044-23 - Olson Brothers Pro-Vac LLC - ContractDocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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CITY OF PORT ORCHARD SMALL WORKS OVER $35K
CONSTRUCTION CONTRACT NO. 044-23
PUBLIC WORKS PROJECT NO. PW2023-011
THIS Agreement is made effective as of the 23rd day of May, 2023, by and between
CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029
Olson Brothers Pro -Vac, LLC ("CONTRACTOR"), a Washington limited liability company located
2412 Inter Ave
Puyallup, WA 98372
L253) n2� n��o
Contact: Jay Fox Phone: ,___, .__ .___ Email: jay.fox@pro-vac.com
(253)435-4328
for the following Project: ?_
2023 Stormwater Catch Basin and Pipe Maintenance ("PROJECT")
In consideration of the mutual benefits to both parties, both Parties agree to the following:
AGREEMENT:
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;
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;
i. 2019 Public Works Engineering Standards;
j. Appendix A: Non -Discrimination Statutes and Authorities.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011
2023 Stormwater Catch Basin & Pipe Maintenance
Rev. IBDR 4-2022
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
k. The bid proposal submitted by the contractor, except when inconsistent with Contract documents
a-j
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 29, 2023. The Contractor shall substantially complete the Work not later than September 2,
2023, 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. 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.
Subject to additions and deductions by change order, the construction maximum payment is the
base bid amount of $76,214.78 (applicable sales tax included) (hereinafter "Contract Sum"). 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.
S. 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. The Contractor warrants that it is
licensed and authorized to do business under the laws of the State of Washington and has not been
suspended or debarred in the past three (3) years.
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 full 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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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 subject 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) 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.
b) 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.
c) 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.
d) 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.
e) 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.
f) Incorporation of Provisions: 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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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.
10. 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 s/he 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.
11. Warranty.
eFiginal FeplaeeFAent paFts shall be used Febuilt eF used paFts will net be aeeeptable. When
Contractor work is deemed complete at time of service and does not adhere to any warranty provisions.
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 THIS INDEMNIFICATION. THE PARTIES FURTHER
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The provisions of this section shall survive the expiration or termination of this agreement.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
13. Miscellaneous Provisions.
a) Non -Waiver 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 same shall be and remain in full force and
effect.
b) Resolution of Disputes and Governing Law. 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 lawsuit,
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.
c) Written Notice. All communications 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) Assignment. Any assignment 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 assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall
be made without additional written consent.
e) Modification. 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) Counterparts. 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.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the
date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Er
DocuSigned by:
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Ro ert Putaansuu, Mayor
By: Jay Fox
Its: Division Manager
ATTEST/AUTHENTICATE:
DocuSigned by:
46A5F�`r���4cij�Wallace, MMC, City Clerk
DocuSigned by':', . '^
203701F2�5�52d15'IOtte A. Archer, City Attorney
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Ivan Lisanets(Corporate Officer (Not Contract Signer)) certify that
I am the Controller (Corporate 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 _Division 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 al
orp. of ricer signa ure (not contract signer)
Ivan Lisanets
Printed
Controller
Title
State of Washington )
) ss
County of Pierce )
Ivan Lisanets . (corporate officer (not contract signer)) being duly sworn,
deposes and says that they are Controller (Corporate Title) of
Olson Brothers Pro -Vac. LLC (Name of Corporation)
Subscribed and sworn to before me this 18th day of May , 20 23
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PUBLIC
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011
2023 Stormwater Catch Basin & Pipe Maintenance
Notary Public (Signature)
Amanda R. Punsalan
Notary Public (Print)
My commission expires 10/12/2025
Rev. IBDR 4-2022
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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, 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 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. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with
Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall
submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay
Prevailing Wages," which must be approved by the Department of Labor and Industries (See link
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself
and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be
made in accordance with the requirements of Chapter 39.12 RCW.
Refer to http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/defauIt.asp for Washington
State Prevailing Wage rates.
6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the
Attachment entitled "Insurance Requirements."
7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by
written addenda only.
8. 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.
9. 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.
10. ERROR IN 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.
11. 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.
12. 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.
