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046-22 - Resolution - Contract with Olson Brothers for Stormwater Catch Basin
DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 RESOLUTION NO. 046-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C049-22 WITH OLSON BROTHERS PRO -VAC, LLC FOR THE 2022 STORMWATER CATCH BASIN AND PIPE MAINTENANCE PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT [U.T914 1112*13 WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2022 MRSC Small Public Works Roster; and WHEREAS, on March 29, 2022, pursuant to RCW 39.04.155, the City's Public Works Department established a roster of qualified contractors from the 2022 MRSC Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category — Storm Drainage Facility Construction, Repair and Maintenance and Sub -Category — Catch Basin Cleaning/Vectoring/Jet Rodding; and WHEREAS, on April 4, 2022, and pursuant to Resolution No. 042-20, as amended, at Section 5.0 Bid Procedures, the City's Public Works Department issued an email Invitation to Bid for 2022 Stormwater Catch Basin and Pipe Maintenance Project to five (5) contractors on the selected roster; and WHEREAS, on April 18, 2022, the City's Public Works Department received one (1) bid by the 2:00pm deadline, and Olson Brothers Pro -Vac, LLC submitted the apparent lowest, qualified bid for the 2022 Stormwater Catch Basin and Pipe Maintenance Project; and WHEREAS, on April 19, 2022, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Olson Brothers Pro -Vac, LLC as the lowest, qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 Resolution No. 046-22 Page 2 of 31 THAT: The City Council approves and authorizes the Mayor to execute Contract No. C049-22 with Olson Brothers Pro -Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 101" day of May 2022. L uSigned by: ,v�- P4M A Sinn. Robert Putaansuu, Mayor ATTEST: DocuSigned by: `�,�"?() t'T OR �J'y�iil��Q Brandy Wallace, MMC, City Clerk = 1SEAL: DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 03/29/2022 Time: 04:06 pm Main -Category: Storm Drainage Facility Construction, Repair, and Maintenance Sub -Category: Catch Basin CleaningNactoring/Jet Rodding Small Works Roster Businesses: A- Advanced Septic & Construction AAA Sweeping LLC Action Services Corporation Advanced Electrical Tech, CCS all county rooter Allied Plumbing and Pumps, LLC all serviceasphalt LLC Anderson Environmental Contracting, LLC. Apex Companies, LLC Aqualis Aqualis Archer Construction Axum General Construction, Inc. Baker Underground & Construction, LLC Beisley Enterprises LLC BP Dirt Works, LLC. BRUMFIELD CONSTRUCTION, INC C. Denney Construction Cannon Construction LLC Canyon Ridge Construction Catchall Environmental Ceccanti, Inc. Central Paving LLC Clark And Sons Excavating INC Coating Specialty LLC Columbia Pacific Construction, LLC Columbia Pumping & Construction Inc. Copper Mechanical LLC dba Cowlitz Clean Sweep, PNE Construction & Advanced Electrical Technologies dba Parker Pacific Excavation Deacon Construction LLC Diversified Construction and Consulting, LLC Drain -Pro, Inc. Empire Well Drilling LLC Evergreen Excavating LLC Extreme Excavation FORMA Construction Company Freedom Boring & Excavating Inc. GEC NW, Inc. GeoTest Services, Inc. Graymar Environmental Services, Inc HCP Development Huber General Contractors Inc I & I Services Group LLC Inland Company Insta-Pipe, Inc Interwest Construction Inc. Iron Creek Construction LLC Iron Horse LLC James Lynch Construction J A Morris Construction JTI Commercial Services Kar-Vel Construction KCL Excavating Inc Key Peninsula Construction, LLC KKLA Contractors, LLC DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 LaVelle Vac & Drainage legionary handyman, Ilc M & L Construction Inc Mastec Network Solutions, Inc Maverick Construction and Demo McCann Construction Enterprises, Inc, Michael Green Construction, Inc. MICHELS CORPORATION Mid Mountain Contractors Inc Mills General LLC Molecular Inc Nordvind Company Northsound Utility and Construction, Inc. Northwest Cascade, Inc. Northwest Infrastructure NOVA Contracting, Inc N P M Construction Co. Nys Enterprises Oceanside Construction, Inc. Ohno Construction Company Olson Brothers Pro -Vac Omni Contracting Solutions One,7, Inc. Pacific Surveying and Engineering Services Pacific Trenchless inc/Budget Sewer PH Construction LLC Pipeline Video Inspection LLC Pro -Pipe, Inc. Puget Paving & Construction, Inc. Rains Contracting Inc Ram Construction General Contractors, LLC Raptor Excavating and Contracting LLC RAZZ Construction, Inc, Reece Construction Company