029-24 - Miles Resources, LLC - ContractDocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
CONTRACT
CITY OF PORT ORCHARD
POTTERY AVE NON -MOTORIZED IMPROVEMENTS
PUBLIC WORKS PROJECT No. PW2023-002
CONTRACT NO. 029-24
THIS CONTRACT ("Contract") is made and entered into this 27th day of February, 2024, by and
between the City of Port Orchard, a municipality incorporated and existing under the laws of the
State of Washington, hereinafter called the "City," and Miles Resources, LLC, hereinafter called
the "Contractor."
WITNESSETH:
I. General Provisions.
A. Description of Work.
The Contractor, in consideration of the covenants, agreements and payments to be performed
and made by the City, hereby covenants and agrees to furnish all labor, tools, materials,
equipment and supplies required for, and to execute, construct and finish in full compliance with
the Contract Documents, Pottery Ave Non -Motorized Improvements. The Contractor further
agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal
dated February 8, 2024, attached hereto and incorporated herein by this reference as if set forth
in full. Contractor further represents that the services furnished under this Agreement will be
performed in accordance with and as described in the attached plans and specifications and with
the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not
limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and
Municipal Construction (which shall apply except where noted otherwise). All of these standards
are by this reference incorporated herein and made a part hereof. Contractor further represents
that the services furnished under this Agreement will be performed in accordance with generally
accepted professional practices within the Puget Sound region in effect at the time such services
are performed.
The Contract Documents include:
Exhibit A -a confirmed copy of the Proposal made by the Contractor on February 8, 2024,
together with the Instructions to Bidders.
Exhibit B —The Project Manual for the Pottery Ave Non -Motorized Improvements Project.
Exhibit C — Retainage Options
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All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as
if set forth in full.
B. Time of Completion.
Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall
start within 14 calendar days after Notice to Proceed is issued and that all construction shall be
complete within 12S working days after the Notice to Proceed Date.
C. Liquidated Damages.
It is further agreed that the City will suffer damage and be put to additional expense in the event
that the Contractor shall not have the specified portions of the work completed in all its parts in
the time specified, and as it may be difficult to accurately compute the amount of such damage,
the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as
calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for
each and every working day said work is not complete beyond the time shown in the Proposal.
Il. Non -Discrimination.
During the performance of this Contract, the Contractor, for itself, its assignees, and successors
in interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to compliance with the following Pertinent Non -Discrimination
Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the
Federal -aid recipients, sub- recipients and contractors, whether such programs or
activities are Federally funded or not);
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• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at
49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Title VI of the Civil Rights Act of 1964
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, must affirmatively
ensure that its contracts comply with these regulations.
Also, in accordance with Title VI, the City is required to include the following clauses in every
contract subject to Title VI and its related regulations.
Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
Compliance with Regulations: The Contractor will comply with the Acts and the
regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made a part
of this Contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Contract, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
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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 Contract covers any activity, project, or
program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or
leases of equipment, each potential subcontractor or supplier will be notified by the
Contractor of the Contractor's obligations under this Contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, national origin,
sex, age, disability, income -level, or I_EP.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the City or the FHWA to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of the Contractor is in the exclusive possession of another who fails or refuses
to furnish the information, the Contractor will so certify to the City or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Contract, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Contract until the Contractor
complies; and/or
2. cancelling, terminating, or suspending the Contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement
as the City or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the City to enter into any litigation to protect the interests of the
City. In addition, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
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III. 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.
IV. Termination
The City may terminate this contract for cause or for convenience.
1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to
its surety, terminate (without prejudice to any right or remedy of the City) the contract,
or any part of it, for cause upon the occurrence of any one or more of the following
events: Contractor fails to complete the work or any portion thereof with sufficient
diligence to ensure substantial completion of the work within the contract time;
Contractor is adjudged bankrupt, makes a general assignment for the benefit of its
creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a
material way to replace or correct work not in conformance with the Contract
Documents, Contractor repeatedly fails to supply skilled workers or proper materials or
equipment; Contractor materially disregards or fails to comply with laws, ordinances,
rules, regulations, or orders of any public authority having jurisdiction; or Contractor is
otherwise in material breach of any provision of the contract. Upon termination, the City
may, at its option, take possession of or use all documents, materials, equipment, tools,
and construction equipment and machinery thereon owned by Contractor to maintain
the orderly progress of, and to finish, the work, and finish the work by whatever other
reasonable method it deems expedient.
2. Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the
convenience of the City.
3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled
to make a request for an equitable adjustment for its reasonable direct costs incurred
prior to the effective date of the termination, plus a reasonable allowance for overhead
and profit on work performed prior to termination, plus the reasonable administrative
costs of the termination, but shall not be entitled to any other costs or damages,
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whatsoever, provided however, the total sum payable upon termination shall not exceed
the Contract Sum reduced by prior payments.
V. Corporate Surety Bond
With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of
Two Million Nine thousand seven hundred twenty
seven dollars and sixty one cents Dollars ($ 2,009,727.61) with Liberty Mutual Insurance Company
as Surety, to ensure full compliance, execution and performance of this Contract by the
Contractor in accordance with all its terms and provisions.
VI. Independent Contractor.
The parties intend that an Independent Contractor -Employer Relationship will be created by this
Agreement and that the Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained under this Agreement.
VII. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more
members of any retirement system administered by the Washington State Department of
Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is
required to elicit on a written form if any of the Contractor's employees providing services to the
City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an
individual who retired using the 2008 ERFs, and whether the nature of the service and
compensation would result in a retirement benefit being suspended. Failure to make this
determination exposes the City to significant liability for pension overpayments. As a result,
before commencing work under this Agreement, Contractor shall determine whether any of its
employees providing services to the City or any of the Contractor's owners retired using the 2008
ERFs, and shall immediately notify the City and shall promptly complete the form provided by the
City after this notification is made. This notification to DRS could impact the payment of
retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend,
and hold harmless the City from any and all claims, damages, or other liability, including
attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or
resulting from Contractor's failure to comply with the terms of this provision. This provision shall
survive termination of this Agreement.
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Vill. Changes.
The City may issue a written change order for any change in the Contract work during the
performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed
in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided in subsections A through E of Section
IX entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
IX. Claims. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of
the date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first. Any claim for damages, additional payment for any reason, or extension
of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections
A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
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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
S. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as
a result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the City
determines that a claim is valid, the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral
order (including directions, instructions, interpretations, and determination).
E. Failure to Fallow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
X. Limitation Of Actions.
CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH
THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS
COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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XI. Warranty.
Upon acceptance of the contract work, Contractor must provide the City a two-year warranty
bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable
to the City. The Contractor shall correct all defects in workmanship and materials within two (2)
years from the date of the City's acceptance of the Contract work, including replacing vegetation
that fails to thrive. In the event any parts are repaired or replaced, only original replacement
parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for one (1) additional year from the date
such correction is completed and accepted by the City. The Contractor shall begin to correct any
defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the
City, the City may complete the corrections and the Contractor shall pay all costs incurred by the
City in order to accomplish the correction.