13. 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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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
Contractor waives its right to make any claim or submit subsequent change order requests for that
portion of the contract work. If the Contractor disagrees with the equitable adjustment, the
Contractor must complete the change order work; however, the Contractor may elect to protest the
adjustment as provided 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 full payment and final settlement of all
claims for contract time and for direct, indirect, and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
14. 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 Claim. 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. Records. 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.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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.
C. Contractor's Duty to Complete Protested Work. 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 Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the City any
written or oral order (including directions, instructions, interpretations, and determination).
15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM
OR CONNECTED WITH THIS 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.
16. 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 shall 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.
17. 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.
18. 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(1) 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 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.
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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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) Termination 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 assignment 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 deems expedient.
b) Termination 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.
c) Settlement 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. RETAINAGE: Unless the City waives the retainage requirement in accordance with RCW
39.04.155(2)(f), the City shall, pursuant to the requirements of RCW 60.28.011, retain five percent (5%) of
the monies earned under this Contract, which shall be maintained by the City according to the Contractor's
requested method.
23. 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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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 Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City,
insurance as described herein, without interruption from commencement of the Contractor's work
through the term of the contract and for thirty (30) days after the physical completion date, unless
otherwise indicated herein. Such insurance shall be 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 and shall meet the requirements
herein.
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 1185 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 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
• Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers
Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-
alone policy.
• 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. The Builders Risk insurance shall be maintained until final
acceptance of the work by the City.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
• 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.
• Workers' Compensation insurance as required by the State of Washington.
• Employer'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 Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than
the minimums shown above, the Public Entity shall be insured for the full 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:
• 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 assume full responsibility for all loss or
damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery,
equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
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
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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 an endorsement as least as broad as ISO CG 20 10 10
01 for ongoing operations and CG 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.
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 Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010)
NOTE 1: 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.
NOTE 2:
^r „ eGSe 4 the 10% „tGinGgA Warranty/Maintenance Bond is waived.
1. 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 sum. An executed
performance bond on the required form is included with the executed contract documents.
X (2) Have the City retain, in lieu of the performance and payment bonds, an additional
5% for a total of 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,
the employment security department 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.
o ractor Signature
Date 5/18/2023
Bond No. N/A
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
PERFORMANCE AND PAYMENT BOND
Cal II V9932Z01. t03.101:/_1:1p7
2023 STORMWATER CATCH BASIN & PIPE MAINTENANCE
PUBLIC WORKS PROJECT NO. PW2023-011
Bond to City of Port Orchard, Washington
Bond No.
We, , and
(Principal)
(Surety)
a Corporation, and as a suZan
. n authorized to become
a surety upon Bonds of Contractors with municipal corporationton State, are jointly and
severally bound to the City of Port Orchard, Washingtonin the penal sum of
s ($the payment of which sum, on demand, we bind ourselves andors, heirs, administrators,
executors, or personal representatives, as the case may be. This Pond is provided to secure
the performance of Principal in connection with a contract dated20 , between Principal
and Owner for a project entitled 2023 Stormwater Catch Basin gipe Maintenance Project No. PW2023-
011 ("Project"). The initial penal sum shall equal 100 percent the Total Bid Price, including sales tax, as
specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bo d shall be satisfied and released only upon the
condition that Principal, its heirs, executors, adminis ators, successors, or assigns:
• Faithfully performs all provisions of the Co tract and changes authorized by Owner in the manner
and within the time specified as may be xtended under the Contract;
• Pays all laborers, mechanics, subcon actors, lower tier subcontractors, material persons, and all
other persons or agents who suppW labor, equipment, or materials to the Project;
• Pays the taxes, increases and p alties incurred on the Project under Titles 50, 51 and 82 RCW on:
(A) Projects referred to in CW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payme of such taxes, increases and penalties; and
• Posts a two-year wary ty/maintenance bond to secure the project. Such bond shall be in the
amount of twenty pe cent (20%) of the project costs.
Provided, further that is bond shall remain in full force and effect until released in writing by the City at
the request of the S ety or Principal.