Reign City Services LLC Road Construction Northwest, Inc. ROGNLINS INC. Roland Construction Company, LLC Rotschy, Inc. S & L Underground, Inc. Seattle Tacoma Olympia Plumbing, Stop Inc SERVPRO Disaster Recovery Team SETON CONSTRUCTION INC. SHOEMAKER EXCAVATION INC. Shoreline Construction Co Smallworks Pro Sounder Diving LLC Stellar J Corporation Steve Ruhnke Construction Inc Stumpy Tree Service Sun Coast Environmental NW Inc. Swofford Excavating The Plumbing & Drain Co Tiger Construction, LTD TKK, LLC Tribeca Transport LLC TRICO Companies, LLC Trinity Contractors Inc. Tunista Construction, LLC. Ultra Tank Services Inc UTILIGI Communications Vac-Tec Septic & Water LLC. Valdez Construction, Inc Valhalla Construction DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 Ventilation Power Cleaning, Inc. Vet Industrial, Inc. Vortex Services LLC Welwest Construction Inc. Western States Construction, Inc. Western United Civil Group LLC Westwood Company LLC WFS Environmental, Inc Whirlwind Clean & Green Zephyr's Inc. DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 CITY OF PORT ORCHARD SMALL WORKS OVER $35K CONSTRUCTION CONTRACT NO. C049-22 PUBLIC WORKS PROJECT NO. 2022-007 THIS Agreement is made effective as of the 10`f' day of May, 2022, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu 1'lione: 360.876.4407 Fax: 360.895,9029 and Olson Brothers Pro -Vac (dba Pro -Vac) ("CONTRACTOR"), a Washington limited liability company located at: 6622 l 12"' St E Puyallup, WA 98373 Contact: Jay Fox Phone: 898.565.5665 Email: Jay.fox(cipro-vae.com for the following Project: 2022 Stormwater Catch Basin & Pipe Maintenance ("PROJECT") The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; £ Public Works Terms and Conditions; g. Insurance and Bonding Requirements; 04, of Port Orchard and 01sm Brothers Pro -Vac, LLC Public {forks Project No. 2022-007 Rev. 113DR 4-2022 Small ff orks Cowract No. C049-22 U O SIN %,attrR WalushedtlF_Repair&\laintenance Catch Basin552022 CB Cleaning\Contr ce C049-22-Olson Brothers Prc-Vac, LLC.DOC\ Page I of30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. City of Port Orchard Development Guidelines; and j. Appendix A: Non -Discrimination Statutes and Authorities. k. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE CITY AND THE FUNDING AGENCY WILL BE MADE PART OF THE CONTRACT DOCUMENTS. All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be May 30, 2022. The Contractor shall substantially complete the Work not later than September 2, 2022, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be finnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $57,125.71 (including applicable sales tax) (hereinafter "Contract Sum"). The construction Contract Surn shall include all items and services necessary for the proper execution and completion of the 'Mork. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor- to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 00, of Port Orchard cold Olson Brothers Pro- Ilac, LLC Public Works Project No. 2022-007 Res. IBDR4-2022 Small Works Contract No. C049-22 1. V_Simn pater & WatrrhedsT Rcpair&\laintcnancz Catch Basinsti2022 CB Cleaning' Contracf, 049-22- 01s n Brothers Pro-Vae. LLC DOC\ Page 2 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the fiIll performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subiect to Title VI and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) ComiViance Ii,ilh Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended frorn time to time, which are herein incorporated by reference and made a part of this Agreement. b) Norrclrscr imination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c) Solicilations- for Subcontracts, Including Procurements o f iaterials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP, d) Irtforination and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access City of fort Orchard and Olson Brothers Pro -Vac, LLC Public TVorks Project No. 2022-007 Rev. IBDR 4-2022 Small Works Contract No. C0-49-22 UM Stornmaler&,Wateraheds�F_Repair&\laintenance.Catch Basins12D22 CB Cleaning\Conlrz t',C0.19-22- OI Wa Brothers Pro-Vae, 1.I.0 DGCX Page 3 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refiises to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. e) Scnrctions for NoncomiVicince: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 1) Incorpornllon ofNovisions: The Contractor will include the provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. IQ. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that slice has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. aim . ..