Xli. Indemnification.
Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the Contractor's performance
of this Agreement, except for that portion of the injuries and damages caused by the sole
negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. The parties further acknowledge that they have
mutually negotiated this waiver.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
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XIII. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representative, employees
or subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of insurance. Contractor shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 031185. There shall be no endorsement or modification of
the Commercial General Liability insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on
a all-risk policy form and shall insure against the perils of fire and extended coverage and
physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance
covering the work will have a deductible of $5,000 for each occurrence, which will be the
responsibility of the Contractor. Higher deductibles for flood and earthquake perils may
be accepted by the City upon written request by the Contractor and written acceptance
by the City. Any increased deductibles accepted by the City will remain the responsibility
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of the Contractor. The Builders Risk insurance shall be maintained until final acceptance
of the work by the City.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:
I. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
3. Builders Risk insurance shall be written in the amount of the completed value of
the project with no coinsurance provisions.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Commercial General Liability and
Builders Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned
tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the
Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding
and protective fences.
E. Waiver of Subrogation. The Contractor and the City waive all rights against each other
any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance or other
property insurance obtained pursuant to the Insurance Requirements Section of this Contract or
other property insurance applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than ANIL
G. Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
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insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
Project.
H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a
minimum the same insurance coverage and limits as stated herein for the Contractor (with the
exception of Builders Risk insurance). Upon request the City, the Contractor shall provide
evidence of such insurance.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK.
Contractor shall take all necessary precautions and shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize
all protection necessary for that purpose. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other articles
used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option conferred
by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to
settle any dispute, difference or claim arising from the parties' performance of this Agreement,
the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit
exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap
County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified to the contrary.
Any written notice hereunder shall become effective three (3) business days after the date of
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
Rev 3118f22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 12 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
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.IN
WITNESS WHEREOF the parties hereto have caused these presents to be duly executed.
CITY OF PORT ORCHARD
L,DOCUSIgned by:
V P1n.1"6t&A-SWA,
By:
Robert Putaansuu, Mayor
CONTRACTOR Miles esourc s, LLC
By:
Title: �sephJ4icon General Manager
Address: 400 Valley Ave NE
Puyallup, WA 98372
Rev 3?102 JR
City or Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 13 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
fi '6�9igned by:
6VAAJAJ� U alt,
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte Archer, City Attorney
NOTICES TO BE SENT TO:
CONTRACTOR:
CITY:
NAME Anna Lear, Contract Adminstrator K. Chris Hammer, P.E., City Engineer
ADDRESS 400 Valley Ave NE Puyallup, WA 983H6 PROSPECT STREET, PORT ORCHARD, WA 98366
TELEPHONE 253-383-3585 (360) 876-4991
Email Anna.lear@milesresources.com publieworks@portorchardwa.gov
With a copy to the City Clerk at the same address
Rev 3?18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project
19 "Toli ft CIAUL.r6ZUNII136
Page 14 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
5% RETAINAGE INVESTMENT OPTION'
Contractor: Miles Resources, LLC
Project Name: Pottery Ave Non -Motorized Improvements Project
Date: 2/19/23
EXHIBIT C
Project Number: PW2023-002
Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this
contract will be invested. Please complete and sign this form indication your preference. If you fail to do so
you will miss the benefit of any interest earned. Select one of the following options:
F-1 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be
paid to you directly, rather than kept on deposit. If this is your choice, then please complete
attached SAVINGS ACCOUNTAGREEMENT. Please state the name of your bank.
Bank:
F-1 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an
escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and
interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROW
AGREEMNT.
Preferred Bank:
Securities/Bonds:
F-1
3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor
Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and
Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work
may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the
retainage may also be held until such time as the Contractor meets its obligations to the City to provide
required information and documentation for compliance with the grant funding requirements.
State law allows for limited early release of retainage in cert
Retainage Bond Will be posted
' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the
City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-.
Rev 3l1 &22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 15 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
SAVING ACCOUNT AGREEMENT
TO BANK:
BANK'S ADDRESS:
AGENCY: CITY OF PORT ORCHARD
216 Prospect Street
Port Orchard WA 98366
CONTRACT NO:
PROJECT TITLE:
SAVINGS ACCOUNT NO:
The estimated completion date of contract is:
The undersigned, , herein referred to as
the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the
AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such
warrants are to be held and disposed of by you in accordance with the following instructions and upon the
terms and conditions hereinafter set forth.
INSTRUCTIONS
1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be
endorsed by you and forwarded for collection. The moneys will then be placed byyou in an interest -
bearing savings account.
2. When and as interest on the savings account accrues and is paid, you shall collect such interest and
forward it to the CONTRACTOR at its address designated below unless otherwise director by the
CONTRACTOR.
3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you
pursuant to this agreement, except in accordance with written instruction from the AGENCY.
Compliance with such instructions shall relieve you of any further liability related thereto.
a. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows:
Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted
from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs
the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys
released and shall be entitled to reimburse yourself from such moneys for the entire amount of your
fees as provided for herein above. In the event thatyou are made a partyto any litigation with respect
to the moneys held by you hereunder, or in the event that the conditions of this agreement are not
promptly fulfilled, or that you are required to render any service not provided for in these
Rev 3118/22 JR
City of Part Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 16 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
instructions, or that there is any assignment of the interests of this agreement, or any modification
hereof, you shall be entitled to reasonable compensation for such extraordinary services from the
CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including
attorney fees occasioned by such default, delay, controversy or litigation.
S. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and
accepted by you.
6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY.
You are not a party to nor bound by any instrument or agreement other than this. You shall not be
required to take notice of any default or any other matter nor be bound by nor required to give notice
or demand, nor required to take any action whatever except as herein expressly provided. You shall
not be liable for any loss or damage not caused by your own negligence or willful misconduct.
7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and
heir of the Parties hereto.
Contractor
BY:
CITY OF PORT ORCHARD
Agency
BY:
Title:
Date: Date:
Address:
The above savings account agreement and instruction received and accepted this
,20
Bank Nome
Authorized Bank Officer
Rev 3/1 V22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project
day of
PROJECT # PW2023-002
Page 17 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
ESCROW AGREEMENT
TO BANK: ESCROW NO.:
BANK'S ADDRESS:
AGENCY: CITY OF PORT ORCHARD
216 Prospect Street
Port Orchard WA 98366
CONTRACT NO.:
PROJECT TITLE:
The estimated completion date of contract is:
The undersigned, , herein referred to as the
CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to asthe
AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly.
Such warrants are to be held and disposed of by you in accordance with the following instructions
and upon the terms and conditions hereinafter set forth.
INSTRUCTIONS
1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you
shall be endorsed by you and forwarded for collection. The moneys will then be used by you
to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the
CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other
securities approved by the AGENCY. Other bonds or securities, except stocks may be
selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase
of such bonds or other securities shall be in a form which shall allow you alone to reconvert
such bonds or other securities into money if you are required to do so by the AGENCY as
provided in Paragraph 4 of this Escrow Agreement.