The surety shalVndemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from/he failure:
• Of e Principal (or any of the employees, subcontractors, or lower tier subcontractors of the
P ncipal) 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.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
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 co
Xn
on
with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether ouit
is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to th ork to be
performed under the Contract shall in anyway affect Surety's obligation on the Performan Bond. Surety
hereby waives notice of any change, extension of time, alteration, or addition to the ter of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is ext ded by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Co tract, Surety's obligation
under this Performance and Payment Bond shall automatically increase i a like amount. Any such
increase shall not exceed twenty-five percent (25%) of the original am nt of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and co trued by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrgrhent in two (2) identical counterparts this
day of , 20
Principal
Signature of Authorized Official
By
Printed Name and Title
Name and address of local o/eofAgent and/or Surety Compa
drety
Signature of Authorized Official
By
Attorney in Fact (Attach Power of Attorney)
Surety companies e�*uting bonds must appear on the current Authorized Insurance List in the State of
Washington per SeXttion 1-02.7 of the Standard Specifications.
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011
2023 Stormwater Catch Basin & Pipe Maintenance
Rev. IBDR 4-2022
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF
)Ss.
COUNTY OF
On this day of , 20 , before me, the undersigned, a Notal
State of Washington, duly commissioned and sworn, personally appeared
to me known to be the (check one of the following boxes):
❑ of ,the
corporation,
C
partnership,
❑ individual,
of
the
ublic in and for the
that executed the foregoing instrument to be the free an voluntary act and deed of said ❑ corporation,
❑ partnership, ❑ individual for the uses and purpos therein mentioned, and on oath stated that they
are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixe the day and year first above written.
ated:
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
Notary/al with Ink Stamp I My Commission expires:
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
SURETY ACKNOWLEDGEMENT
STATE OF
)ss.
COUNTY OF
On this day of , 20 , before me, the undersigned, a N
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the of
corporation that executed the foregoing instrument, and acknowledged the said i strument to be the free
and voluntary act and deed of said corporation, for the uses and purposes ther 'n mentioned, and on oath
stated that they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year firstAove written.
Dated:
Print or4pe name
NOyARY PUBLIC,
iq and for the State of Washington
Residing at:
My Commission expires:
Notary Seal with Ink Stamp
ry Public in and
the
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND - WAIVED
(Note: Contractor will be required to provide a two-year warranty/maintenance bond effective at
project close out prior to either release of the performance bond or release of the 10% retainage.)
PROJECT #, PERMIT #,
CONTRACT #
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
PW2023-011
RE: Project Name: 2023 Stormwater Catch Basin & Pipe Maintenance
Owner/Developer/Contractor:
Project Address:
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, lawful 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)
B. The Principal and Surety agree that the work and improvements installed in the above -referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or
cessation of the state of the project or improvements as accepted by the City during the twenty-four (24)
month period after final and written acceptance, and includes, but is not limited to, repair or replacement of
defective workmanship, materials or installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City -owned real property on which improvements have been
installed, and shall leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace
the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety
shall:
Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond
amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual
costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the City's
sole election to enter onto said property described above for the purpose of repairing or
maintaining the improvements. This provision shall not be construed as creating an obligation
on the part of the City or its representatives to repair or maintain such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
securing the obligation hereunder. In the event of settlement or resolution of these issues prior to
the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be
considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be
recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above
said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The
Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue
of any litigation arising out of this bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this day of , 20_.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By: By
Its Its
Business Name: Business Name:
Business Address: Business Address:
City/State/Zip Code: City/State/Zip Code:
Telephone Number: Telephone Number:
CITY OF PORT ORCHARD
By: Date:
Its Public Works Director
CHECK FOR ATTACHED NOTARY SIGNATURE
Developer/Owner (Form P-1)
Surety Company (Form P-2)
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
FORM P-1 / NOTARY BLOCK
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged as the of
that they signed this instrument, on oath stated that they are
authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
FORM P-2 / NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that
appeared before me, and said person acknowledged as the
is the person who
of
that they signed this instrument, on oath stated that they are
authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance
DocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but
not limited to the following Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087
to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Olson Brothers Pro -Vac, LLC
Public Works Project No. PW2023-011 Rev. IBDR 4-2022
2023 Stormwater Catch Basin & Pipe Maintenance