018-24 - PumpTech, LLC - ContractDocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C
at:
and
CITY OF PORT ORCHARD SMALL WORKS OVER S35K
CONSTRUCTION CONTRACT NO. 018-24
PUBLIC WORKS PROJECT NO. PW2024-002
THIS Agreement is made effective as of the 23rd day of January, 2024, 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
PumpTech, LLC ("CONTRACTOR"), a Washington Limited liability company located at:
12020 SE 32nd Street, Suite 2
Bellevue, WA 98005
Contact: Jim Joyce Phone: 425-644-8501 Email: jjoyce@pumptechnw.com
for the following Project:
Tremont Place Lift Station Repairs ("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 Pump Tech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
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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
January 23, 2024. The Contractor shall substantially complete the Work not later than June 30,
2024, 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 $62,027.75 (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 PumpTech, LLC
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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
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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.
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. 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.
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
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 4 of 30
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The provisions of this section shall survive the expiration or termination of this agreement.
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 PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift station Repairs Page 5 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
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
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DocuSigned by:
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Robert Putaansuu, Mayor By. Grace Yi
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ATTEST/AUTHENTICATE:
DocuSigned by:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Charlotte A. Archer, City Attorney
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs
Page 6 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Doug Staab (Corporate Officer (Not Contract Signer)) certify that
I am the President (Corporate Title) of the corporation named as
the Contractor in the Agreement attached hereto; that Grace Yi , (Contract
Signer) who signed said Agreement on behalf of the Contractor, was then HR Director
(Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said
corporation by authority of its governing body, and is within the scope of its corporate powers.
Corporate Seal ):?77, 5t )
Corp. officer signatureornot contract signer)
Doug Staab
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(corporate officer (not contract signer)) being duly sworn,
deposes a9d says that he/she is P��.��c�► (Corporate Title) of
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City of Pon Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 7 of 30
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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 PumpTech, LLC
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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 httpljwww.Ini.wa.povlTradesLicensing/PrevWaee/Wage RatesldefauIt.aso 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
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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.
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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 PumpTech, LLC
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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 PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
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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 PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 13 of 30
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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 031185 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
3710 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
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
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responsibility of the Contractor. The Builders Risk insurance shall be maintained until final
acceptance of the work by the City.
■ Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each
employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations
aggregate limit.
Builders Risk insurance shall be written in the amount of the completed value of the project with
no coinsurance provisions.
■ 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.
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift station Repairs Page 15 of 30
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Waiver of Subro ation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -
subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered
by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements
Section of the Contract or other property insurance applicable to the work. The Contractor's insurance
shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance
pool coverage maintained by the City. The City will not waive its right to subrogation against the
Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its
right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
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 3710 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 PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 16 of 30
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $15a�000 DR LESS —RCW 39.0$.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: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a
warranty/maintenance bond effective at project close out prior to either release of the performance bond
or release of the 10% retainage.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
2. In addition, the Contractor elects to (select one):
x (1) Furnish a performance bond in the amount of the total contract sum. An executed
performance bond on the required form is included with the executed contract documents.
(2) Have the City retain, in lieu of the performance and payment bonds, 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.
Contractor Signature
Date 1-22-2024
Bond No.
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 17 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
ISSUED IN DUPLICATE
We, PumpTech, LLC
(Principal)
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
TREMONT PLACE LIFT STATION REPAIRS
PUBLIC WORKS PROJECT NO. PW2024-002
Bond to City of Port Orchard, Washington
Bond No. 800163748
and Atlantic Specialty Insurance Com an
(Surety)
a New York 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
Si Two Thousand Twenty -Seven Dollars & 75/100 Dollars ($_62,027.75
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure
the performance of Principal in connection with a contract dated Janus 23 20 2$ ,between Principal
and Owner for a project entitled TREMONT PLACE LIFT STATION REPAIRS Project No. EW2024-002
("Project"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as
specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal, Its heirs, executors, administrators, successors, or assigns:
■ 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 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.