=a M I ill -Are IMM 9 P.-I WWA FA III WN - ; • NOW, j 1_0 • • V City of Port Orchrn-d and Olsair Brothers Pri Ili , LLC Public Works Project No. 2022-007 Rev. IBDR <E-2022 Small {forks Contract No. C049-22 ['17_Stci muaterh 1\'ai r_heds\F_RepairR\faintenance,Catch BasinO2022 C11 CIeaninElContfz e.CG49-22-D1,,,n Brothpts Prii LLC.DM-X Page 4 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 -------------- 12. 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of 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 Agreement 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF 'PHIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. a) Non-Traiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the sanne shall be and remain in fiill force and effect. b) Resolution of Disputes and Governing Lmi,. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or Iawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. Citn, of Port Orchard (aril Olso)r Brothers Pro -Vac, LLC Public lVorks Project No, 2022-007 Itm IBDR 4-2022 .Small Works Contract No. CO l9-22 UA7_Stn i«atc & Waterhed,%F Repair&-%WnLea nce.Catch Basns12022 CB Cleanine',Contra V..CO49-22- Olson Brothers PrrNrac, LLC.DOCX Page 5 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 ATTEST/AUTHENTICATE c) llVritten Notice. All commuiucations regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business 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 Agreement or such other address as may be hereafter specified in writing. d) Assigninew. Any assigiunent of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assigtuuent, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Akcldficrttion. No -,waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counleg)arts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD DocuSigned by: 96bt f POMAA4t Robert Putaansuu, Mayor aRTOnC OGo�PORq �SEAL "u„F,WA,51a�•. CONTRACTOR Olson Brothers Pro -Vac By: Jay Fox its: ET & Disposal Divison Manager City of Port Orchard and Olson Brothers Pro-Vae, LLC Public IJ'orks Project No. 2022-007 Rev. [BDR 4-2022 Small (forks Contract No. C0 t9-22 L _\7 Watersheds+F_Repai rK\lai ntcr ancr Catch Ba im\2022 CB CleaTtine.Cnntract',C049 22- Olwn Brothen Pro -Vac, I.I.0 DOC Page 6 of30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 FcuSigned by: a�n (W.aa, Bran y Wa race, MMC, City Clerk APPROVED AS TO FORM: Docu%Signed by: Charlotte A. Archer, City Attorney City ofPort Orchard and Olsun Brothers Pro -[lac, LLC Public l d corks Project Alo. 20 22-007 Rev. I BDR 4-2022 Squall 11'orks Contract No. C019-22 C:17 Sln , ate, &-WATershed5%F_Repair&Nfaimrnancc'Catch Basia%2{'22 CD Cleaning',Contrad.C639-22- Oi son Brothers Yro-Yac, LLC, DOC\ Page 7 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Wesley Brood (Corporate Ofcer (mot C'arrtrcrcl Signer)) certify that i aln the CFO (Cor7)orcrte Title) of the corporation named as the Contractor in the Agreement attached hereto; that Jay Fox , (Contract ,Signer) who signed said Agreement on behalf of the Contractor, was then ET & Disposal Manager (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal IA)A� Al IL Corp. offieler signattR191,110t. contract signer) Wesley Brood Printed CFO Title State of WA ) ) ss County of fierce ) Wesley Brood (corporate officer (rot contract signer)) being duly sworn, deposes and says that he/she is CFO (Corporate Title) of Olson Brothers Pro -Vac (Nairn Qf Corporation) Subscribed and sworn to before nie this 3 day of MELANIE ROSS Notary Public State of Washington License Number 186620 My Commission Expires July07, 2024 May 20 22 Notary ry Public (Signature) Melanie Ross Notary Public (Print) My commission expires July 7, 2024 City of Port Orchard and Olsoar Brothers Pro -Vac, LLC Public IVorks Project No. 2022-007 Rev. IBDR 4-2022 Small T forks Contract A'o. C049-22 1:A7_Stormwater &L4'aurshzds�F_RzpairR\faintznance'.Cat.h Ba,i a%2422 CB 01s n Hrothers Pro-Var. 1-F.C,[W. Page 8 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following teIms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a tiilly Iiinctional and operational state, All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom ail award is made, and "Contractor" means the sticeessftil bidder who has satisfied the requirements for the award and who receives a contract executed by the City. `Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06,010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. Cily of 'Porf Orchcv-d cmd Olsoiz Brothers Pro -Vice, LLC Public iYorks Project A'o. 2022-007 Rev, 113DR 4-2022 Small lVorks Cowract No. C049-22 UV -Storm rater & Watershe ls�F_RepairR\IainSenartce'.Cai.h 14a ins\1022 CB Ctea inglC virwO,C049-22- 01w Brflthers Nru Vac, 11C "X Page 9 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 S. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. S. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR 1N EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date 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 specified in this paragraph, the City of Port Orchard cant Olsom Brothers Pro -Mac, LLC Public lVorks Project No. 2022-007 Rev. [BDR 4-2022 Small Works Cowract No. C049-22 U17 Repair&*,taintenance'Catch BaSins%2022CBCleaninglCnntrzct%C4)49-22-Olron Brothers PrrVac.LLC.DOCS Page 10 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 Contractor vcraives 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 in subsections A through E of Section 13 entitled, "Claims," below.. 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 Contractor as provided in this section shall constitute Rill 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. 13. CLAIMS: 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 may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement 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 Agreement. At a minimum, a Contractor's written claim shall include the information set forth In Subsections A, items 1 through 5 below. 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. A. Notice of Claire. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Recorcds. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Cite Of horf Orchard (Dill Olsorl Brothers Pro -Vac, LLC Public 11"orks Project No. 2022-007 Rev. IBDR 4-2022 Small Works Contract No. C019-22 C 17_Sto—aterk %VarersheSslF_RepairR'tfai mrnance'Catch Bssins�2022 C'B C'leaning',Cs+ntrz�t',CW9-22-61san 8tuthers i'ro-Vaa, [.LC.bOC\ Page 11 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 C. Contractor's Dut)= to C'onyVele Protested !'J'ork. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes JYctiver. 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 Proceclttres Constitutes fVaiver. 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). 14. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH 'PHIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 15. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and sliall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and 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. 16. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 17. EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS), Pursuant to RCW 41.50,139(t) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension 00, or Port Orchard cold Olsoj7 Bmthers Pro -Vac, LLC Public lVorks Project No. 2022-007 Rev. IBDR 4-2022 Small Works Contract No. C049-22 U %7_Stornmater & 15'aiushedstF_E{epair&}lainten ance'Catch Basins527022 CB C3ranin,\Contra:r'.C449-22-Dlson Brothers Pro-Vaz. LLC DDCX Page 12 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 overpayment caused by or resulting from. Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 18. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor's own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees 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. 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 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 the indemnification provided herein constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The Parties further acknowledge that they have mutually negotiated the waiver. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION Olt TERMINATION OF THIS CONTRACT. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. a) Terinination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assigrunent for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it decors expedient. b) Terminaliolr for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. Chi , of Port Orchard and Olson Brothers Pro -Vac, LLC Public Ji"orks Project No. 2022-007 Rev. IBDR 4-2022 Small li'orks CoWracl No. C049-22 ti-,l7_St .rm++aler&WattrshcWf Repair&M si ntenancz Catch Baqin0022 CN Cieanin'Centraa',C9-t9-22-01I. Brothers I'ro-Vaa. 4-E-C. DOC\ Page 13 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 c) Seltlemeni of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held In such location as the parties may agree after consulting with JAMS. 04, of Port Orchard rrrad 01sora Brothers Pro --Vac, LLC Public Works Project No. 2022-007 Rev. IBDR,1-2022 Small 1t'orks Contract No. C019-22 C:17_Stc ,aterR Watershed,% Repair&,X1ai ntenanceCatch BasinsN2022 CB Cleaning`.Cmtra iT N9-22- Ol-oa Brothers PraVac, LLC DoC Page 14 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 Attachment CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, Its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or othertivise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • 1moinobile Liabili{y insurance covering all owned, non -Owned, hired and leased vehicles. 