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067-21 - Stellar J Corporation - Contractand CITY OF PORT ORCHARD SMALL WORKS OVER $35K CONSTRUCTION CONTRACT NO. C067-21 PUBLIC WORKS PROJECT NO. PW2021-024 THIS Agreement is made effective as of the 22"d day of July, 2021, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 Stellar J Corporation 1363 Downriver Dr. Woodland, WA 98674 Contact: Ed Hap edorn for the following Project: ("CONTRACTOR") Phone: 360.225.7996 Email: ed�7a,stellarj.com Pottery Lift Station Emergency Repairs ("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, 2018 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. 2015 International Building Code (IBC) and 2015 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; and City of Port Orchard and Stellar JCorporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 U:\9_Sewer Utility\F_Repair&Maintenance\SewerRepeirs_2021\Pottery LSTmergency Repair1C067-21_Pottery Lift Station.docx Page 1 of 23 i. City of Port Orchard Development Guidelines. 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 Julv 26, 2021. The Contractor shall substantially complete the Work not later than November 1, 2021, 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 furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $256,150.00 (including applicable sales tax.) The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. 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. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 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 City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&MaintenancelSe rRepairs_202I Tottery LSTmergency Repair\C067-21_Pottery Lift Stadon.docx Page 2 of 23 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. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with 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 from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: 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. 3. Solicitations for Subcontracts, Including Procurements of Materials 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. 4. Information 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 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 refuses 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. 5. Sanctions for Noncompliance: 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. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six 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, City of Port Orchard and Stellar JCorporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer UtilirylF_Repair&Maintenance4SewerRepairs_2021Tottery LMEmergency RepairT067-21_Pottery Lift Stadon.docx Page 3 of 23 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putaansuu, Mayor ATTEST/AUTHEN . U Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney CONTRACTOR Stellar J Corporation By: Jeff Carlsen itiv Vice President City of Port Orchard and Stellar Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 U:\9 SewvlllilityW_Repair&Maintenance%SewerRepairg_2021%Ponery LSIErnwSoncy Repair1C067-21 Pottery Lift Station docx Page 4 of 23 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Sheryl Trumbower (Corporate Officer (Not Contract Signer)) certify that I am the Assistant Secretary (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that Jeff Carlsen , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then Vice President (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 Corp. officer signature (not contract signer) Sheryl Trumbower Printed Assistant Secretary Title State of Washington ) County of Cowlitz ) Sheryl Trumbower (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is Assistant Secretary (Corporate Title) of Stellar J Corporation (Name of Corporation) Subscribed and sworn to before me this 23 day of July , 20 21 ,�.MENT��.�• otary Pu is ( ignature) :.� NOTAgy;e- i �• AVBLI G►,;' Caw aaw-hpie., • Z�' 7 ' � otary Public (Print) My commission expires/0— Q / —2QZ WASH�►'� City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&Maintenance\SewerRepairs_2021Tottery MEmergency Repair\C067-21_Pottery Li$ Station.docx Page 5 of 23 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 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 fully functional 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 an award is made, and "Contractor" means the successful 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. 5. 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. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_RepairBMaintenance\SewerRepairs_2021\Pottery LSTmergency Repair\C067-21_Pottery Lift Station.docx Page 6 of 23 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. 8. 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 IN EXTENSION: Unit price, when used, shall govern in case of extension error. 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. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed -price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed -price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed -price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&MaintenancelSewerRepairs_20211Pottery LS\Emergency Repair\C067-21_Pottery Lift Station.docx Page 7 of 23 Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. 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. 16. 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 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty to the City, 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. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&Maintenance\SewerRepairs_2021\ Pottery LSTmergency Repair1C067-21_Pottery Lift Station.docx Page 8 of 23 19. 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. 20. 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. 21. 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 parry 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. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&Maintenance\SewerRepairs_2021\Pottery LSTmergency Repair\C067-21_Pottery Lift Station.docx Page 9 of 23 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS 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 otherwise 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: • Automobile Liability 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. Commercial General Liability 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 11 85 or an equivalent endorsement. 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 by endorsement 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 Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required by the Industrial Insurance laws 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, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility) _Repair&MaintenancelSewerRepairs_20211Pottery MEmergency Repair1067-21_Pottery Lift Station.docx Page 10 of 23 The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Employer'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 minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. Commercial 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. Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City (as applicable to each line of coverage). The Consultant'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 provided by the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the 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 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 ANII. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 U:19_Sewer Utilitff Repair&Maintenance\SewerRepairs_2021\Pottery LSTmergency RepairT067-21—Pottery Lift Station.docx Page 11 of 23 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 proj ect. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Consultant shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. 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. 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 premiums 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 Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&Maintenance\SewerRepairs_2021\Pottery LSTmergency Repair\C067-21—Potlery Lift Station.docx Page 12 of 23 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150.000 OR LESS —RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): X (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have 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 faithfully 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 manner 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 funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. 4 1)�' Jeff Carlsen, Vice President Cont actor Signature, Date 7/23/2021 Bond No. 023219267 City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 U:19_Sewer UtilirylF_Repair&Maintenance\SewerRepairs_2021\Pottery LSTmergency Repair1C067-21_Pottery Lift Station.docx Page 13 of 23 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD POTTERY LIFT STATION EMERGENCY REPAIRS CONTRACT NO. C067-21 Bond to City of Port Orchard, Washington Bond No. 023219267 We, Stellar J Corporation , and Liberty Mutual Insurance Company (Principal) (Surety) a Massachusetts Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Two Hundred Fifly Six Thousand One Hundred Fity and 00/100ths Dollars ($256,150.00 }, the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated July 22, 2021 , between Principal and Owner for a project entitled Pottery Lift Station Emergency° Repairs Contract No. C067-21 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/l/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\l _Repair&MaintenmcelSewerRepairs_2021\Pottery LS1Emergency RepairT067-21_Pottery Lift Station. dock Page 14 of 23 No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 23rd day of _ July , 20 21 . Stellar J Comoration 4 Principal 11 Signature of Authorized Official U(�4n- n , (U PC eS)A'r1 Printed Name and Title Liberty Mutual Insurance Company Surety Z5�A*� /4� _ Signature of Authorized Official By Andrew Kerslake Attorney in Fact (Attach Power of Attol-ney) Name and address of local office of Agent and/or Surety Company: Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue. WA 98004 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/l/2020 Small Works Contract No. C067-21 UA9_Sewer Utility\F_Repair&Maintenance\SewerRepairs_2021\PotteryLS\Emergency Repair\C067-21 Pottery Lift Station. doc Page 15 of 23 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF W � ) )ss. COUNTY OF C6\4 I i Z ) On this43�# day of 1 , 20 21 , before me, the undersigned, a Notary Public in and for the State of Washington, duly co missioned and sworn, personally appeared J e-* Cut 1S6rn , to me known to be the (check one of the following boxes): corporation, FJ partnership, ❑ individual, of SeLkw � lA`rta o ro-kW► , the of the that executed the foregoing instrument to be the free and voluntary act and deed of said 5d corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. 0 `````�%%� RUM11/11'� , » y p`��pTAq y �9rn • s OF tW ASNo``� Notary Seal with Ink Stamp Dated: _ -ILZ3120 Z\ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: W d 0A U-4'\Vl ' w My Commission expires: _ UwL+� I , 20 22 City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 UA9_Sewer UtilityT_Repair&MaintenancelSewerRepairs_20211PotteryLSTmergency Repair1C067-21 Pottery Lift Statiomdocx Page 16 of 23 SURETY ACKNOWLEDGEMENT STATE OF Washington ) )ss. COUNTY OF King ) On this 23rd day of July , 2021 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Andrew Kerslake , to me known to be the Attorney -in -Fact of Liberty Mutual Insurance Company _ the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that X❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public State of Washington NICHOLAS FREDRICKSON COMM. EXPIRES 04/20/2023 COMM. #205$07 Notary Seal with Ink Stamp Dated: July 23, 2021 Nicholas Fredrickson Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: Bellevue, WA My Commission expires: 04/20/2023 City of Port Orchard and Stellar J Corporation Public Works Project No. PW2021-024 Rev 5/1/2020 Small Works Contract No. C067-21 ' UA9_Sew UtilityNI _Repair&MaintenancelSew rRepairs_20211Pottery LSTmergency Repair1C067-21_Pottery Lift Station. docx Page 17 of 23 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8205977-023001 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Andrew Kerslake, Andrew P. Larsen, Charla M. Boadle, Deanna M. French, Derek Sabo, Elizabeth R. Hahn, Guy Armfield, Jana M. Roy, John Claeys, Mindee L. Rankin, Nicholas Fredrickson, Roger Kaltenbach, Ronald J. Lange, Scott Fisher, Scott Garcia, Scott McGilvray, Susan B. Larson all of the city of Bellevue state of WA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of July , 2021 . Liberty Mutual Insurance Company WSu Zv INS& d %HSU The Ohio Casualty Insurance Company ,�JP°ojePOi+a'%� yJ o¢PO"rgT�y Oft PORv�p West American Insurance Company N Y$1912 0 o s1919�o a 1991 0 Nadd 89,e+tuda yHAMPai� �S°rANP da �y1 * lt> ,'M * 1a By: to David M. Carey, Assistant Secretary m State of PENNSYLVANIA County of MONTGOMERY ss ej o C a) N N rn(D L t= W Of E- On this 16th day of July , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. yp, PAST � oNw F CommomwWthofPennsylvania - Notary seal ` �tyQcp �al�z�9 Teresa Pastella, Notary Public ounty nF Msion ex ery March !�,+ My commission expires March 28, 2025 By; JC! a`4 Commissionnumbert1zsof Teresa Pastella, Notary Public VA,�yG Member, Pennsylvania AssbtiaGon or NOWries ry ARy Pu" This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizance$ and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I.have hereunto set my hand and affixed the seals of said Companies this 23rd day of JUE 2021 v INSU �-0 INSV 104 INSUR �`lPc°NP°'ry oi�Pc°�O�r�y .4P c°'rPO4 ��yo 1 ? f o cn c s �o 1912 o$1919 o A 1991 0 � dye �sgCHUSa� y0 ��NgMp6r� a� ,Llewellyn, �N°IANP aa$ By. Renee C. Assistant �M * r� Secretary N U :3cu c:3 cE m� U N L E t] Q O Oo Qy N O cN,y aDo 00 c� Co e -0(00 c 04) fc �o oT LMS-12873 LMIC OCIC WAIC Mulii Co 02121