2. When and as interest on the securities held by you pursuant to this agreement accrues and
is paid, you shall collect such interest and forward it to the CONTRACTOR at its address
designated below unless otherwise directed by the CONTRACTOR.
3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held
by you pursuant to this agreement (or any moneys derived from the sale of such securities,
Rev 3118/22 7R
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 18 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
or the negotiation of the AGENCY'S warrants) except in accordance with written instructions
from the AGENCY. Compliance with such instruction shall relieve you of any further liability
related thereto.
4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days
of receipt of such order, reconvert into money the securities held by you pursuant to this
agreement and return such money together with any other moneys held by you hereunder,
to the AGENCY.
5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as
follows:
Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be
deducted from any property placed with you pursuant to this agreement until and unless
the AGENCY directs the release to the CONTRACTOR of the securities and moneys held
hereunder whereupon you shall be granted a first lien upon such property released and shall
be entitled to reimburse yourself from such property for the entire amount of your fees as
provided for herein above. In the event that are made a party to any litigation with respect
to the property held by you hereunder, or in the event that the conditions of this escrow are
not promptly fulfilled orthat you are required to render any service not provided for in these
instructions, or that there is any assignment of the interest of this escrow or any modification
hereof, you shall be entitled to reasonable compensation for such extraordinary services
from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and
expenses, including attorney fees occasioned by such default, delay, controversy or
litigation.
6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY
and accepted by you.
7. This instrument contains the entire agreement between you, the CONTRACTOR and the
AGENCY with respect to this escrow and you are not a party to nor bound by any instrument
or agreement other than this; you shall not be required to take notice of any default or any
other matter nor be bound by nor be bound by nor required to give notice or demand, nor
required to take action whatever except as herein expressly provided; you shall not be liable
for any loss or damage not caused by your own negligence or willful misconduct.
Rev 3;18/22 7R
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 19 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
The foregone provision shall be binding upon the assigns, successors, personal representative, and
heir of the Parties hereto.
Contractor
By:
Title:
Date:
Address:
CITY OF PORT ORCHARD
Agency
By:
Date:
The above escrow agreement and instruction received and accepted this day of
. 20 .
Bank Name
Authorized Bank Officer
SECURITIES AUTHORIZED BY AGENCY
1. Bills, certificates, notes or bonds of the United States;
2. Other obligations of the United States or its agencies;
3. Obligation of any corporation wholly -owned by the government of the United States;
4. Indebtedness of the Federal Nation Mortgage Association; and
5. Time deposits in commercial banks.
Rev 3/18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 20 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
i x I
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
POTTERY AVE NON -MOTORIZED IMPROVEMENTS PROJECT
PW PROJECT NO. 2023-002
Bond to City of Port Orchard, Washington
Bond No. 023229880
We, Miles Resources, LLC and Liberty Mutual Insurance Company
(Principal) (Surety)
a Massachusetts Corporation, and as a surety corporation authorized
to become a surety upon Bonds of Contractors with municipal corporations in Washington State,
are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal
sum of Two Million Nine Thousand Seven Hundred Twenty -Seven and 61/100THS Dollars
($ 2,009,727.61 _), 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 , 20. between Principal and Owner for a project entitled
Pottery Ave Non -Motorized Improvements ("Project") — Public Works Project No. PW2023-002 ("Contract").
The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state
sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons,
and all other persons or agents who supply labor, equipment, or materials to the Project;
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82
RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which
the bond is conditioned on the payment of such taxes, increases and penalties; and
Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be
in the amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by
the City at the request of the Surety or Principal.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
Rev 3: 18r22 JR
City of Port Orchard Pottrr) : vv Non -Motorized Improvements Project PROJECT # PW2023-002
Page 21 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
loss resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors
of the Principal) to faithfully perform the Contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work, with the exception that Surety shall be notified
if the Contract time is extended by more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Performance and Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the state
of Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this 15th day of February , 20 24 .
Resources LLQ Liberty Mutual Insurance Company
Principal Surety
Si ure o horized Official 5 na re of Authorized Official
J 0 K HAMLI Vr VTh W ++►r . gy Jamie L. Marques, Attorney -in -Fact
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of Propel Insurance
Agent and/or Surety Company: 1201 Pacific Ave, Suite 1000
Tacoma WA 98402
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
Rev 3 18122 JR
City of Pon Orchard Pottery Ave Non -Motorized Improvements Project PROJECT T PW2023-002
Page 22 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF VVA )
Q )ss.
COUNTY OF VICel 1
On this day of i!✓(.t ZO 7, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared i 05edkV to me known to be the (check one of the following
boxes):
of , the
corporation,
r 'vtu of M le 9e5bur645 , L!C , the
L.
0 individual,
that executede fog instrument to be the free and voluntary act and deed of said 0
corporation, 16 padAghip, 0 individual for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Auu,_ dear
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at bnt, IeJA
My Commission expires:
Notary Seal with link Stamp
Rev 3f 1 W2 JR
City of Port Orchard Pottery Ave Non -Motorized improvements Project PROJECT # PW2023-002
Page 23 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
SURETY ACKNOWLEDGEMENT
STATE OF Washington )
)ss.
COUNTY OF Pierce _ )
On this 15th day of February , 20 24 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Jamie L. Marques to me known to be the Attorney -in -Fact
of Liberty Mutual Insurance Company , the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above wr'
Evan William Marques
Print or type name
IAM
NOtARy
Ptp UBLIC'
Notary Seal With Ink Stamp
NOTARY PUBLIC,
in and for the State of Washington
Residing Gig Harbor, WA
My Commission expires: 05/25/2025
Rev 3.402 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT 4 PW2023-002
Page 24 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
N FIND rUVMI NON NRrmlrly NIIInW IFIC acre of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8210464 - 023049
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the'Companies') pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aliceon A.
Keltner, Alyssa J. Lopez, Amber Lynn Reese, Amelia G Burrill, Andrew James Carretto, Annelies M- Richie, Audrey M. Turner, Brandon K. Bush, Brent E. Heilesen,
Carley Espiritu, Christopher Amos Haves, Christopher Kinvon. Cvnthia L Jay. Dana Marie Brmklev. Diane M. Hardine. Donald Shanklin. Jr.. Edward Sims. Eric A.
Limmerman, r-foiu Aioers, Jacoo 1. Haddock, James IS. Binger, Jamle L. Marques, Julie K. I runt, Justin wean Price, Kart Mrcneite moue , Icatnarirle J. snider,
Lindsey Elaine Jorpensen, Lois f . Weathers, Michael Mansfield. Misti M. Webb. Sara Souhie Sellin. Sarah Whitaker. Tamara A. Rineeisen
all of the city of Tacoma state of WA each ind vldually f there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of July , 2023 .