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. CQrrnner'cial Gener(l Liabilil}) insurance 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 ISO form CG 25 03 1185, 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 he named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. • ff"orkers' Conilmnsation coverage as required by the Industrial Insurance lags of the State of Washington. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, ternporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be tine responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any 04, of Port Orchard wid Olsojr Brothers Pro -Vac, LLC Public Works Project No. 2022-007 Rev. 113DR 4-2022 Small 111arks C'owract No. C049-22 U W_Sto mM1N ater A WaiershelsT_Repair&\33i ntenmce'.Catch 1336ns%2022 CB 01 son Brother Pf -Vzc. LLC. DOC\ Page 15 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-lF51DA210EE7 increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Enrpla}ler's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a rnininmtun combined single limit for bodily injury and property damage of $1,000.000 per accident. • Connnercial General Liability insurance shall be 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. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • 117orkels' Compelnsation insurance as required by the State of Washington. • Elrrployer s Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entit r Full Availabili1y of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the fills available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: Cily of Port Orchard and Olson Brothers Pro-11ac, LLC Public JVorks Proiecl No. 2022-007 Rev. IBDR4-2022 Small Works Contract Alo. C049-22 UA7_Sio nmater R Warer;hrd51F R�+airR-\lainlenaner Catch Dasins52422 CB Clcaning'.CensaiC.C449-22-Olson 1trcKhers Pro-1'au, LCC IXX-\ Page 16 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 • 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. + If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other Losses. The Contractor shall assiune fill 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. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk Insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of Coverage. The 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. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance.The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using in endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CO 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Ch), qf Port Orchard and Olson Brothers Pro- Vac, LLC Public (Yorks Project Na. 2022-007 Rev. [BDR 4-2022 Small Works Contract No. C049-22 U7_St*=m ,aw,& `';'atershWsT Repair&NIainlenance.Catch Ba5j02022 CB Cleanirg Contract`,C049-22- 01wn Bcothrrs Pr %ra., LLC.DOCS Page 17 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all preiniums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project A'o. 2022-007 Rm IRDR 4-2022 Small 1T1orks Contract No. C049-22 C:V Stormaater R Waterahe&%F Repair&l[aintenancz Carh AassnsX2022 CII CleaningTuntrz VCC49-22- Olwn Brothers Pra-Vac, LLC.DOCX Page 18 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RE' TAINAGE (APPLICABLE TO CONTRACTS OF S150,000 OR LESS --RCW 39.08.010) Able 1: This form inust he subinitted crt the time the Corrtr•crctor executes the Contract. The Conlrcictor shall designate the option desired by checking the appropriate space. Note 2: Regardless of choice rrncter Section 2 of this forrn, I. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): (1) Furnish a performance bond in the amount of the total contract sunn. An executed performance bond on the required form is included with the executed contract documents. (2) Ilave the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfidly perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the maru>ier therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the fiends retained in lieu of a performance bond shal I be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Coratraclor• Signature, Date 5/3/2022 Bond No. Cht , of Port Orchard aNd Qlsorr Brothers Pro-Kac, LLC Public Works Project Ato. 2022-007 Rev. 113DR 4-2022 Small (Yorks Contract No. C019-22 C.