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-W2 Rev. IBDR 42022
Tremont Place Lift Station Repairs Page 18 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection
with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit
is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the performance Bond. Surety
hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such
increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument In two (2) identical counterparts this
23rd day of January , 20 24 .
PumpTech, LLC
Principal
AW
Signature of Authorized Official
Atlantic Specialty Insurance Company
Surety— - qALt, � %
R � 4"JV( d `.,
Signature of Authorized Official
BY GEace Yi. HR Director By Erin Brown, Attomey-In-Fact
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Atlantic Specialty Insurance Company
Name and address of local office of 605 Highway 169 North, Suite 800,
Agent and/or Surety Company:
Plymouth, MN 55441
�yq Y INSIi
44'�'t�pRPORgpF
N SEAL
4'ra I' it y,N
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lft Station Repairs Page 19 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF WA
)55.
COUNTY OF'SOD
���
On this 18 day of 20 24 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared
to me known to be the (check one of the following boxes):
of PumnTizrh, 1 1 C the
corporation,
❑ _ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said, corporation,
❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑
he SZshe was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
Cfty of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002
Tremont Place Lift Station Repofrs
r'l II IL NI LyIJC trdtfic
NOTARY PUBLIC,
in and for the State of Washington
Residingat:_
My Commission expires.
Rev. IBDR 4-2022
Page 20 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
SURETY ACKNOWLEDGEMENT
STATE OF Arizona }
)ss.
COUNTY OF Maricopa )
On this 23rd day of January 11 20 24, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Erin Brown
to me known to be the Attorney -In -Fact of Atlantic Specialty 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 ❑ he Q she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
r JAREN A MARX
Notary Public - Arizona
Maricopa County
" My Commisslon Expires
. ~ February 19, 2Q24
Commisslon # 581539
Notary Seal with Ink Stamp
Dated: January 23, 2024
Jaren A. Maou
Print or type name
NOTARY PUBLIC,
in and for the State OfM&W49tIaW Arizona
Residing at: Phoenix, Arizona
My Commission expires: 2/19/2024
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs
Page 21 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(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 MPA retainage.)
PROJECT #, PERMIT #, PW2024-002
CONTRACT #
SURETY BOND #: 800163748
DATE POSTED:
EXPIRATION DATE:
RE: Project Name: Tremont Place Lift Station Repairs
Owner/Developer/Contractor: PumpTech, LLC
Project Address:
KNOW ALL PERSDNS l3Y Tl iESE PR# SENTS: That we, Pum11 e P LLC (hereinafter tailed the
"Principal"), and Atlantic Specialty Insurance Company, a corporation organized under the laws of the State of NY
. 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 _
Sixty Two Thousand Twenty -Seven Dollars & 751100 dollars ($ 62,027.75 } 20g6 Total Contract
Amount, lawful money of the United States of America, for the payment of which surd 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)
Public Works Project No. PW2024-002 Tremont Place Lift Stations Repairs
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 Part Orchard and PumpTech LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 22 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
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:
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.
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 PumpTech, LLC
Public Works Project No. Pw2o24-ow Rev, IBDR 4-2022
Tremont Place Lift Station Repairs
Page 23 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
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 onlyfrom 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. nand Ex iration. 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 23rd day of January . 2024.
SURETY COMPANY DEVELOPER/OWNER
Atlantic Specialty Insurance Company PumpTech, LLC
(Signature must be notarized) �,,, " (Signature must be notarized)
By: ion By
its Erin Brown, Attorney -In -Fact Its Grace Yi. MR DireCtor
Business Name: Atlantic Specialty Insurenoe Company
Business Address: sus ias Nofth Stgss 8W
City/State/Zip Code: Plymouth, MN 55441
Telephone Number: 952-852-2431
CITY OF PORT ORCHARD
By:
Its Public Works Director
Business Name: PumpTech, LLC
Business Address: 12020 BE 32nd Street, Suite 2
City/State/Zip Code: Bellevue, WA 98005
Telephone Number: 425-644-8501
Date:
CHECK FOR ATTACHED NOTARY SIGNATURE
Developer/Owner (Form P-1)
Surety Company (Form P-2)
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repoirs
Page 24 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
FORM P-1 / NOTARY BLOCK
(Developer/Owner)
STATE OF WASHINGTON )
SS.