L berty Mutual Insurance Company
P� INSU,pq �SY INs� AlAsup The Ohio Casualty Insurance Company
:4opro�T �� �ooµnor�Pgyn 3`opnor4foy�fi West American Insurance Company
1912 Q o 1919 1991
m e o s C
d,�yde,crNud�.aa yQ �`'keNNv$� �>� r� shout,► Ja �
By:
nnum a raraw AQQiQfnnt Carraianr
State of PENNSYLVANIA
County of MONTGOMERY ss
I On this 20th day of July 2023 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such. be ng authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
d)re
--a
to
Ul
O
y O
C e
rnN
ny ID
C
E —
L
o tt3
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
Sp, PAST
Qr4 hpµ W F� Commonwealth of Pennsylvania • Notary Seal
Uo*i Cy Teresa Pastelia. Notary Public
OF Montgomery County
My commission expires March 28. 2D25 By:
Commission number 1126N .
yLv�o Member Pennsylvania Association of Nolariea Teresa Pastella, Notary Public
pry
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed I f l a
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing to d full, true and c onlect copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15th day of February , 2024 .
P� tNSU� P014 INSV�
tiJ 4apvoryr tin O `oaroglr y
X
1912 0 1919
d� e,cHue da O y'xar
LMS-12873 LMIC OCIC WAIC Multi Co 02r21
sUR
VP�oevoryrRT.
1991
R
By:
Renee C. Llewellyn, Assistant Secretary
0
N
ao
N
M
t?
0
8
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
C34
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
Note: This form must be completed at Contract Completion. Before the Performance Bond or
retainage can be released, the City must receive the two year Maintenance/Warranty Bond
Project Name:
Owner/Developer/Contractor:
Project Address:
Project #:
Contract #:
Surety Bond #: _
Date Posted:
Expiration Date:
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of
the State of , and authorized to transact surety business in the State of
Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port
Orchard, Washington, in the sum of
dollars ($ ) 20% of the total contract amount, lawful money of the United
States of America, for the payment of which sum we and each of us bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, by these presents. THE
CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain
improvements on public property in connection with a project as described above within the City
of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months
following written and final acceptance of the project in order to provide security for the
obligation of the Principal to repair and/or replace said improvements against defects in
workmanship, materials or installation during the twenty-four (24) months after written and final
approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to
the City. It is understood and agreed that this obligation shall continue in effect until released in
writing by the City, but only after the Principal has performed and satisfied the following
conditions:
A. The work or improvements installed by the Principal and subject to the terms and
conditions of this Bond are as follows: (insert complete description of work here)
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
Rev 3/18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 25 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
and final acceptance of the same and approval by the City. Maintenance is defined as acts carried
out to prevent a decline, lapse or cessation of the state of the project or improvements as
accepted by the City during the twenty-four (24) month period after final and written acceptance,
and includes, but is not limited to, repair or replacement of defective workmanship, materials or
installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any
damage or defects in workmanship, materials or installation to the City -owned real property on
which improvements have been installed and leave the same in as good condition or better as it
was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or
restoration work installed or completed by the Principal as described herein, fail to remain free
from defects in materials, workmanship or installation (or in the case of landscaping, fail to
survive), for a period of twenty-four (24) months from the date of approval/acceptance of the
work by the City, the Principal shall repair and/replace the same within ten (10) days of demand
by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time
schedule acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary,
as determined by the City, for the City to remedy the default, up to the
total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its
obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the
Surety of the actual cost of the remedy, upon completion of the remedy. The City shall
return, without interest, any overpayment made by the Surety, and the Surety shall pay
to the City any actual costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the
time period requested by the City, then the City, its employees and agents shall have the
right at the City's sole election to enter onto said property described above for the
purpose of repairing or maintaining the improvements. This provision shall not be
construed as creating an obligation on the part of the City or its representatives to repair
or maintain such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10)
days of notification by the City and completed within thirty (30) days of the date of notification.
If the work is not performed in a timely manner, the City shall have the right, without recourse
to legal action, to take such action under this bond as described in Section D above.
Rev 3/18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 26 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
F. Extensions and Changes. No change, extension of time, alteration or addition to the work
to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond,
unless the City specifically agrees, in writing, to such alteration, addition, extension or change.
The Surety waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any
legal action must be taken to enforce the provisions of this bond or to collect said bond, the
prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the
reasonable costs of securing the obligation hereunder. In the event of settlement or resolution
of these issues prior to the filing of any suit, the actual costs incurred by the City, including
reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said
costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the
proceeds of this bond, but also over and above said bond as a part of any recovery (including
recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall
be governed by the laws of the State of Washington. Venue of any litigation arising out of this
bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations
secured hereby have been fully performed and until released in writing by the City at the request
of the Surety or Principal.
DATED this day of , 20_.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized)
By:
Its:
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
Rev 3/18/22 JR
City of Port Orchard
(Signature must be notarized)
By:
Its:
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
CHECK FOR ATTACHED NOTARY SIGNATURE
Developer/Owner (Form P-1)
Surety Company (Form P-2)
Pottery Ave Non -Motorized Improvements Project PROJECT # PW2023-002
Page 27 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
FORM P1-NOTARY BLOCK
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged as the
of that they
signed this instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev 3/18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project
PROJECT # PW2023-002
Page 28 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
FORM P2-NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that
person who appeared before me, and said person acknowledged as the
of
is the
that they
signed this instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev 3/18/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project
PROJECT # PW2023-002
Page 29 of 29
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
PROPOSAL
CITY OF PORT ORCHARD
POTTERY AVE NON -MOTORIZED IMPROVEMENTS
PROJECT NO. PW2023-002
To: Mayor and City Council
City of Port Orchard, Washington
Contractor: Miles Resources, LLC
State Contractor's: MILESRL897RK
State License No.9tate Business License: 602 870 349
Date: 2/8/2024
Month/Day/Year
Bidder's Declaration and Understanding
The Bidder declares that they have carefully examined the Contract Documents for the
construction of the project, that they have personally inspected the site, that they have satisfied
themself as to the quantities involved, including materials and equipment, and conditions of work
Involved, Including the fact that the description of the quantities of work and materials, as
Included herein, is brief and is intended only to indicate the general nature of the work and to
identify the said quantities with the detailed requirements of the Contract Documents, and that
this Proposal is made according the provisions and under the terms of the Contract Documents,
which Documents are hereby made a part of this Proposal. The Bidder further declares that they
have exercised their own judgment regarding the interpretation, of subsurface information and
have utilized all data, which they believes pertinent from City and other sources and have made
such independent investigations as the Bidder deems necessary in arriving at their conclusions.
Bidder understands that any bid response documents may be subject to release under the Public
Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a
request. Bidder acknowledges that they have been advised to mark any records believed to be
trade secrets or confidential in nature as "confidential." If records marked as "confidential' are
found to be responsive to the request for records, the City as a courtesy to the Bidder may elect
to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a
Court. Bidder acknowledges and agrees that any records deemed responsive to a public records
request may be released at the sole discretion of, and without notice by, the City.