-57_Stommater& N5'at�rshedsT_Repair&\taintena ,:e.CAtch Basinst2422 CB CleaningtCc tractTG49--22- Olson Brothers Pfo-Vae, LLC.BOCS Page 19 of 30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 CITY OF PORT ORCHARD A4AJNTENANCFAA1ARRANTV BOND WAIVED (Note: Before the Performance Bond (or the 10 percent Retainage if selected by Contractor) can be released, the Cite niust receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT P W2022-007 CONTRACT # C049-22 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: 2022 Stormwater Catch Basin & Pipe Maintenance Owiler/Developer/Contractor: Project Address. Various locations within the City of Port Orchard KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the 'Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawvfiil money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) City of Port Orchard and Olson Brothers Pro -Vac, LLC Public lVorks Project No. 2022-007 Rev. IBDR 4-2022 Small 11"orks Contract No. C0 F9-22 LW Std M,,31tr& WAtmhed0:_"epairR�[aiatern+n.i .Catch E3asins12022 C13 Cleaning'.Crnirac',CLH9-22-OI n ©rotheri Pro-1'ar. LLC.DOCX Page 24 of30 DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 6622 112th St F. I Puyallup, WA 98373 (888) 565-5665 1 Fax: (253) 435-5788 ! www.pro-vac.com April 15, 2022 City of Port Orchard Public Works 216 Prospect Street Port Orchard, WA. 98366 Re: ITB — 2022 Stormwater Catch Basin & Pipc Maintenance CONTRACTORS LICENSE: OLSONBP985J2 UBI #: 602-170-975 EIN:80-0016987 Employment Security 179392008 CONTACT: Jay Fox—Jay.fox a pro-vac,com SUMMARY: Olson Brother's Pro -Vac, LLC (dba Pro -Vac) has the Northwest's largest fleet of vacuum trucks and trained operators. Currently, we have 9 CCTV truck and 43 Eductor Trucks and over 80 operators and laborers. Additionally, we have several current contracts. We have a 24hr staffed dispatch group available to respond immediately to any requests. Our Office is located at 2412 Inter Avenue Puyallup WA. 98372 We ensure timely quotes rartl performance of services through our 24hr staffed dispatch group, utilizing OPS vehicle tracking and several project managers in the field. In this manner, we are able to route vac trucks and other vehicles in an efficient manner and provide any additional staffing, tooling or supplies to the job site. We have a staff of six salespersons and seven PM's throughout the Puget Sound area for rapid response to any job issue. We take maintenance of our fleet very seriously. We have onsite a three -bay maintenance garage for our vac trucks, staffed around the clock, with 4 mechanics working exclusively on preventative maintenance, with two additional mechanics available for major rebuilds. Additionally, we have a iretwork of trostcd third -party vendors we can use for overflow work. Quality of work is our prime goal. Using our network of seven project managers, we ensure that all jobs will have manager onsite supervision, quality review and approvals before a job is complete. The scope of work as outlined is very similar to current contracts we have in place. We will train specific crews on (he methodologies required by your company and do our best to ensure that your work orders retain the same trained crew. Our goal is to make sure our operators are aware of the specifies of this job, including access to the worksite, communication with your staff, etc. DocuSign Envelope ID: 9D60ECE2-C624-4931-821B-1F51DA210EE7 SNPa !ft%JI►C 66221121th St E f Puyallup, WA 98373 (888) 565-5665 j Fax: (253) 435-5788 [ www.pro-vac.com We make every effort to be environmentally conscious on each -job. Each vehicle is inspected daily to prevent leaks of hazardous fluids. We have a dedicated spill response project manager on staff and available to respond to any waste product we encounter. Additionally, we have profiles on each waste product we are cleaning or transporting. Pro -Vac began operations in 1995 with a small fleet of Vac trucks & CCTV trucks, providing construction related vacuum/waste services. By providing a high level of quality in very difficult and complex job requirements, the firm has maintained continued growth, adding to the fleet each year, and adding additional divisions — sweeping services, grout/manhole restoration, tank cleaning, etc. In 2016, Pro -Vac took on an equity partner, forming Olson Brother's Pro -Vac, LLC. This additional funding provide([ the opportunity for more expansion, and we added 15% to the fleet in 2015. As