COUNTYOFx,���� )
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 (he/she) signed this instrument, on oath stated that (he/she)
was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated: V,
-,-Stints {
LQ 1
-�•-� w (print or type name)
4
NOTARY PUBLIC in and for the
F WAS �� . State of Washington, residing
C'
My Commission expires: V
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-oo2 Rev. IBDR 4-2022
Tremont Place LhStation Repairs Page 25 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
FORM P 2 / NOTARY BLOCK
(Surety Company)
STATE OFXVKXXtPW ARIZONA )
) ss.
COUNTY OF MARICOPA )
I certify that I know or have satisfactory evidence that Erin Brawn is the person who
appeared before me, and said person acknowledged as the Attomey-In-Fact of
Atlantic Specialty Insurance Company that (he/she) signed this instrument, on oath stated that (he/she)
was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the
uses and purposes mentioned In the instrument.
JARBN A MAM
„ Y Notary co fa - Arizona
Martcappa County
My Commission Egres
February 19, 2024
Commission # 681539
Dated: January 23, 2024
a-. kta,
Jaren A. Marx
(print or type name)
NOTARY=qRd for the
residing
at: Phoenix, Arizona
My Commission expires: 2/19/2024
City of Port Orchard and PumpTech, LLC
Public Works Project No. PW2024-002 Rev. I BDR 4-2022
Tremont Place L&Statlon Repairs Page 26 of 30
DocuSign Envelope ID: F3084lC9-94AE-4B61-8133-D9FF4BF7AF5C
I
i0
htact
INSURANCE I
;fa>
KNOW ALL MEN DY'nJESE PRLSENTS, that XfLAN'TIC SPECIALTY INSURANCE COMPANY, a New York corporatlon with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: 'Timothy J. Noonan, Janina Renee Beaudry, Michelle Haase, Jennifer Ochs, Charles R. Teter, III, D. Garcia, Erin
Brown, B. Aleman, Edward C. Spector, Simone Gerhard, Marina Tapia, Ethan Spector, I{D Wapato, Sarah Campbell, Shawndrae N Johnston, Sandra
Corona, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to snake, execute, seal and deliver, for and on Its behalf as surety, any and all
bonds, recognizances, contracts of indunnity, and all other writings obligatory In die nature thereof; provided that no bond or undertaking executed under this authority shall
exceed in amount the sum of: uldimlted and the execution of such bonds, rerognirances, contracts of indemnity, and all other writings obligatory In the nature thereof in
pursuance of these presents, shalt be as bindIng upon said Company as if they had been fully slgned by an authorszed Officer of rile Company and sealed wlth the Company seal,
TIiis Power of Attorney Is made and executed by authority or the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE
COMPANY an tine twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Aullinifzed Officer') may execute forand in behalf of the Company any and
all bonds, recngnfzances, contracts of Indemnity, and all other writings obligatory In the nature thereof, and affix the seal of the Company dtemto; and that the
Aulltorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney-ln-Fact and revoke all power and authority given to any such Attorneydn-
Fact.
Resolved: That the Attorney- In•Fact may be given full power and authority to execute for and in the name and an behalf of the Company any and all bonds,
reccgnixannes, contracts of Indemnity, and all outer wrltings abilgatory In the nature thereof, and any such instrument executed by ally such Attomey-in-Fact shah he m binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is Iterehy autbarimd to verify any affidavit
requlred to be attached to bonds, mcognizances, contr cts of lnderrurity, and all oilier writings obligatory In rite nature thereof.
