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059-23 - Stellar J Corporation - ContractDocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 CONTRACT C059-23 CITY OF PORT ORCHARD MARINA PUMP STATION IMPROVEMENTS PUBLIC WORKS PROJECT NUMBER 2023-013 THIS CONTRACT ("Contract") is made and entered into this 8th day of August, 2023, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the "City," and Stellar J Corporation, hereinafter called the "Contractor." WITNESSETH: General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, Marina Pump Station Improvements. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated July 18, 2023, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on July 18, 2023, together with the Instructions to Bidders. Exhibit B —The Project Manual for the Marina Pump Station Improvements Project. Exhibit C — Retainage Options All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 1 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 450 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, 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 compliance with 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); Rev 1/29/18 by SEC Contract Documents Cily of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 2 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 • 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). Title VI of the Civil Rights Act of 1964 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 ensure 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 Contract, 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 Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, 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 Rev 1/29/18 by SEC Contract Documents Cily of Pori Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 3 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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 herein, including employment practices when this Contract 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 Contract 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 Contract, 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 Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, 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, 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. Rev 1/29/18 by SEC Contract Documents Crtp of Porl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 4 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 III. Public Records Act Chaster 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 they have 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. IV. Termination The City may terminate this contract for cause or for convenience. 1. 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. 2. 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. 3. 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. Rev 1/29/18 by SEC Contract Documents Crb, of Pori Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 5 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of Fourteen Million eight hundred eighty-seven thousand runehuhdred forty-&ntt and �Hm.ODollars ($ 14,887,944.28 ) with Liberty Mutual Insurance Company as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. VI. Independent Contractor. The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. 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. Rev 1/29/18 by SEC Contract Documents 00, of Pori Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 6 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Vill. Changes The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the 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 IX 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. IX. 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. Rev 1/29/18 by SEC Contract Documents Cilp of Porl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 7 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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; 1 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. 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). X. 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. Rev 1/29/18 by SEC Contract Documents City of Por! Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 8 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 XI. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. 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 acknowledge that they have mutually negotiated this waiver. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 9 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 XIII. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, 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, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement 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. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. 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. 2. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This 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 Rev 1/29/18 by SEC Contract Documents 01), of Pore Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 10 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $10,000,000 each occurrence, $10,000,000 general aggregate and a $10,000,000 products -completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. 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. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Rev 1/29/18 by SEC Contract Documents Cite of Poi•! Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 11 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 G. Verification of Coverage. 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. H. 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. XIV. 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. XV. 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 Rev 1/29/18 by SEC Contract Documents Cite of Porl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 12 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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 thi one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents ti) be V executed. CITY PO RTeORCHARD CONTRA 7449&4*21F@FS84�:_6b p4aa 4,SWJ. By: By: Robert Putaansuu, Mayor Jeff Title: President Address: 1363 Down River Drive Woodland, WA. 98674 Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 13 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 TFled by: Brandy Wallace, MMC, City Clerk =Pq��qnA.57 O FORM: Charlotte Archer, City Attorney NOTICES TO BE SENT TO: CONTRACTOR: NAME Stellar J Corporation ADDRESS 1363 Down River Drive Woodland. WA. 98674 TELEPHONE 360-225-4663 Email jeffcartsen@stellarj.com CITY Name: Robert Putaansuu, Mayor 216 Prospect Street, Port Orchard, WA 98366 TELEPHONE: 360 876-4407 EMAIL: Cityclerk@portorchardwa.gov With a copy to the City Clerk at the same address Rev 1/29/18 by SEC City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No SRF Project No. WQC-2019-PoOrPW-00025 Contract Documents PW2023-013, Contract C059-23 Page 14 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 EXHIBIT C 5% RETAINAGE INVESTMENT OPTION' Contractor: Stellar T Corporation Project Name: MARINA PUMP STATION IMPROVEMENTS Date: August 8th, 2023 Project Number: PW2023-013 Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: 71 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: F-1 2. Escrow/investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROW AGREEMNT. Preferred Bank: Securities/Bonds: ❑ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding M44ijrements. State law allows for limited early release of retainage in certain circumsta Stellar J is submitting a retainage bond Signature President Title ' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. Rev 1/29/18 by SEC Contract Documents Cr), of Poo Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 15 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 SAVING ACCOUNT AGREEMENT r �' ) ' TO BANK: BANK'S ADDRESS: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: PROJECT TITLE: SAVINGS ACCOUNT NO: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these Rev 1 /29/18 by SEC Contract Documents Cip, of Pori Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 16 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 instructions, or that there is any assignment of the interests of this agreement, or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. Contractor BY -,— Title: Date: Address: CITY OF PORT ORCHARD Agency BY: Date: The above savings account agreement and instruction received and accepted this ,20 Bank Name Authorized Bank Officer day of Rev ] /29/18 by SRC Contract Documents Cilp of Por! Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 17 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 TO BANK: BANK'S ADDRESS: ESCROW AGREEMENT ViC2119IPI1•L9l AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: PROJECT TITLE: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, Rev 1/29/18 by SEC Contract Documents Cily of Porl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 18 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 or the negotiation of the AGENCY'S warrants) except in accordance with written instructions from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. Rev 1/29/18 by SEC Contract Documents Cite of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 19 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. Stellar J Corporation CITY OF PORT ORCHARD Contractor Agency By: By: Title: Jeff Carlsen/President Date: Date: Address: 1363 Down River Drive, Woodland, WA. 98674 