of August 31", 2017, we completed the 100% purchase of Everson's Econo-Vac. This added 30% more capacity to ilie fleet, plats several experienced employees to our staff. We then added Best Parking Lot in 2020 to our fleet to expand our operations even further with excellent and experienced operators. In most cases, new employees start as laborers and are assigned to operators to learn to use the equipment on the job site. Initial training on safe operations of vac. trucks and all other equipment as well as PPE and general safety training. We make every effort to ensure equal employment opportunities at Pro -Vac, directly from the hiring/recruiting process. Our hiring managers are trained in interview skills to avoid any direct questions {or the appearance of) that would indicate any bias. We took forward to working with you. Please contact us ifyoti have ally questions, or eotrcerns. Thank you, Jrry F,I l Project Manager / Supervisor .I- 5io % — Pro -Vac, LLC 6622 1121h Street E Puyallup, WA 98373 C:253-880-2779 O: 253.435.4328 E: Jay.Fox &� ro-vacxom W: tiv_ww_.4rro•vaC.coJn DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 SCHEDULE OF CONTRACT PRICES 2022 STORMWATER CATCH BASIN & PIPE MAINTENANCE PW 2022-007 NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Bidder: Olson Brothers Pro -Vac pate: 4/15/2022 Estimated Item No. Quantity SP/STD Description of Item Unit Price Amount 1, 1 LS Mobilization $100.00 $104.00 2. 1 LS SPCC Plan $1.00 $1.00 3. 1 LS Temporary Traffic Control $225.00 $225.00 4. 923 EA Type I Catch Basin Cleaned $31.98 $29,517.54 5. 231 EA Type II (48" or larger) Catch Basin/Manhole Cleaned $53 98 $12,469.38 6. 5000 LF Pipe Jetting $1.00 $5,000.00 7. 5,00 LS Minor Change S1.00 $5,004.40 SUBTOTAL: $ 52,312.92 SALES TAX (9.2%)$ 4,812.79 TOTAL BID: s 57,125.71 SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. The lowest responsible bidder who is awarded the contract will decant and dump at the City owned decant facility for this project. DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 CITY OF PORT` ORC lAW 2022 STOiiM WA'i R CATO i BASIN & PI PB M AI NTENANCE RJ8UCWM1SPROJL7NO. PW2022-007 The undersigned ladder hereby agreesto start construction on this proje(t, if awarded, no later than fourteen (14) calendar days after Notice to Roceed and to complete the project within the time stipulated in the Contract. Fay signing below, bidder acknowledges receipt of the foil owing Addenda to the fed Documents: Addendum No. Addendum No. Date of Fbceipt Date of %ce!pt /lddendum No Addendum No Date of fka�oelpt Date of lbceipt NOTE Failure to ackiowledge receipt of Addenda maybe considered asap irregi darity in tlue Cad O-cj)osal and Owner rewrves the right to determine whether the bid will be disqualifirfl. fly s€gning below, Rdder certifiesthat he/she hasreviewed the insuranoe provisions of tho fed Docrrrrentsand will provide the required coverage. -Ihe undersigned fodder hereby certifies that, within the three-year periad immediately preceding the bid solicitation date for thisRoject, the bidder is not a "willful" violator, asdefined in WN49-48,082, of any provision of chapters 49.46, 49.46, or 49.52 RON, as determined by a final and binding citation and notice of assessment issued by the Department of tabor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFRCIALAUTHORIZEDTOSIGN FORBtDDIR "1 certify (or dedare) under penalty of perjury under the laws of the gate of Washington that the foregoing istrue and correct." 8gnature: Ddto: 9dx�_ &�e 4/15/2022 Rinted NaKne Xnd Title: Location or Place Executed (City, Gate): Jay Fox - ET & Disposal Division Manager &usinessAddress WsinessTelephone: 2412 Inter Avenue Puyallup, WA. 98372 253-435-4328 NOTES If the Udder is a co -partnership, dive firm name under which business is transacted; proposal must he execute(] by a partner. If the ladder is a oorporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer acoompanied by evidence of authority to sign). Any signature must be notarized below. DocuSign Envelope ID: 9D60ECE2-C624-4931-821 B-1 F51 DA21 CEE7 STA EOF Washington } )ss. GOUNTYOF Pierce I certify that I know or have satisfactory evidence that Jay Fox signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the ET & Disposal Div M a n a ge (t it I e) of Olson Brothers Pro -Vac (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal, Dated this 15 day of April 120 22 MELANIF ROSS Notary Public State of Washington License Number 166620 My Commission Expirds Jul07, 2024 Notary Public Melanie Ross fl-inted Nine My Commission Expires:. JuIy 7, 2024