This power of attorney is signed and sealed by facsi ilie under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE: COMPANY on the twenty-fIfit' day of September; 2012:
Resolved; 'fiat the signature of an Authorized Officer, the signature of the Secretary a the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertakirig rem9nixance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adapted by the Company
as the original signature of such officer and the original seal of the Company, to he valid and blriding upon die Company with the same fame and effect as though
manually affixed.
IN WITNESS WIfMOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty -Seventh day of April, 2020.
fly` Gp(IPOfiftF.�1-�
y SEAL in
STATE OF M114MOTA -A 441W �� �
Y
By
HENNEPIN COUNTY �a��Y �y`�
�'NNN, IMNM�
Paul J. Brehm, Senior Vice President
On this twenty-sevendi day of April, 2020, before me persoitafly came Paul J. Brehm, Senior Vice president of KrLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the Individual and of [leer described in and who executed the preceding instrument. and he acknowledged die execution of the some, and being by me
duly sworn, that he Is the sald officer of the Company aforesaid, and that the seal affixed to the preceding fnsinument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said inti m meet by the authority and at the direction of the Company.
AU=-#Alft
-ROUT
lv vE S OrnMyxpires25
Notary Public
I, the undersigned, Secretary of A'IT-AN'rfC SPECIALTY INSURANCC COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not be n jcvuked, and ncc lvsuluttons set farui nbove dtt: now In tolce.
[l Signed and sealed. Dated_ i ere day of January 20,24
,ALKY lArpT q�
�0*,1fadRgtF'�
Il SEAL m
This Power of Attorney expires -4
January 31, 2025 ar Giy vat" �a
ay� Nnr�wn�t►
Kara Barrow, Secretary
Please direct bond verifications to SuretyCoflnl<•tct;ttanrnuue,�r,rn
DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C
AMENDED
No. 2135
Certificate of Authority
STATE OF WASBINGTON
INSURANCE CONWSSIONER
OLYMPU
THIS ISM CERTIFY, That
ATLANTIC SPECIALTY INSURANCE COMPANY
New York, New York
organized under the laws of NEW PORK presented satisfactory evidence of compliance with
the Insurance Cade of the State of Washington and is therefore granted this Certificate of
Authority, authorizing the company, subject to all provisions of this Certificate, to transact
the following classes of insurance:
Disability
Property
Marine & Transportation
Vehicle
General Casualty
Surety
Ocean Marine & Foreign Trade
as such classes are now or may hereafter be defined in the Revised Code of Washington.
THIS CERTIFICATE is expressly conditioned upon the holder being and remaining
in full compliance with, and not in violation of, all of the applicable laws and lawful
requirements made under authority of the laws of the State of Washington.
THIS CERTIFICATE will be automatically revoked upon failure to annually apply
for renewal or pay the statutoryfee for renewal.
THIS CERTIFICATE IS NOT TRANSFERABLE WITHOUT THE PRIOR WRITTEN
CONSENT OF THE COMMISSIONER.
IN WITNESS WHEREOF, effective as of the loth day
of November, 2000, I have hereunto set my hand
and caused my official seal to be fixed this 23rd day of
June, 20m
Mike Kreidler
lnsarona GbrtenissPmr
By
Acdm Deputy lnsuruce Cbmmissfoner
Added DitebAlty.
DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C
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 PumpTech, LLC
Public Works Project No. PW2024-002 Rev. IBDR 4-2022
Tremont Place Lift Station Repairs Page 27 of 30
DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C
PumpTech, LLC
Page: 1
12020 SE 32ND Street Suite 2
Bellevue, WA 98005
Phone: 5 501
Fax: 425-562-9262-9213
74
LLC
jjoyce@pumptechnw.com
Sales Quotation
Customer#: 0123600
TO:
Salesperson: Jim Joyce / Kenny Sluis
Quote #:
0180029-B
Mike DeLine
Lead Time: 6 to 8 Weeks
Date:
1/15/2024
Port Orchard, City of
FOB: FOB ORIGIN - FFA
Expires:
2/14/2024
""""Email invoice:
Ship Via: PUMPTECH TRUCK
ap@cityofportorchard.us
Port Orchard, WA 98366
Project Name: Port Orchard Tremont PI
Lift Station Upgrades
Phone: (360) 536-8330
Item
Price My
Extend
PumpTech is pleased to offer for your consideration the
0.00
0.00
following pumps and related equipment and services for
upgrading the pumps in the Tremont PI Lift Station:
Grundfos Pumps
Grundfos Submersible Vortex Pump Model
0.00 2.00
0.00
S LV.30. A30.18. E X.4.60J . C
- 60 gpm @ 26.73' Head, 29.13% Efficiency
- Cast Iron Pump Housing and Impeller
- 3" ANSI Discharge
- 208-230V/3ph/60Hz 180ORPM Motor, 1.8HP
- 49.21' Cable Length
- Pump Moisture and overtemp relay (TO BE INSTALLED IN
EXISTING PANEL BY OTHERS)
Guide Rail Assembly
- 3" Cast Iron Base Elbow
- 3" Cast Iron Guide Claw
- 3" SST Intermediate Guide Rail Bracket
- 2", Sch40, 304SS Guide Rail Pipe
- 3/16" Chain, 304SS and 1/4" Fasteners
Discharge Pump Piping Vertical Discharge Piping Including: 0.00 1.00 0.00
- (2) ea. 3" x 8' Ductile Iron Pipe, Flanged x Plain End
- (2) ea. 3" Flanged DI Elbow
- (2) ea. 3/4" SS ball valves
- (2) ea. 3" Flanged check valve
- (2) ea. 3" Flanged isolation valve
- (2) ea. RFCA Restrained Flanged Coupling Adapter, B&N
SBR Gasket
- (8) ea. 3" SS Bolt and Nut Kit
- (8) ea. 3" 1/8" Full Face Rubber Gasket
Continued
Page 28 of 30
DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C
urn
LLB
TO:
Mike DeLine
Port Orchard, City of
****************Email invoice:
ap@cityofportorchard.us
Port Orchard, WA 98366
Phone: (360) 536-8330
PumpTech, LLC Page: 2
12020 SE 32ND Street Suite 2
Bellevue, WA 98005
Phone: 425-644-8501
Fax: 425-562-9213
hoyce@pumptechnw,com
Customer#: 0123600
Salesperson: Jim Joyce / Kenny Sluis Quote #:
Lead Time: 6 to 8 Weeks Date:
FOB: FOB ORIGIN - FFA Expires:
Ship Via: PUMPTECH TRUCK
Project Name: Port Orchard Tremont PI Lift Station Upgrades
Sales Quotation
0180029-B
1/15/2024
2/14/2024
Item
Price
Qty Extend
Small Boom Truck Small Boom Truck
0.00
1.00 0.00
Field Mechanical Labor Field Labor to remove old pumps and failed piping and install
0.00
1.00 0.00
new pumps, piping and related equipment.
Electrical Modify exiting conduit from wetwell into existing control panel
0.00
1.00 0.00
and upgrade to code, per discussion with Mike DeLine.
Startup (1) Day Standard Startup Services
0.00
1.00 0.00
Total Grundfos Pump Total for Grundfos Pump Option
56,750.00
1.00 56,750.00
Option
NOTICE: ONGOING GLOBAL AND DOMESTIC SUPPLY INSTABILITIES
Due to the global supply chain disruptions. and material shortages, PumpTech, LLC is unable to guarantee any current or previously quoted
lead times. We always work vigorously to fuUll all orders as quickly as possible. Due to the continuous and ongoing global holght and material
price Increases, we are strictly following our Quotation Validity Time of 30 days from the date or the quote We are doing our best to contain both
costs and shipment dates.