The above escrow agreement and instruction received and accepted this day of , 20 . Bank Name Authorized Bank Officer SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. Rev 1/29/18 by SEC Contract Documents City of Porl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 20 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MARINA PUMP STATION IMPROVEMENTS PROJECT PUBLIC WORKS PROJECT NO. PW2023-013 Bond to City of Port Orchard, Washington Bond No. 023227858 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 Fourteen Million Eight Hundred Eighty -Seven Thousand Nine Hundred Forty -Four and 28/100-- Dollars ($ 14,897,94428-- ), 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 August8, 2023 , between Principal and Owner for a project entitled ("Project") — Public Works Project No. 2023-013 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state 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; 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; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect Rev 1 /29/18 by SEC Contract Documents City ofPor! Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 21 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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. 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 1, day of J liy _, 20 23_ Stellar J L' Pri Signature 5f Authorized Official Printed Name and Title Name and address of local office of Agent and/or Surety Company: Liberty Mutual Insurance Company Surety (St ure of uthorize icial f,J �RPOR,. gn 1912 By Roger Kaltenbach p^CHy aP Attorney in Fact (Attach Power of Attorney) 38`' �a Seal No 5690 Parker Smith & Feek 2233 112th Avenue N.E. 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. Rev 1/29/18 by SEC Contract Documents City of Pori Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 22 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF V )Ss. COUNTYOF On this � day of �k202Z , before me, the undersigned, a Notary Public in and for the State of Wa hington, duly commissioned and sworn, personally appearedF to me known to be the (check one of the following box s): nn 1 � of t {Gt r J L X—Oo -ri �t OW , t h e corporation, C partnership, 0 individual, of the that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation, 0 partnership, 0 individual for the uses and purposes therein 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 first above written. L�Q- b,� Ai4,-� - Print or t e name S kt w�l wt ► rt,t-'�'o L'--ye f NOTARY PUBLIC, in and for the State of Washington Residing at \/ ooc� �a�cl My Commission expires: Notary Seal with Ink Stamp Rev 1/29/18 by SEC City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No SRF Project No. WQC-2019-PoOrPW-00025 Contract Documents PW2023-013, Contract C059-23 Page 23 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 SURETY ACKNOWLEDGEMENT STATE OF Washington } )SS. COUNTY OF King } On this 27th day of July , 2023 _, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Roger Kaltenbach to me known to be the Attomev-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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name Nicholas Fredrickson Notary Public State of Washington NICHOLAS FREDRICKS014 COMM. EXPIRES APRIL 20, 20 7 COMM. #205307 Notary Seal With Ink Stamp NOTARY PUBLIC, in and for the State of Washington Residing Bellevue, WA My Commission expires: 04/20/2027 Rev 1/29/18 by SEC Contract Documents City ofPorl Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 24 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 10� Liberty Mutual. SURETY 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 Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8210462-023001 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, Alec Gum fer, Andrew KeNlake. Andrew R Larsen, Deanna M French, Derek Sabo, Elizabeth R. I lahn, (Iuy Armriield, Jana M. Roy, John Clacys, Katel n Cau -r, Mindee L. Rankin, Nicholas Fredrickson, Roger Kaltenbach, Scott Fisher, Scott Garcia, Scott McGilvra , Susan B Larson of ncllevue, WA, Ronald J. Lan e. Charla M. Boodle Jennifer Barret of Spokane, WA. Charles W Floberg, Drew D Neesserr James I larnlin John M. Miller. Mason M Marks Michael S Cranston Nicholas Warrcn, William M. Smith, Gmigury C. Ryerson of Portland, OK Abbie A. Bonney,Sand L,. Boswell, Janie Ma, Mane t. Matmich, Sharon Pope,Brenda S. Nolin all of the city Of Anchorage state of AK each individually if there be more than one named, its true and lawful attorney -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 20th day of July , 2023 - rn N N c m @ State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company The Ohio lty Aer n q�P�aRPgjQa� y �GP�o 4P tRA O West American aInsurance nany Compace ny J �swn 1912 0 1919 1991 0 ys v d o ��gr�acxuge da �4 Mtn dL� �s '4'orAW, dad 