Contract Execution
The Bidder agrees that if this Proposal is accepted, the bidder will, within fourteen (14) calendar days
after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that
time deliverto the City executed copies of the Performance Bond, Labor and Material Payment bond,
the Certificate of Insurance, and other documentation required bythe Contract Documents, and will,
to the extent of the Proposal, furnish all machinery, tools, apparatus and other means of construction
and do the work and furnish all the materials or services necessary to complete all work as specified
or indicated in the Contract Documents.
Rev 3118122 JR
City or Port Orchard Pottery Ave Non -Motorized Improvements Project ProjectO PW2023-002
Page 10 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Start of Construction and Contract Completion
The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, they will meet
with engineering personnel and begin work no earlier than March 11th, 2024, and complete the
construction within 125 working days of START DATE.
Lump Sum and Unit Price Work
The Bidder further proposes to accept as full payment forthe work proposed herein the amounts
computed under the provisions of the Contract Documents and based on lump sum and unit price
amounts, it being expressly understood that the unit prices are independent of the exact
quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a
true measure of the labor, services, and materials required to perform the work, including all
allowances for overhead and profit for each type and unit of work called for in these Contract
Documents.
If any material, item, or service required by the Contract Documents has not been mentioned
specifically, the same shall be furnished and placed with the understanding that the full cost to
the City has been merged with prices named in the proposal.
Rev 318/22 JR
City of Port Orchard Pottery Ave Non -Motorized Improvements Project Project# PW2023.002
Page 11 of 316
Provided to Builders Exchange of WA, Inc. For usage conditions Agreement see www.bxwa.com - Always Verify Scal
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
SCHEDULE OF CONTRACT PRICES
Pottery Ave Non -Motorized Improvements
Project No PW2023-002
NOTE: Unit prices for all items and the total amount bid must be shown. The Project must be bid
in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered
a responsive bid. Where conflict occurs between the unit price and the total amount named for
any items, the unit price typed or printed and entered in ink shall prevail. The Contracting Agency
reservesthe righttoaward all workbid accordingto the lowestqualified responsive bid tendered,
available funds, and as it best serves the interest of the Contracting Agency. All work awarded
will be made to the same Contractor/bidder.
SALES TAX -Schedule A In accordance with Section 1-07.2(1) State Sales Tax (DOR rule 171): Work
performed on City, County, or Federally -owned land, the Contractor shall include applicable
Washington State retail sales taxes in the various unit bid prices or other amounts. These retail sales
taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used
or consumed In doing the work.
SALES TAX -Schedule B Retailing/Retail Sales Tax Rule WAC458-20-170: Washington State Retail sales
tax added as percent (%) in addition to contract bid price; sales tax shown as separate line item.
Item Estimated SP / STD Description of Item / Total Amount Unit Price Total Amount
No. Quantity in Words
Schedule A - Sidewalk/Channellzatlon/Roadway Repair Related Work
A-1 Lump Sum STD (1-09) Mobilization LS
$101 000*00
s 101,
000.00
s ON, huo k d Mel Aou wi loll
ars
(Total Amount inWords)
A-2 Calculation SP (1-04) Minor Changes CALC
$ If, 90
$
15,000.00
$ / 14W 4)10Yy409 110114e3
(Total Amount in Words)
A-3 Lump Sum SP (1-05) Record Drawings (Minimum Bid LS
$2,000) $ Zj00Q
$ TWO A-104AX dollars
(Total Amount In Words)
A-4 Lump Sum SP (1-07) SPCC Plan LS
$ �� p°
2 0, op
$
$ -fWo huYidr-rd AktdEV-1v o � s
(Total AmountAnWords)
A-5 Lump Sum M (1-10) Project Temporary Traffic LS
Control $ Vol $ 137 SOD 00
itov 3111Y22 Jk
City of Pon Orchard Pottery Ave Non -Motorized Improvements Project Prajec.0 PW2023-002
Page 12 of 316
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify"�"
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
stern Estimated
No. Quantity
SP / STD Dascrlptlon of Item / Total Amount Unit Prke
In Words
Total Amount
s one hvjf-±a-_� 2&�O hou5ssid )6vG hundrid dellos
otal Amount in Words)
A-6 0.4 AC
SP (2-01) Clearing and Grubbing AC
as
s ei ;g-'hoa�gnd -hike � n
doll&3
(Total Amount in Words
A-7 1,390 CY
STD (2-03) Roadway Excavation Incl. Haul CY
$ 4-01
9117yo, w
$
&asp 5
/- dollars
(Total Amount in Words)
A-8 10 TN
STD (2-03) Gravel Borrow Incl. Haul TN
$ 1 0,00
$ O i1d Jrr1O' tp
Alv dill �cl3
(Total Amount in Words)
A-9 330 CY
STD (2-09) Structure Excavation Class A CY
Incl. Haul $ 60 - 01D
n
$ 4,600. ao
s �►i?G-I(t✓� �'haw5�_�h� hr�n�rc� dalla�'3
(Total Amount in Words)
A-10 Lump Sum
STD (2-09) Shoring or Extra Excavation LS
Class A $ Q00. W
�
$ "/, 000. rT�
$ 6G, -440t45 jW d doll
(Total Amount in Words)
A-11 120 CY
STD (2-09) Structure Excavation Class B CY
Incl. Haul $ 17.DD
s
s IWO A-?U%rl d -WO hu#ldwd dall03;
(Total Amount in Words)
A-12 880 SF
STD (2-09) Shoring or Extra Excavation SF
Class B $ 6
$
s one 4140ws.4 d Aur hadredTlffi
IWD do/IAK5
(Total Amount in Words
A-13 890 TN
STD (4-04) Crushed Surfacing Top Course TN
s (3 . as
s Gb, a7 o. as
$ SMA±� a�e#
_
4f--Z
(Total Amount In rds)
A-14 FA
STD (5-03) Crack Sealing Bit Pvmt - FA FA
$ J0-000. 00
5 10,000.00
s --en Jhou5awd_ dolloc
(Total Amount in Words)
A-15 950 SY
SP (5-04) Planing Bituminous Pavement SY
$ / 6. an
$
Rev 3/18/22 7R
City of Port Orchard
Pottery Ave Non -Motorized Improvements Project
Project# PW2023-002
Page 13 of 316
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD
Na. quantity
Description of Item / Total Amount Unit Price
In Words
Total Amount
$ hw rrd
doll&3
(Total Amount In Words)
A-16 1,500 TN SP (5-04)
HMA Cl. 1/2 In. PG SSH-22 TN
$ 13P.367
$
-ram
(Total Amount in Words)
ve olalm,
A-17 5 TN SP (5-04)
HMA for Approach Cl. 1/2 In. PG TN
58H-22 $�
$ f� OD p, 0 D
$ Me I1� wmm d )0&,
(Total Amount in Words)
A-18 160 LF STD (7-04)
Testing Storm Sewer Pipe
0
Q
$F !R
$ t/
$ 6�W- Au o d r-fd in d i�►jy I'yar d oll,4/.