Estimated lead times are subject to prior sate, availability and current shop loads. Lead times will be determined, per order, at the time or
receipt or order acknowledgment from our suppliers Once we have received acknowledgment, we will alert you to the current lead time Where
applicable, lead limes will not begin until., internal engineering review and approval, 100% signed of approved submittals, and signed o8
drawings and/or contract approval. Freight Is not Included in this quote, unless specifically stated. PumpTech. LLC will not accept any penalties
or LD's for any delays caused by COVID-19, material shortages, supply chain issues, or hansporlation delays.
SubTotal
56,750.00
The above order Is subject to Pumptech, LLC's standard terms and conditions and credit approval which are
attached and made part of this agreement. We appreciate your interest in our products and services and if
you have any uest %,ogn�4rb$, erings please do not hesitate to call.
By signature below, I accept this offering:
96b P 4"GtA�SU.IA.
Sales Tax:
5,277.75
Signed: t3a aa95aa7n
Total - ChecMaeh:
62,027.75
Rob Putaansuu Mayor
Name: Title:
Total - Card:
64,043.65
Page 29 of 30
DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5CC
STANDARD TERMS AND CONDITIONS
FORMATION OF CONTRACT: These standard lerms and condltlons of sale ('Term@ and Condlllons') together with the sales covenants, the general spec40rallons, the technical specfications, and any addendum
thereto, Including any acknowledgement by PUMPTECH, LLC, comprise the "Proposal" or'Sales Quotation' (collectively the "Quotation'), which upon acceptance by Purchaser become the 'Agreement! Subject to
prior credit approval by PUMPTECH, LLC (see 'Credit Approval and Payment Terms" section below), Purchaser may accept the Quotation through: (1) delivering a purchase order (het Incorporates the Quotation by
reference and payment of the Initial deposit; (11) other written Indication by Purchaser of Its acceptance of the Quotation along with payment of [he Initial deposit; (III) delivering a purchase order or other written
Indication by Purchaser of Its acceptance of the Quotation and agreement by both parties on a standard progress payment plan that does not require an Initial deposit (we'CredilApproval and Payment Terme"
section below); or (Iv) receipt by Purchaser of PUMPTECH, LLC's acknowledgement without notice of rejection. The effective dale of the Agreement shell be the date that PUMPTECH, LLC communicates to
Purchaser via PUMPTECH, LLC's acknowledgement, In writing. PUMPTECH, LLC'@ obligations under the Quotation or the Agreement shell not commence until the affective dale. The scope of work for the
Agreement Is limited to the equipment, machinery, goods, engineering services (If applicable) and/or related commissioning services (If applicable) specifically set forth In the Agreement ('Equipment'). The scope of
work does not include Installation or any on -site services unless specifically Identified as being Included In the price in the Agreement. Any terms and conditions contained In any purchase order, plans and
specifications, correspondence, or accompanying payment for delivery of the Equipment, which are different from or In addition to the Terms and Conditions herein, shall not be binding on PUMPTECH, LLC, whether
or not they would materially alter the Agreement, and PUMPTECH, LLC hereby objects to and rejects the some unless such tame and condltlons are delivered to PUMPTECH, LLC prior to Quotation and referenced
In the Quotation.
gR DIT APPROVAL AND PAYMENT TERMS: Credit approval is required by PUMPTECH. LLC prior to release of order to manufacturer; however, submittal may begin at the time of receipt of purchase order.