877 * Sa dpl * �N 3M x t By. David M Carey, Assistant Secretary � 0) On this 20th day of July 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 5 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 Plymouth Meeting, Pennsylvania, on the day and year first above written. e2 M 0 4i pri yF �e commonwealth of Pennsylvania - Notary Seal do A 7 y2 Gp Teresa Pastella, Notary Public �) d, Montgomery County O CU My commission expires March 28, 2025 B C Co a Commission number 1126044 y• a),` YLVT�$ hWmtmr.?e moy vu w Association of Notaries are5a Pasfella, Notary PabIIC (D'gFf1' n C « 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 o •s Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: m 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 c 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 a m 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 attorney -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 attomeys-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 attorneys -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, recognizances 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,! have hereunto set my hand and affixed the seals of said Companies this 27th day of July , 2023 P4 114su PVTY INS& N IHsub a�`roR�r � q °scwi°9y �[iPGORrow,,4 ZC� °°m 1912 0 0 1919 � � 1991 lie, dx� �� H�wvs�'�dL� �S 'kolAxP db y Renee C. Llewellyn, Assistant Secretary LMS-12073 LMIC OCIC WAIC Multi Co 02121 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 RE CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND NOTE: This form must he completed at Contract Completion. Before the Performance Bond or the retainage can be released, the City must receive the two year Maintenance /Warranty Bond Project Name: Owner/Developer/Contractor: Project Address: Project #:PW2023-013 Surety Bond #: Date Posted: Expiration Date: 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% of the 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) Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 25 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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 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 leave the same in as good condition or better 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: 1. 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 1)(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. Rev 1/29/18 by SEC Contract Documents Cily of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 26 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 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 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 SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: 20 DEVELOPER/OWNER (Signature must be notarized) By: Its: Business Name: Business Address. City/State/Zip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) Rev 1/29/19 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 27 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON j ss. COUNTY OF j 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: Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-PoOrPW-00025 Page 28 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON } } ss. COUNTY OF } 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: Rev 1/29/18 by SEC Contract Documents City of Port Orchard Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project No. PW2023-013, Contract C059-23 SRF Project No. WQC-2019-POOrPW-00025 Page 29 of 38 DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 PROPOSAL CITY OF PORT ORCHARD MARINA PUMP STATION IMPROVEMENTS PROJECT NO. PW 2023-013 To: Mayor and City Council City of Port Orchard, Washington Contractor: Stellar J Corportaion State License No.: STELLJC045J9 Date: 07/18/2022 Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that they have carefully examined the Contract Documents for the construction of the project, that they have personally inspected the site, that they have satisfied themself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that they have exercised their own judgment regarding the interpretation, of subsurface information and have utilized all data, which they believe pertinent from City and other sources and have made such independent investigations as the Bidder deems necessary in arriving at their conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that they have 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 Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder 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. Contract Execution The Bidder agrees that if this Proposal is accepted, the bidder will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required bythe Contract Documents, and will, to the extent of the Proposal, furnish all machinery, tools, apparatus and other means of construction - Rev 29/18bySEC Marina Pump Station Improvements, Permit 4PW23-011, PiV23-012, Project 4PW2023-013 LD-14S SRFProjeciXo, WQC-2019-PoOYPW-00025 Conlract Documents Proposal 7 WrojecrslDaI.POIl1d•/16lSped/imNonslFrmrrEndsWOAfaroie PSProniEtidSpecs mid Cmilma-HD(/0684935.1).docz 10684935.1- 366922 - 0009 Page 30 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, they will meet with engineering personnel and complete the construction within 450 working days of the START DATE. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. r'•lru.�pyl� � — Marina Pump Station Improvements, Petmit #PW23-011, P6fr23-012, Project #PW2023-013 LD-1 SS SRFProjeciAfo. WQC-2019-PoOrPW-00025 Contract Documents Z: WrojecrslUafaW01118-116LSpecj/imllaislPrmnEndaV'D AJm•hm PS Front End Syacs mid Cai1rnct-HD(J0684935 1) door 10684935.1- 366922 - 0009 Page 31 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Addendum 1 SCHEDULE OF CONTRACT PRICES MARINA PUMP'STATION IMPROVEMENTS PROJECT PROJECT NO. PW2023-013 NOTE; Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, including all bid items as specifically listed in. the Proposal, in -order to be considered a responsive bid. Where conflict occurs between the unit price: and the total amount named for any items, the unit price typed or printed and entered in ink shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same'Contractor/bidder. Item No. Estimated 5P / STD Description of kem / Total Unit Price Total Amount Quantity Amount in Words Base Bid 1 Lump Sum DIV. 18 Mobilization, Demobilization, LS $ $ Site Preparation, and Cleanup (10% Max of Total) 1 IDDtWo,eb ?Gq cod),6b � ,�oand do) 0 r1 na zo4,* (Total Amount in Words) 2 Lump Sum DIV, 18 Type B'Progress Schedule LS $ dc,00a6b$ astDtYo. dD cal rla h u Cam: (Total Amount in Wordsl 3 Lump Sum DIV.18 Trench Safety and Shoring I LS O 0Wat:�' $ I O mbrcft) .it�a A ale I lwysaq _ (Tat nt in Words) KO CP-.4,ja 4 Lump Sum DIV, 18 Dewatering LS � (Total Amount in Words) 5 Lump -Sum DIV,18 Temporary Bypass Pumping LS $ ©� C- System L2n mnr � (Total Amount in Words) 6 Lump Sum DIV,18 Temporary Erosion and LS $ $ Sedimentation Control 251060.86 aslpoc� oU ► v,-4lr U-Y1A'J d d 11af5 &-A-d 146"-1a (Total Amount in Words) Rev 129/18 by SRC Adarina Pump ,Station Improvements, Permit UP.W23-011, PW23-012, Project #PW2023413 LD-16S SRFPrnject No. WQC-2019 Poo PW-00025 CoNtroct Documents Schedule ojCouh•act Prices• Z,.\Praltc1sWe1a11011 18-116kST)NAddmdam Mchedule of Conlnuri Pricer doax 10684935.1— 366922 — 0009 Page 32 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Addendum 1 Item No. Estimated SP / STD Description of Rem/ Total Unit Price Total Amount Quantity Amount In Words 7 Lump Sum DIV. 18 Earthwork LS $ $ to•oldjL='be Lu5[a,Dm.°e $ - j usa4J LAr5 e...4 kG ca#* (Total Am t In Words) 8 400 CY DIV. 18 Unscheduled Excavation t $ ICY WE f �tj da 1-lArs of ►�� (Total Amount in Words) 9 225 LF DIV. 18 12-inch Water Main LF $ $ 3R.F�.ao `17,00S On (Total Amount in Words) d fftLAf 5 10 235 LF DIV, 18 8-inch Water Main LF $Lry�l1Da�'�- pp (Total Amount in Words) 11 30 LF DIV. 18 6-inch Water Main LF $ ob 1 1,SU. ob - - t 1-rT�wa �i Ire �s (Total Amount in Words) - 12 7 EA DIV. 18 12-inch Gate Valves EA $ $ 3, 8-9t, Goo.W (Total Amount in Wo s) 13 1 EA DIV. 18 8-inch Gate Valves L�j€A $ $ 1► �)S.ob .��.°4 $ C9 vup "► y ll./ 1� � � _ ors tic a b� T (Total Am tin Wordsj Y)jj[Q l z5 yt�jo 14 Lump Sum DIV. 18 Site Work, Site Utilities, and LS $ $ Sewer Force Mains (Total *-#nun in Words) CL.4 na aoi-6 15 1,220 SF DIV. 18 Concrete Sidewalk including SF $ $ Curb 50 ,L� LP) D� $Sy+Li Cary 44-vab do) Q (Total Amount in Words) yi6 1 0rtif Rev 1129118EvSEC ATarina Pump Slalion Imp+•ovemenls, Permit 4PW23-011, PW23-012, Projecl #PW2023-013 LD-17S SRFProjeclNo. WQC-2019-PoOrPW-00025 Conh•aclDoconrenls Schedrde of Conh•acl Prices 7..:\ProjecWD3WP0,1It- I WSMAddmdum 11Schedule of Cv Incl Pr1cm dmx 10684935.1— 366922 — 0009 Page 33 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Addendum 1 Item No. Estimated SP / STD Description of Item / Total Unit Price Total Amount Quantity Amount In Words 16 100 CY DIV. 18 Concrete Plaza and Walkway CY $ (Total AmmAt in Words) r1D L_"_ �4 17 Lump Sum DIV. 18 Landscaping and Restoration LS $ UDDco $a&Dti (Total Amountin Words) &,00 Od Cy 18 Lump Sum DIV. 18 Structural — Below -Grade LS $ $ Emergency Storage Structure OCR (Total Amount in Words) yip �p�y5 19 Lump Sum DIV. 18 Structural - Pump Station LS $ $ `75c),boO.Db and Wetwell Improvements (Total Arriou t'n orris) kZ aw-lo 20 Lump Sum DIV. 18 Structural- Wetwell LS $ $ Rehabilitation (7G_ ]01 -i s, 000,ob ( otal Amount in Words) J[ 21 Lump Sum DIV. 18 Structural — Above -Grade LS $ $ 1 Multi -Use Facility 1L1^�] (Total Amount in Words) 22 Lump Sum DIV. 18 Structural - Valve Vault LS $5,L � $ .