^(Total
`Ifr Amount in W rds)
A-19 160 LF SP (7-04)
High -Density Polyethylene LF V1J
+'
(HDPE) Pipe 12 In. Diam. $ �7i�
�u d aOt d a 1
(Total Amount in Words)
A-20 4 EA STD (7-05)
Adjust Manhole EA 2 op
$ a
, 7 a �D
�j, f�, 1 `�
$ 1 PLV f"OV NJ 64:1,
0
(Total Amount in Words)
A-21 12 EA STD (7-05)
Adjust Catch Basin EA
$ Y40ao
$ 5 2 So. to
s (lye, *0 usaNd -Fwn h.4.1 dr*J A r►
er" fk4u d a/liiz
(Total Amount in Words)
A-22 5 EA STD (7-05) Catch Basin Type 1
EA
$ r D. tv $
101*9 Ln
$ ��� ol�s�r�td
c hHHdrtd aka
� 1
(Total Amount in Words)
A-23 5 EA STD (7-05) Connection to Drainage
Structure
EA
$ r
$ 41 A014y414CI
fg 144W
dal 415
( otaI Amount in Words)
A-24 3 EA SP (7-05) Locking Solid Metal Cover for EA
Catch Basin $ N op0 $
lj ago, pD
$ dnc >,
re� dJollpc
(Total Amount in Words)
A-25 50 CY STD (7-08) Gravel Backfill for Pipe Zone CY
ZZ•0'
Bedding
$
Rev 3118/221R
City of Port Orchard Pottery Ave Non -Motorized Improvements Project Project# PW2023-002
Page 14 of 316
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.coin - Always Verify Scal
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STID Description of Item / Tote) Amount Unit Price Total Amount
No. Quantity In Words
s the 41 ou ajod P-),v uodr-eJ ADA6
(Total Amount in Words)
A-26 9 EA SP (7-12) Adjust Valve Box EA
s 710."o
/laLoc" god ill Il do Il t6
(Total Amount in Words)
A-27 28 EA STD (8-01) Inlet Protection EA
$ tWD 4-W'W 4 J fW1 h K -kvepL hj= d o II A3
(Total Amount in Words)
A-28 770 LF STD (8-01) High Visibility Fence LF
$ 6.00 $ 14, 6Zo• 00
s Ove -%%woind siy 6wdetd 4yu4 4vvmatLllc
(Total Amount in Words)
A-29 Lump Sum STD (8-01) Erosion Control and Water LS
Pollution Prevention $ 025.OD
(Total Amount in Wo s)
A-30 570 SY
SP (8-02)
Seeding, Fertilizing, and SY
9.00
Mulching $
$
s fi ✓ lAo!Nod 00, h mgd jund
41,1; raj dol [ 41s
(Total Amount in Words)
T
A-31 70 SY
SP (8-02)
Bark or Wood Chip Mulch SY
1.00
30. o0
$ -
$
$ y�X qq?r4 APIJ i � 011 Ar
(Total Amou t in Words)
A-32 570 SY
SP (8-02)
Fine Compost SY
$ 9-01,
$ D
s ri ✓b �M a uS4od One, h oxen d Ato
(Total Amount in Words)
A-33 630 SY
SP (8-02)
Topsoil Type A SY
s 9. oo
$ oo
s Juyaod s i,c h {�
f 2,4 1�
(Total Amount in Words)
A-34 65 LF
STD (8-04)
Cement Conc. Pedestrian Curb LF
s 3(v 50
$ 2i372 • ��—
sWpAo utc, I�lr- h"tima anti
o dollorf
(Total Amount in Words)
Ce"L4-3
A-35 45 LF
STD (8-04)
Cement Conc. Traffic Curb LF
s 3 .OD
s ),'l l a as
Rev 3/I8: 22 JR
City of Pon Orchard Pottery Ave Non -Motorized Improvements Project Project# PW2023-002
Page 15 of316
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always verify Scal
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD Descriptlon of Item / Total Amount Unit Price Total Amount
No. Quantity In Words
5 06e 4%alo —5t f hwtdrfd aeld
-M4 doIlAg
(Total Amount in Words)
A-36 1,850 LF STD (8-04)
Cement Conc. Traffic Curb and LF
q0.60
�}
N,000. Uo
Gutter $
$ !
✓i� k% :#IOMhQ`ld 2bll40wi
(Total Amount In Words)
A-37 130 SY STD (8-06)
Cement Conc. Driveway SY
Entrance Type 1 $ �p�,i1D
��7-% dy
$
$ tl M4- AoJJ,4MJ h ik N d o f
(Total Amount in Words)
A-38 420 LF SP (8-12)
Coated Chain Link Fence Type 4 LF
$ rWkeo A-ndsapy i lvtv
vI144
(Total Amount in Words)
A-39 3 EA STD (8-14)
Cement Conc. Curb Ramp Type EA
Perpendicular A $ &00, 00
$ q, BOD D'D
$ &1Z -A41W 64 .4 Ei y--
(T ai Amount in Words)
A-40 4 EA STD (8-14)
Cement Conc, Curb Ramp Type EA
Parallel $ I&POD
I
$ �V (J17
$ �6164 AQWL4 1 hfdfddr*� da11-4
_
(Total Amount in Words)
A-41 750 SY STD (8-14)
Cement Conc. Sidewalk SY
$ Q 00
$ !a 3, �o�. ao
$ 1 �r�� � usAn� rlVei h MA,4rcd
d ,)IIAO
(Total Amount in Words)
A-42 35 SF STD (8-14)
Detectable Warning Surface SF
$ Zo,p
$ q97. 1%o
IA, I ,. .
., .....
(Total Amount in Words) 4
A-43 Lump Sum SP (8-20) RRFB System (Middle School) LS�^
$7 Qj PR � $ KO.
$
(Total Amount in ords)
A-44 Lump Sum SP (8-21) Permanent Signing LS
$1,N2o s 7, 9�.O
$ &1%4 AO UAut,1 64f- %,4AAr%4 M.4 4i wri-IILi 11411&J-
(Total Amount in Words) /
A-45 8,060 LF STD (8-22) Paint Line LF
Rev 118122 JK
City of Port Orchard Pottery Ave Non -Motorized Improvements Project Pmject# PW2023-002
Page 16 of 316
Provided Co Builders Exchange of WA, Inc. For usage Conditions AgJ eemeat see www.bxwa.com - Always Verify Sca:
DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD
Descriptlon of Item / Total Amount Unit Price
Total Amount
No. Quantity
in Words
$ �✓rr�'I�auya✓�d
Yt�nZ hundrsd ��1X��IM�dalla�r u�w
(Total Amount In Words)
pijl�
A-46 700 LF STD (8-22)
Plastic Line
$F �
jI U0
';7Glil�"(��11�
$ `
$ ON - 10YOand �Ji Y� holl Jai 4r d
( otai Amount in Words)
A-47 5,730 LF STD (8-22)
Painted Wide Line
LF -Al
q 2N D 2i7
$
$ Four 4410 S a✓!d
+wy hm drr d vi
dt�--
(Total Amount in Words)
V
A-48 820 LF STD (8-22)
Plastic Wide Line
LF
$ h#rNAOi*4Kd
MiAe 4s4 i-ij
$Hd SWIAil nZU�
(Total Amount in Words)
Y,d4ll�
^
A-49 1,510 LF STD (8-22)
Painted Crosshatch Marking LF
$ 1.1b
$
$ One *7W54rid
"t huindra "a _41Y1� eyly dolla6
(Total Amount in Words)
A-50 80 LF STD (8-22)
Plastic Stop Line
LF
$ One, 4 "0W- a01 r'l-M- 40
AO11Q/3
(TotalAmWords)
A-51 370 SF STD (8-22)
Plastic Crosswalk Line
SF
$
b
$ t4IMd si
h jold
(Total Amount in Words)
✓.�'t
A-52 8 EA STD (8-22)
Plastic Bicycle Lane Symbol
EA
$ q b . qO
$
$ Three- APL464eV
Se✓ohs- hundey,9
av d 6r
A-53 16 EA STD (8-22)
A-54 8,100 LF STD (8-22)
A-55 160 SF
Rev N S+°22 JK
City of Pori Orchard
STD (8-22)
(Total Amount in Words) 61
Plastic Traffic Arrow EA
$ 27�0� $ �I. Y oo. 00
$ Fo ur -1' w !a twd 6ur h w n d r-r d dell �Gt3
(Total Amount in Words)
Removing Paint Line LF
$ 1. 91 $ 1 , I Un
(Total Amount in Words)
Removing Plastic Crosswalk Line SF
Pottery Ave Non -Motorized Improvements Project
Project# PW2023-002
Page 17 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Rem Estimated SP / STD Description of Item / Total Amount Unit Price Total Amount
No. Quantity In Words
(Total Amount in Words)
A-56 15 EA STD (8-22) Removing Plastic Traffic EA
Marking $0 00 $ 7 9��• a�
1
S Fur -1�1 0a,400J fiih,, hge" w� � d all �3
T (Total Amount in Words)
A-57 100 TN STD (8-24) Backfill for Rock Wall TN
$
$ Gj 1 Y401 1tha 14,604,4& P-M h&40drYd otOJI A'r2
(Total Amount in Words)
A-58 170 TN SP (8-24) Rock for Rock Wall TNba $ �� �DD• aD
_S_Ti�lr��y � � �� Nyrc�d �✓� hu�d�-r� r�b�la�
(Total Amount in Words)
Schedule A Subtotal $1 ohSl q0 Un
Schedule B - Sewer Mains and Water Main Replacement
B-1 Calculation SP (1-04) Minor Changes CALC
$Jow $ 10,000.00
B-2 Lump Sum SP (1-10)
B-3 Lump Sum SP (2-02)
B-4 Lump Sum SP (2-02)
B-5 690 CY
B-6 255 TN
Rev 3/1&22lit
City of Purl Orchard
STD (2-03)
$ D 41 tV- - -
(Total Amount in Words)
Project Temporary Traffic LS
Control 1_ 09 $ 6D
$ DYIG hune'k-rfd-(i7 ei l -kioGc5yu, T it l,hm")al�
(Total Amount in Words)
Removal and Disposal of LS
Asbestos Materials $ 13(/b. � 2 $ ;7 OD , Da
s 7YII�>!r,-�hou�n �� � dr doll �r
(Total Amount in Words)
Removal of Structures and LS
Obstructions $ 1 �J/POP.00 $
s -r+rcv� Aoukj,,,d do11tls __..
(total Amount in Words)
Roadway Excavation Incl. Haul CY ��
$ ,$ �N. �I�O.U'
$ 5 rVkr JPa Nyifn 61k�- Hnd.�d aILa ; dall� s
(Total Amount in Words)
STD (2-03) Gravel Borrow Incl. Haul TN
$ Zg00
Pottery Ave Hon-Mot;mzed trnpmvements Project
$ 1� M 0. 00
Project# PW2023-002
Page 18 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD
Descripdon of Item / Total Amount Unit Price
Total Amount
No. Quantity
In Words
s ✓t -aod sot. horldr-rJ
4A or altars
(Total Amount in Words)
B-7 1,280 CY STD (2-09)
Structure Excavation Class B CY
22 00
2�j b0 UO
Incl. Haul $
$
s V+fta� � i � pus
d�� �� s1 dollars
(Total Amount in Words)
B-8 13,590 SF STD (2-09)
Shoring or Extra Excavation SF
1. ion
22 y23. 6-0
Class B s
$
$rkoi two the *aid -fur i1 nLg amd
4wm hi, 4irtt l A6
(Total Amount in Words)
Ltd f am
B-9 720 TN STD (4-04)
Crushed Surfacing Top Course TN
$ "!�
1I
$ q1%. Q4;0. DO
$ 51 o M d 6414u
0/ ry
(Total Amount in Wordtl
B-10 1,420 SY SP (5-04)
Planing Bituminous Pavement SY
(Total Amount in Words)
B-11 770TN SP (5-04)
HMA CI. 1/2 In. PG581-1-22 TN
$ 2.00
$ &tqo, #o
B-12 1 EA
B-13 1 EA
B-14 2 EA
B-15 2 EA
B-16 20 LF
Rev 3;18122 JR
City of Port Orchard
slY �Ouyarld � hondrTd�Eid°llAfT
(Total Amount in Words)
STD (7-05) Adjust Manhole EA
$ I4200,00 $ 112,00.Uo
$ ��� �ha u�and twa h4n?� doll a�
(Total Amount in Words)
STD (7-05) Adjust Catch Basin EA
$ yqv. op s �iNa. ao
$ Our ht4Adlr-td tOr6e- d ell ,'S
(Total Amount in Words)
SP (7-05) Drop Manhole Connection EA
$ kqO0. to $ 12 Foe, 00
s vMVI hU-04,19 1 O'41,4 • h,4rldrtd_ doll +
(Total Afnount in Words)
SP (7-05) Manhole 48 In. Diam. Type 1 EA
$ 0 00 VO s 17 Am 00
$ Sri/tgkp 1 &oi4ogt4d SihW drrd db ll�13
(Total Amountin Words)
SP (7-09) Ductile Iron Pipe for Water LF
Main 6 In. Diam. $ _goo. OD
Pottery Ave Non -Motorized Improvements Project Project# PW2023-002
Page 19 of M6
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD baaertption of Rom/ Total Amount Unit Price Total Amount
No. Quantity In Words
$ Jh ouh d d al j �s
. .four
(Total Amount in Words)
B-17 240 LF SP (7-09)
Ductile Iron Pike for Water LF
Main 8 In. Diam, $ WOO
$ � /, � 00, 00
5
(Total Amount 16 Words)
B-18 440 LF SP (7-09)
Abandon Existing Water Main LF
$11v.290.Ov
$ GJ&t4 ADOOIJ'�0 -(J AAJ Ob11413
(Total Amount in Words)
8-19 5 EA SP (7-12)
Adjust Valve Box EA r
$ 7'�
$ `7 -
5 FoNt u h 6LAJ '�►�✓� PJ&40140
(Total Amount in Words)
B-20 1 EA SP (7-12)
Tapping Sleeve and Valve EA
Assembly 8In. $1b ba.oa
$ 1 D,goo, ro
$ r✓1 4th�r✓1� �i��tf hwrier-�d
A011�
(Tots Amount In Words)
B-21 1 EA STD (7-14)
Moving Existing Hydrant $ I!" 600.0
$ t 00 Q.UO
$ irhrc� -�'1'1 r�yartd d o 111c s
(Total Amount in Words)
0-22 8 EA SP (7-15)
Service Connection 1 In. Diam. EA
$ 5 -100 #D
$ 29600. OD
$ Yy✓c�+�'� iti�vtrr a'�►°��aa�d S�jC hMd��d
d°jla
(Total Amount in Words)
8-23 1,820 LF SP (7-17)
Testing Sewer Pipe LF $$ 6.Yoo
$ q4 O _
(Tdtal Amount in Words)
8-24 1,510 LF SP (7-17)
High -Density Polyethylene LF
(HDPE) Pipe 10In. Diam. $ 1 3q.OD
$ 2Qq Sq� 66
$Two h4ndad n me/ 4hoyk4nd 0 4,4j
ti e1 �IKd
(Total Amount in rds)
a/
B-25 520 LF SP (7-17)
High -Density Polyethylene LF
(HDPE) Casing Pipe 16 In. Diam. $ 137�
$
$ Gl,*✓rn dog �houyRvN AO hwiJact a4d 011ge3
(Total Amount in Words)
B-26 20 LF SP (7-17)
PVC Sanitary Sewer Pipe 6 In. LF
Diam. $ i 1y, UU
�$
Rev 3118122 JR
City of Port' orchard Pottery Ave Non -Motorized Improvements Project Project# PW2023-002
Page 20 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Item Estimated SP / STD
No. Quantity
Description of Item / Total Amount Unit Price
In Words
Total Amount
s hrl,e, -} -,Ykdg
Irvui kitAd d And O' 17 I d
(Total Amount In Words)
B-27 290 LF SP (7-17)
PVC Sanitary Sewer Pipe 8
In. LF i f
V1
Diam.
$
$ VIi3�0.00
s -fuVl+� A°u54td
Al -we r�jwrt�rcrl
y�l-u doll ��
(Total Amount In Words)
8-29 1 EA SP (7-19)
Sewer Cleanout
EA
$ j,1 e�, 00
$ Ofle *30td
li 'le hyA,4rfd 011a11 _
(Total Amount in Words)
B-29 9 EA STD (8-01)
Inlet Protection
jd�, IP
AD
$A
$
(Total Amoun& Words)
B-30 20 SY SP (8-02)
Seeding, Fertilizing, and
Mulching
SY
$ 22 f1D
$
(f
$ rur k i /I drtd
ayyd to r �k k
t l jrs
(Total Amount i ords)
B-31 20 SY SP (8-02)
Fine Compost
SY
$
$ k( k4or-rJ
PAd oL
(Total Amount i Wards)
B-32 20 SY SP (8-02)
Topsoil Type A
SY
$ Z,�a
$ j�Ll db
(Total Amount inAlords)
B-33 10 LF STD (8-04) Cement Conc. Traffic Curb LF
$ '20-0 $ LSD. o0
$ �h/�� hK✓+�r-r� A,OCIf0hd Dj19rQ
(Total Am unt ih Words)
8-34 10 LF STD (8-04) Cement Conc. Traffic Curb and LF
Gutter $ q0, D $ 1400. UJ
(Total Amount in Words)
8-35 20 SY STD (8-14) Cement Conc. Sidewalk SY
$ 6g,o� $ 1�1�pUo
$ Oil? a Iti Ad Me, M? 011
(Total Amount in Words)
B-36 1,280 LF STD (8-22) Paint Line LF
$ ,176 $ gro0.0"
Pev 311 W22 JR
City of Port Orchard Pottery Ave Non-Motonzed Improvements Pro;c-x PmjecO PW2023-002
Page 21 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
Ram Estimated SR / STD Description of Item / Total Amount Unit Price Total Amount
No. Quantity In WORT;
s i�iG yn�r-td d tit do !
(Total Amount i Words)
B-37 1,580 LF STD (8-22) Painted Wide Line LF
S � � d �ti � 6 � �u r-t � Qy► �i' � f �i' °�IA�S
(Total Amount in Words)
B-38 100 SF STD (8-22) Plastic Crosswalk Line SF
s Selm hmsdrtd a+'l lei Vp 4)144 —
(Totai Amount In Words)
B-39 10 SF STD (8-22) Removing Plastic Crosswalk line SIF
'7
(Total Amount in Words)
Schedule B Subtotal $ a
SALES TAX (9.3%) $
Schedule B Total $ q
Schedule A Total $1 d 1 o. a0
Schedule B Total $
TOTAL BID $ /aQ�rJ�7
0yof Port OrcltaW Pottery Ave Non-Motoriwdttriprovements Projeot Pivjml# PW2023-002
Pape 22 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
0
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later
than fourteen (14) calendar days after Notice to Proceed and to complete the project within the
time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following
Addenda to the Bid Documents:
Addendum No.
2
Addendum No.
CITY OF PORT ORCHARD
POTTERY AVE NON -MOTORIZED IMPROVEMENTS
PROJECT NO. PW2023-002
L;4
Date
of Receipt
1/ �/
Date of Receipt
Addendum No.
Addendum No.
Date of Receipt
Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an Irregularity in the Bid
Proposal and Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that they have reviewed the insurance provisions of the Bid
Documents and will provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately
preceding the bid solicitation date for this Project, the Bidder is not a "willful' violator, as defined
in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a
final and binding citation and notice of assessment issued by the Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
"I certlfy (or declare) under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct."
Signat
Date:
2/8/2024
Pri Na and Title:
Location or Place Executed (City, State):
seph rrison / General Manager
Pu allu , WA
Business Address:
Business Telephone:
400 Valley Ave N E
Puy 11up, WA 98372
253-383-3585
NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted;
proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed
in the corporate name by the president or vice-president (or any other corporate officer
accompanied by evidence of authority to sign).
Rev 3/18122 iR
City of Port Orchard Pottery Ave Non -Motorized Improveinents Project Projectll PW2023-002
Page 23 of 316
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DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F
Exhibit A
STATE OF WA )
)ss.
COUNTY OF Pierce )
I certify that I know or have satisfactory evidence that Joseph Harrison signed
this proposal, on oath stated that he/she was authorized to execute the proposal and
acknowledged it as the General Manager _ (title) of
Miles Resources. LLC (name of party on behalf of whom proposal was
executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in this proposal. -
Dated this 8th day of February . 20244 _.
tary Pu lic r-
Anna Lear
Printed Name
My Commission Expires. 6/12/2024
Ray 3: t W22 JR
City of Port Orchard Pottery Ave Non Motorized Iniprovenients Project Projectl PW2023-W2
Page 24of 315
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