PUMPTECH, LLC's payment terms are net thirty (30) days from invoice date. In some circumstances PUMPTECH. LLC may require progress payments. Progress payments are due and payable upon receipt of
Invoice, PUMPTECH, LLC's 'Standard Progress Payment Plan" Is defined as a payment plan that Includes the following terms In the purchase order or the Agreement: let: fifteen percent (15%) upon receipt of
approved drawings; 2nd: thirty percent (30%) upon order of major components; 3rd; twenty percent (20%) upon recalpt of major components at PUMPTECH, LLC's facility; 41h; thirty percent (30%) upon shipment; and
5th: five percent (5%) on start-up. If not Included within the Quotation, all applicable federal, state and local taxes will be added to each Invoice. Time Is of the essence with respect to all payments. Payments that
are outstanding more than ten (10) days from their respective due dale shall beer an Interest rate of one and one-half percent (1.5%) per month (eighteen percent (18%) annually) until fully paid, Including any Interest
accruing thereon. If PUMPTECH, LLC chooses to turn any past-dua balances over to a collection agency, Purchaser agrees to pay cools of the collection to the extent that Is allowed by low for commercial accounts.
CHANGE ORDERS: Changes to the design, specifications, scope of supply, delivery schedule, Equipment demonstration site or dale, shipping Instructions of the Equipment, or any materiel term of the Agreement,
may only be made upon execution by Purchaser and PUMPTECH, LLC In writing ("Change Order'). Such Change Order shall slate the perfies agreement on (1) change In the specifications, designs, scope of work,
delivery schedule or shipping Instructions for the Equipment, (II) an adjustment to the purchase price, and (ill) an adjustment In the date of shipment of the Equipment endlor the period of performance. Both parties
agree and acknowledge that unless a Change Order Is agreed upon In writing by both parties, the Agreement shall not be modified In any manner. In addition, PUMPTECH, LLC has the right to suspend performance
of its obligations hereunder without liability during the period while the change Is being evaluated and negotiated. In the event Purchaser has communicated proposed changes to PUMPTECH, LLC, PUMPTECH,
LLC, at Its sale discretion, shell either: (a) accept the Change Order, (b) reject the Change Order and continue performance under the existing Agreement; or (c) cancel the Agreement. In the event that PUMPTECH,
LLC elects (b) above, Purchaser &hag either (1) agree to continued performance by PUMPTECH, LLC pursuant to the Agreement or (11) cancel the Agreement In the event of (bail), Purchaser shall pay PUMPTECH,
LLC for all amounts then due and owing under the Agreement plus all Incurred costs not yet billed (e.g., labor and materials) plus fineen percent (15%) for profit on all Incurred costs not yet billed.
SHIPMENT: Estimated shipment from manufacturer can proceed as quoted after receipt of approved submittals and purchase order. Although PUMPTECH, LLC shell use commercially reasonable efforts to have the
Equipment delivered within the time estimated, any quoted shipment time is based on Information from suppliers and Is not Intended to be an exact dale or a guarantee. Any late delivery charges due to shlpment
beyond the estimated schedule will not be accepted.
WARRANTY: The only warranty/guarantee Implied or applied to (his Agreement are [hose as put forth by the original manufacturer. New equipment manufactured by PUMPTECH, LLC ere warranted to be free from
defects in material and workmanship for a period of one (1) year from the dale of shipment (ninety (SO) days for repaired equipment) provided [hat the Purchaser has timely made all payments due under the
Agreement and the product Is properly Installed, serviced, and operated under normal conditions. If within one (1) year of Installation PUMPTECH, LLC receives written notice from Purchaser of defective materiel or
workmanship with respect to Equipment, PUMPTECH, LLC'a sole obligation shall be, at PUMPTECH INC.'s option, either to (1) repair the Equipment, (11) replace the Equipment, or (III) refund the amount paid by
Purchaser. PUMPTECH, LLC shall have no other obllgetlon or liability whatsoever with respect to any defective maleriel(s) or service. Materials to be replaced or Items for which services are to be re -performed shell
be shipped by Purchaser to, PUMPTECH, LLC's shop in Bellevue, Washington or to such location as PUMPTECH. LLC may designate Purchaser Is responsible for prepayment of freight and Insurance of such
shipment. Purchaser shag provide returned Items to PUMPTECH, LLC In such a slate that PUMPTECH. LLC may Inspect the Item Immediately upon PUMPTECH, LLC's recelpl thereof If found to be defective,
PUMPTECH, LLC will prepay all freight and Insurance coals of the return shipment of the repaired or replaced Item. Any repaired or replaced Items shell be warranted only for the remaining period of the original
warranty. Expedited repairs are subject to expedlling fees. Products Inspected and proven to be non -defective are subject to service charges and will be returned to Purchaser el Purchaser's expense.
THIS AGREEMENT DOES NOT GRANT ANY OTHER WARRANTY OR GUARANTEE OR MAKE ANY REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF TRADE, THE RIGHTS AND REMEDIES PROVIDED
HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS OR REMEDIES THIS WARRANTY SHALL NOT BE VALID IF THE ITEMS THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT HAVE
BEEN SUBJECTED TO ABUSE, MISUSE, ACCIDENT, ALTERATION, MODIFICATION, NEGLECT, UNAUTHORIZED REPAIR, OR EXPOSURE TO CONDITIONS BEYOND THE APPLICABLE ENVIRONMENT,
THIS WARRANTY SHALL ALSO BE VOID IF THE ITEMS ARE ASSIGNED, SOLD OR TRANSFERRED TO AN ENTITY OTHER THAN PURCHASER.
�AMi TATlOti OF LiAOu.1Tr PUMPTECH, LLC's liability on any claim of any kind (excluding bodily Injury or death) whether based on contract, warranty, tort (including negligence), strict liability or otherwise, for any
loss or damage arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from ell services and Equipment covered by or furnished under this Agreement, shall In
no tees exceed the price of the specific service or Equipment which gives flee to the claim.
PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT IN NO EVENT WILL PUMPTECH, LLC BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED. INCLUDING, BUT NOT LIMITED TO, THOSE FOR LABOR, EXPENSES, LOSS OF PROFITS OR REVENUE, LOST OPPORTUNITIES, OR SIMILAR DAMAGES OF ANY KIND,
INDEMNIFICATION: Purchaser agrees to defend, indemnify and hold harmless PUMPTECH. LLC and Its respective affiliates, officers, directors, employees, shareholders and agents from and against ell losses,
costs, expenses, damages, suits or liability of any nature Incurred In whole or In part as a result of the conduct, negligence, or willful misconduct of Purchaser, Its agents, servants, employees or customers or caused
by Purchasers property or property under the responsibility of Purchaser.
DISPUTE RESOLUTION: All claims, disputes or controversies (whether In contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-exlsling, present or future) arising out of or relating to
PUMPTECH, LLC's services and/or these Terms and Conditions (collectively 'Claims") will be resolved, first, by a formal mediation conducted by an experienced mediator mutually agreed upon by PUMPTECH, LLC
and Purchaser, and, If mediation should fail to resolve the Claims, secondly, by reference to and determination by binding arbitration governed by the Federel Arbitration Act and administered by the American
Arbitration Association under Its rules for resolution of disputes, or under other mutually agreed procedures. The parties agree that any arbitration proceeding shaft be presided over by a neutral arbitrator selected by
the perties who shell have at least twenty (20) years of experience practicing law related to sales contract disputes. Any such proceedings under mediation or arbitration shall be conducted In Seattle, Washington.
This provision shall survive the termination of the Agreement governed by these Terms and Conditions
HOICE OF LAW: This Agreement shall be construed In accordance with the laws of the Stele of Washington.
ATTORNEY FEES: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce Its rights under this Agreement (whether In contract, tort, or both) or seeks a declaration of any rights or
obligations under this Agreement, the prevailing party shall be awarded Its reasonable attorney fees, and costs and expenses incurred.
0EMPGRAMPtApnis Agreement merges all prior discussions, whether written or oral, and Is the entire understanding and agreement of the parties; neither party shell be bound by additional or other
epr a tetio a, ndltions, or promisee except as subs uently set forth In writing and signed by the party to be bound.
�t MA&SWA, Rod Putaansuu Mayor 1/24/2024
(Purchaser's signature) Printed Name & Title (Date)
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