��+ pp [ $T( I sp Ve �J�Gf+ dw&ls (Total Amount I ords) &4 no 0-trf5 23 Lump Sum DIV. 18 Structural - Generator LS $ I 1M,� 1`i •� (Total Amount in s) 24 Lump Sum DIV, 18 Mechanical - Emergency LS $ $ �� Storage alm: $ oft na (Total Amount in Words) a-n, Rev 1129118 by SEC 'h'-ef��er�-C•�vz�nrd - — Matina Pump Station Improvements, Pei -mil #PW23-011, PW23-012, Pr°ojecl #P13,'2023-013 SRFPinjec1No. WQC-2019-PoOrPW-00025 Contract Documents 2:Wmjec4vlDala\P011 I3I 1 G15DA�P.JJmJum 1 \Schulu le of Conlmcl Vric + Jo�x 10684935.1— 366922 — 0009 ID-18S Schedule ofContraelPrices Page 34 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Addendum 1 Item No. Estimated SP / STD Description of Rem / Total Unit Price Total Amount Quantity Amount in Words 25 Lump Sum DIV. 18 Mechanical — Pump Station L5 0 p d (Total ount in Words) 26 Lump Sum DIV. 18 Mechanical —Above-Grade LS $ $ Multi -Use Facility (ojbl6co-6lj LO—sb i ,DD $ 5Y-) �a�tocu� G1011A/i� (Total *MW4 in Words) 042,4 yip 27 Lump Sum DIV. 18 Mechanical — Valve Vault LS p7j (Total Amount In o s) D'4 nz)czw�o 28 Lump Sum DIV. 18 Heating, Ventilation, and Air LS $ $ Conditioning � h � 3colom-ob �0 � ' 0-14 (Total Amount in Words) rb 29 Lump Sum DIV. 18 Existing Facility Demolition LS $DrD�30Q&50 cb O-yvm kJa�W&41G' 4atsQ— (Total Amount in Words) M_(� 30 Lump Sum DIV. 18 Control Structure Retrofit LS $ $ on s1lcOq°a (Total Amount in Words) 31 Lump Sum DIV. 18 Electrical L5 $ $ $LJ r ev i ►'�_ ._�_2GY�1 LAO L'4 it �L'G' ��1 44 (Total Amount in Words)douaiu 32 Lump Sum DIV. 18 Automatic Control LS� bOb 7 6b ooa off, $ 1 Lt�xs (Total nt n Words) 33 Lump Sum DIV. 18 Record Drawings and 0&M LS $ $ 5,000 Manuals $ Five Thousand Dollars (Total Amount in Words) Rev 1�911ShySEC Hhe MaHna Pump Station Improvements, Pe?mil 4PW23-011, PW23-012, Nojecl #PW2023-013 LD-19S SRFProjec1No. 97QC-2019-PoOPPW-00015 Conh,act Documents Schedule of Con h•act Prices 7,V'rujcd %0m1a1P011 1& 116\9DBViddmdum 11Schcdulc or Conlrrwl Prins docx 10684935.1— 366922 — 0009 Page 35 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 Addendum 1 Item No. Estimated SP / STD Description of Item / Total Unit Price Total Amount Quantity Amount In'Words 34 Force DIV.18 Minor Change DOL5 5100,000 Account $ One Hundred Thousand Dollars (Total Amount in Words) Total Base Bid $ Tax 9.3% $ `7 TOTAL BID ,14100 $ 1 7 9q j ';)2' SALES TAX 31 VC Retailing/Retail Sales Tax Rule WAC 458-20-170: Washington State Retail sales tax added as percent ( ) In addition to contract bid price; sales tax shown. as separate line Item. Rev 11291/8 by SSC Marina Pump Sia&oun Improvemenis, Permit #PW23-011, PN123-012, Project #PW2023-013 LD-20S SRFPrnjecrNo. WQC-2019-PoOPPW-00025 CotthwfDocinnents Schedide of Conh'acl Piices 7.'ProjegtslDnmll'D1119-11615UHWdJrndum 11Schedule of Cmtmct Prices doer 10684935.1-366922 — 0009 Page 36 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 STATE OF Woodland )ss. COUNTY OF Cowlitz I certify that I know or have satisfactory evidence that Jeff Carlsen signed this proposal, on oath stated that they are authorized to execute the proposal and acknowledged it as the _ President (title) Of Stellar J Corporation (name of party on behalf of whom proposal was executed) and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this proposal. Dated this 18 day of July Rev 1129118 6y SEC 2023 Notary Public Sheryl M Trumbower Printed Name My Commission Expires: July 28, 2026 Marina Pump Station Improvements, Permit #PW23-011, PW23-012, Project #PW2023-013 LD-22S SRFProjecl Nu. WQC-2019 PaOrPW-0002S Contract Docnntents Z: V'rojectsV)araV'0UJ8-116 LSpecJflrn(Wsft)o;1EndsV10 UarSie PS Front End Specs aid Cailwcl.HD(J068d933.1).docs 10684935.1- 366922 - 0009 Page 37 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal DocuSign Envelope ID: 39434DBD-D787-4DB3-ADCE-43A9F102A577 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD MARINA PUMP STATION IMPROVEMENTS PUBLIC WORKS PROJECT NO. PW 2023-013 07/06/2023 2 07/13/2023 Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that they have reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the Bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing isptrge and correct." Printed Name and Title: Jeff Carlsen Date: 07/18/2023 Location or Place Executed (City, State): Woodland, Washington Business Address: Business Telephone: 1363 Down River Drive Woodland, WA 98679 1 360-225-7996 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Rev 1129118 6r SEC l'rnmj-�nli C3rrhrrrd• Marina Pump Station Improvements, Permit #PW23-011, Phi"23-012, Project #PW2023-013 LD-21S SRPProjec[No. WQC-20J9-Po0rPW-00025 Contract Dounments Schedide ofContwct Prices 2: Ends VPO Marhm PS Prom End Specs mtd CmInmci-ND(10684933.1).dacx 10684935.1- 366922 - 0009 Page 38 of 38 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal