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Home My WebLink About07/22/2025 - Regular - Packet171. Meeting Location: Contact us: Council Phone (360) portor hard 4407 216 Prospect Street cityhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Regular Meeting Tuesday, July 22, 2025 6:30 PM Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here. Remote Access Link: https://us02web.zoom.us/j/84968288831 Zoom Meeting ID: 849 6828 8831 Zoom Call -In: 1 253 215 8782 Guiding Principles Are we raising the bar in all of our actions? Are we honoring the past, but not living in the past? Are we building positive connections with our community and outside partners? Is the decision -making process building a diverse, equitable, and inclusive community? 1. Call to Order A. Pledge of Allegiance 2. Approval of Agenda 3. Citizen Comments (This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 4. Consent Agenda (Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may remove an item for separate consideration upon request. In the event of such request, the item is placed under Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Authorizing the Mayor to Execute a Conservation Grant July 22, 2025 Meeting Agenda Agreement with Puget Sound Energy for the Completed Relight Washington Street Lighting Work under the TIB Phase 2 Project (Hammer) D. Adoption of a Resolution Authorizing the Mayor to Execute a Custom Street Lighting Order with PSE for the Port Orchard TIB Phase 5 Project, Pursuant to the Existing Master Lighting Services Agreement (Hammer) E. Approval of the June 10, 2025, City Council Regular Meeting Minutes 5. Presentation A. LEAN Management Report (Bond) B. Development Activity (Bond) 6. Public Hearing (Accepting public testimony from citizens limited to the specific item listed) 7. Business Items A. Adoption of a Resolution Authorizing the Mayor to Execute a contract with Active Construction, Inc. for Sidney Non -Motorized Improvement Project. (Hammer) 8. Discussion Items (No Action to be Taken) A. Downtown Revitalization Grant Program (Mayor/Archer) B. Community Event Center (Bond) C. Public Comment Interactions (Mayor) 9. Reports of Council Committees (Three council members serve on the committee with staff to make collaborative recommendations about work product. Staff then prepares the items for full council consideration based on the committee's discussion.) A. Council Committee Routine Meetings 10. Report of Mayor 11. Report of Department Heads 12. Citizen Comments (This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 13. Good of the Order 14. Executive Session Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. Adjournment ADA Requirements July 22, 2025 Meeting Agenda 2 In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. July 22, 2025 Meeting Agenda 3 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Authorizing the Mayor to Execute a Conservation Grant Agreement with Puget Sound Energy for the Completed Relight Washington Street Lighting Work under the TIB Phase 2 Project (Hammer) Meeting Date: July 22, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Chris Hammer, City Engineer Summary and Background: The City of Port Orchard continues to pursue opportunities to reduce energy consumption and improve operational efficiency. As part of the Transportation Improvement Board (TIB) Phase 2 project, the City partnered with Puget Sound Energy (PSE) to retrofit municipal streetlights with high - efficiency LED fixtures. This work was conducted under the City's existing Master Lighting Services Agreement with PSE (Contract No. 036-18), and a Custom Street Lighting Order (Order No. 101145194) was executed on October 3, 2024, to authorize the improvements. Following completion of the retrofit work, the City became eligible for an energy efficiency incentive through PSE's Relight Washington Program. Under Electric Schedule 83 and Gas Schedule 183, as filed with the Washington Utilities and Transportation Commission (WUTC), PSE offers conservation grants to qualifying participants who implement approved energy -saving measures. The City has been awarded a conservation grant in the amount of $6,557.00 for the completed lighting improvements under the Relight Washington — City of Port Orchard Phase 2 project. The incentive will be applied as a credit toward project construction costs; no direct payment will be issued. Execution of the Conservation Grant Agreement is required to formally accept the incentive and complete the grant documentation process. This project supports the City's sustainability goals and contributes to long-term reductions in energy use and maintenance costs. Relationship to Comprenhensive Plan: Chapter 8 - Transportation Recommendation: Staff recommends that the City Council authorize the Mayor to execute the 4 Conservation Grant Agreement with Puget Sound Energy to accept an energy efficiency incentive for previously completed lighting upgrades as a component of the TIB Phase 2 project, lighting upgrade. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Conservation Grant Agreement with Puget Sound Energy for the completed Relight Washington street lighting improvements performed under the City's TIB Phase 2 project. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: No budget amendment is necessary. The streetlight retrofit work under the Relight Washington Phase 2 project has already been completed by the City as part of a Transportation Improvement Board (TIB)-funded effort. This Conservation Grant Agreement with Puget Sound Energy provides a $6,557.00 incentive for eligible energy -efficient improvements that were installed. The incentive will be applied as a credit against the project's construction costs. No direct payment will be issued to the City. Alternatives: Do not accept the grant and provide alternate direction . Attachments: PRESIGNED - P1545290.1 Relight Washington (TIB) - City of Port Orchard Ph 2.pdf RESOLUTION_-_PSE_ Grant _Acceptance _ Phase_2(1 1078527.1 ).doc 5 Conservation PUGET SOUND ENERGY AgreementNo.: Project No.: CONSERVATION GRANT AGREEMENT Business Lighting 1 P_1545290 This AGREEMENT is made this 23rd day of April , 20 25 , by and between PUGET SOUND ENERGY ("PSE") and CITY OF PORT ORCHARD ("Participant"). RECITALS A. Under PSE's Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with the Washington Utilities and Transportation Commission (collectively, "Tariffs"), PSE offers grants for certain conservation measures installed or implemented at facilities that receive electric or natural gas service from PSE. B. Participant intends to install or implement conservation measures and is requesting a grant from PSE. AGREEMENTS PSE and Participant agree as follows: PROJECT PREMISES/METER LOCATION ADDRESS: PORT ORCHARD PHASE 2 ST LIGHTS PORT ORCHARD WA 98366 - RELIGHT WASHINGTON (TIB) - CITY OF PORT ORCHARD PH 2 (Please note.• meter location/address may differ from the site mailing address). Participant will install or implement the conservation measures listed in paragraph 2 ("Conservation Measures") at the above located facilities (the "Premises"). Participant represents either (a) that it is the owner or otherwise has the lawful authority to make the statements herein on behalf of the owner of the Premises, or (b) that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner of the Premises. 2. Conservation Measures. Participant represents that it will purchase equipment or materials or has entered or will enter into an agreement with one or more contractors (the "Contractor") for the purchase and installation or implementation at the Premises of the Conservation Measures which may be detailed in Attachment C: Attachment to Conservation Grant, at the following costs: Measure Conservation Measures Total Cost Eligible Grant Life 1. Lighting - Street - Custom 20 $6,557.50 $6,557.00 TOTAL (includes sales tax) $6,557.50 $6,557.00 Participant represents that the total cost of the Conservation Measures is the net amount of its obligation with respect thereto. 3. Grant. Upon the execution by all parties and PSE's receipt of this Conservation Grant Agreement within 90 days of the agreement date, PSE agrees to grant the Participant, after installation by Participant and confirmation by PSE of the Conservation Measures, an amount equal to the Eligible Conservation Grant ("the Grant") set forth in Attachment C. 4386 4/13 rev 11/21/2017 Page 1 of3 6 Conservation PUGET SOUND ENERGY Agreement No Program: Business Lighting Project No.: P_1545290 The parties agree that the Conservation Measures must be installed and the Grant paid within 12 months for projects saving less than 100,000 kWh or 24 months for projects saving 100,000 kWh or more of the signing of this Conservation Grant Agreement. Savings are shown on Attachment C -Lighting Installations. If for any reason the installed cost of the Conservation Measures is less than the amount shown above and on Attachment C -Lighting Installations, PSE may decrease pro rata the amount of the Grant. The Participant shall be responsible for paying any amount in excess of the amount of the Grant. Separate Contract. Participant acknowledges and agrees that PSE is not, and shall not be deemed to be, a party to any purchase or installation contract relating to Conservation Measures, which shall be installed pursuant to a contract between Participant and its Contractor(s). Participant expressly acknowledges that PSE's involvement with respect to any aspect of the Conservation Measures is limited to the furnishing of the Grant. PSE HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PSE DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION MEASURES, OR (C) THE INSTALLATION OF THE CONSERVATION MEASURES. 5. Final Cost Documentation, Access & Inspection: Participant agrees to promptly provide PSE, upon request, and for a period no shorter than the longest applicable measure life: (1) documentation verifying equipment purchased and/or work performed in connection with the Conservation Measures installed; (2) reasonable access to and inspection of the Facility and Conservation Measures installed therein before, during and/or after implementation; and (3) reasonable access to, inspection and use of energy usage data related to the Conservation Measures including release of utility bills and Facility energy consumption information following implementation. 6. Release. Participant releases PSE from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conservation Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials. 7. Disclaimer. PSE conducts energy analyses at the request of its customers to determine the extent to which conservation measures are cost—effective. Any estimate of energy savings made by PSE in connection with any such analyses is solely for the purpose of determining the cost—effectiveness of the particular conservation measures and not to be used for any other purpose. PSE has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Conservation Measures. 8. Termination. In the event a Participant's contribution to PSE's recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s). 9. Incorporation of tariffs by reference. This Agreement and the Attachment To Conservation Grant are subject to the terms of the Tariffs, incorporated herein by reference. Specific terms and conditions from one or more conservation schedules from similar filed tariffs may also apply, as determined by PSE at its sole discretion, based on various criteria. A complete list of conservation schedules is available at: https://www.pse.com/-/media/Project/PSE/Portal/Rate-documents/Electric/elec sch 250.pdf 10. Entire Agreement. This Agreement and its attachments set forth the entire agreement between the parties and supersede any and all prior agreements with respect to the Conservation Measures. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. 43864/13 rev 11/21/2017 Page 2 of 3 7 PUGET SOUND ENERGY ConservationProgram: Agreement No.: Project No.: PUGET SOUND ENERGY PARTICIPANT By: Name: Andrew Pultorak CITY OF PORT ORCHARD By: Print Name: Title: Supv Energy Mgmt. Engineering Title: Federal Tax I.D. No.: Business Lighting 1 P_1545290 4386 4/13 rev 11/21/2017 Page 3 of 3 8 PUGET SOUND ENERGY Conservation Program: Business Lighting Agreement No.: 1 Project No.: P_1545290 ATTACHMENT C TO CONSERVATION GRANT Conservation Measure(s) shall consist of the following: This project shall implement the Business Standard Lighting project defined in the attached "Grant Attachment C - Lighting Installations" of the PSE Business Lighting Incentive Program Application. At a minimum the project shall follow these specifications: 1) LED Fixtures and Lamps: All Fixtures and Lamps must be UL or ETL listed, have a Power Factor 90% or greater, and have a Manufacturer's Warranty of five years or greater. Data shall be listed on the required manufacturer's specification sheet and the sheet shall include the Total Input watts (LED module plus driver) of the fixture or lamp. 2) Advanced Controls (LLLC, NLC & AELC): All Advanced Controls are defined and shall meet the requirements listed on the Terms page of the Lighting Application. All Advanced controls shall be approved by PSE prior to installation. The above specifications are solely for the purpose of defining energy -related components of Conservation Measure(s) for which the Grant is offered. Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well-being of workers or facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of the grant Participant and the Participant's hired designers, contractors, consultants to ensure compliance of the Conservation Measure(s) with Participant's needs and all applicable codes and standards. The following shall be submitted by Participant prior to Grant payment: Completed Request for Taxpayer I.D. Number ("W-9"). Copies of invoicing (no purchase orders, quotes, or estimates) for all expenses, including but not limited to equipment, materials, and labor associated with installation of Conservation Measure(s). ❑ Other (specify): 60114/13 Page 1 of 2 9 Conservation PUGET SOUND ENERGY Agreement No Program: Project No.: ATTACHMENT C TO CONSERVATION GRANT Conservation Measure(s) shall be verified as follows prior to Grant payment: PSE shall conduct the following as the verification process: Business Lighting 1 P_1545290 1) A final site visit may be conducted by a PSE Representative to verify as built fixture types and quantities. PSE reserves the right to conduct onsite verifications for Projects with 25,000 kWh or less. 2) Projects may require additional back-up documentation as requested by PSE Representative. 3) All Advanced Controls shall require an onsite verification after the controls are installed and operational for at least 30 days. If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency parameters or performance parameters defined above are not used, Participant shall be required to correct such deficiencies prior to Grant payment. Failure to comply with specified equipment efficiency or performance parameters may result in forfeiture or reduction of Grant payment. 60114/13 Page2of2 of 2 10 4OPUGET SOUND ENERGY Street Lighting Rate Schedule Sch 5x I kWh kW Existing fixture 49,468 I 11.78 New fixture 17,388 4.14 Fixture savings 32,080 I 7.64 Control savings 4,695 TOTAL SAVINGS 36,774 BUSINESS LIGHTING INCENTIVE PROGRAM Pole Services —Street Lighting V25-01 - Valid through 12/31/2025 Estimated PSE Incentive PSE Pole Services Projects ONLY Pole Services Installation Charge $6,557 Project Info Fixture Counts Customer / Payee Info Project Name (REq) Relight Washington (TIB) - City of Port Orchard Ph 21 Total Existing 74 City/Company (REQ) City of Port Orchard PSE Account # (REq) 220-037-984-733 Total New 74 Contact, first and last (REQ) Mark Dorsey Address (REQ) 216 Prospect ST I Email (REQ) mdorsey@cityofportorchard.us City (REQ! Port Orchard Phone (REQ) 360.535.4016 State WA Zip (REq) 98366 Tax ID Pole Services W/O # (10) 114-5194 Billing Street Address 216 Prospect ST Lighting Fixture / Lamp I Controls Total Savings and Cost Saved Notes Cost Vour on Qty Lamp/ Fixture Description Cost Each Watts kW kWh Qty Control Each save kWh FinalkWh kWh Cost • Exist ! 56 (High Pressure Sodium (HPS 100O4 ! 120 6.72 28,224 56 ;Exterior Photo Control 0% 0 28,224 variousn _ ________________f____________________________________I____________________________________-_________________ _________________ _________________ _________________ ________ 21,528 $4,957 o New 56 ;Pole Services !Street Light $89 39 2.18 9,173 ,Advanced 56 Exterior $0 27% ; 2,477 6,696 'Control Exist ; 1 (High Pressure Sodium IHPS 100O4 ! 120 0.12 504 1 ;Exterior Photo Control 0% 0 504 variousn _ ________________f________________________________________________________________________-_________________ _________________ _________________ _________________ ________ 286 $89 c New 1 ;Pole Services !Street Light $89 71 0.07 298 ;Advanced 1 Exterior $0 1 27% ; 81 218 IControl Exist ! 1 (High Pressure Sodium IHPS 150O4 170 0.17 714 1 !Exterior Photo Control ! 0% 0 714 variousn _ ________________-_________________________________________________________________________________________ _________________ _________________ _________________ ________ $89 o New ! 1 !Pole Services !Street Light $89 39 0.04 164 !Advanced 1 Exterior $0 ! 27% ! 44 120 C, IControl Exist ! 12 !High Pressure Sodium IHPS 200O4 ' ' 245 ' 2.94 I 12,348 I 12 !Exterior I ! Photo Control ! 0% 0 12,348 variousa E ________________1____________________________________1_________________L_________________I_________________1_________________L_______________________------------------------------------8,742 I I I I I I I I !Advanced Exterior I I I $1,067 C, New ( 12 (Pole Services (Street Light $89 98 1.18 4,939 12 IControl 0 ! 27% ! 1,334 3,606 Exist! 2 (High Pressure Sodium IHPS 400O4 ' 457 0.91 3,839 2 'Exterior Photo Control ' 0% 0 3,839 various ---'Ad--------------------------3,238 _� $178 o New 1 2 !Pole Services Street ( Light $89 98 0.20 823 2 ! ! C, IControl Exist 1 2 !High Pressure Sodium IHPS 400O4 457 0.91 3,839 2 'Exterior Photo Control 1 0% 0 3,839 variousn ---'Ad--------------------------2,386 __________________________________________________________________________________________t_________________ _________________ _________________ _________________ ________ 2,386 $178 o New 1 2 !Pole Services (Street Light $89 237 0.47 1,991 !Advanced 2 Exterior $0 ! 27% ! 538 1,453 IControl 0 0.00 0 0 0 'Pole Services 0.00 0 0 0 120 0.00 0 0 0 'Pole Services (S 0.00 0 0 0 120 0 'Pole Services (Street Li! 0 - 170 0.00 0 0 0 t--------+------------------------------------t------------------------------------+-----------------t-----------------t-----------------t-----------------•--------•---------------------------'---------'---------`-------- (PoleServices (Street Light 0.00 0 0 --------------- 0 245 0.00 0 0 0 'Pole Services (St- 0.00 0 0 0 457 0.00 0 0 0 'Pole 5ervices = 0.00 0 0 0 457 0 'Pole Services 15 0 Sound Energy P1545290 - Grant Number: 1 Pagel 4/21/2025 RESOLUTION NO. -25 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONSERVATION GRANT AGREEMENT WITH PUGET SOUND ENERGY FOR AN INCENTIVE ASSOCIATED WITH COMPLETED ENERGY -EFFICIENT STREET LIGHTING WORK UNDER THE RELIGHT WASHINGTON PROGRAM - CITY OF PORT ORCHARD PHASE 2 WHEREAS, the City of Port Orchard is committed to improving energy efficiency and reducing long-term utility costs through strategic upgrades to municipal infrastructure; and WHEREAS, as part of the Transportation Improvement Board (TIB) Phase 2 project, the City partnered with Puget Sound Energy (PSE) to retrofit existing streetlights with energy -efficient LED fixtures; and WHEREAS, the work was performed under the City's Master Lighting Services Agreement with PSE (Contract No. 036-18), and was authorized through Custom Street Lighting Order No. 101145194, executed on October 3, 2024; and WHEREAS, the streetlight retrofit work has since been completed and qualifies for an energy efficiency incentive under PSE's Relight Washington Program, as outlined in Electric Schedule 83 and Gas Schedule 183 on file with the Washington Utilities and Transportation Commission (WUTC); and WHEREAS, PSE has offered a conservation grant in the amount of $6,557.00, to be applied as a credit toward the construction costs associated with the completed improvements, with no direct payment to be issued to the City; and WHEREAS, the Port Orchard City Council finds it in the best interest of the City to accept the grant and complete the associated documentation; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute the Conservation Grant Agreement with Puget Sound Energy, attached hereto as Exhibit A and incorporated herein by this reference, and to execute all other documents necessary to carry out the terms and intent of this Resolution. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. 11078527.1 - 366922 - 0001 12 Resolution No. -25 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 22 day of JULY 2025. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 11078527.1- 366922 - 0001 13 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Authorizing the Mayor to Execute a Custom Street Lighting Order with PSE for the Port Orchard TIB Phase 5 Project, Pursuant to the Existing Master Lighting Services Agreement (Hammer) Meeting Date: July 22, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Chris Hammer, City Engineer Summary and Background: The City of Port Orchard entered into a Master Lighting Services Agreement with Puget Sound Energy (PSE) on April 2, 2018 (Contract 036-18), which allows the City to issue Custom Street Lighting Orders to PSE to support infrastructure and capital projects. For the Port Orchard TIB Phase 5 project, the Bethel Corridor improvement project, the City coordinated with PSE to develop a Custom Street Lighting Order under Schedule 53 (Electric Tariff G). This order includes the installation of 87 LED luminaires of varying wattages and styles throughout the project area. The lighting will enhance roadway safety, visibility, and energy efficiency, while reducing long-term maintenance costs. The Custom Street Lighting Order was issued under Order #101173219, dated June 12, 2025. Relationship to Comprenhensive Plan: Chapter 8 - Transportation Recommendation: Staff recommends the City Council authorize the Mayor to execute the Custom Street Lighting Order with Puget Sound Energy for the Port Orchard TIB Phase 5 project. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Custom Street Lighting Order with Puget Sound Energy for the Port Orchard TIB Phase 5 Project. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Lighting installation and improvements is included in the 2025-2026 budget. The estimated construction cost for the lighting installation is $10,370.86. Monthly energy and maintenance charges will apply and are billed according to PSE's Schedule 53. These costs are covered by Transportation Improvement Board (TIB) funding. 14 The agreement includes a minimum service term of 25 years. If the City ends the agreement early, it will be responsible for removal and salvage costs. Alternatives: Do not approve and provide further direction. Attachments: TIB Port Orchard Ph 5 2025_SCH_53_Jurisdiction_Exhibit A_Order.pdf RESOLUTION_-_PSE_TI B_Phase_5.doc 15 PUGET SOUND ENERGY EXHIBIT A Form of Custom Street Lighting Order PROJECT NAME: Port Orchard TIB Ph 5 Order #: 101173219 LOCATION: Various CUSTOM STREET LIGHTING ORDER — SCHEDULE 53 This Custom Street Lighting Order (this "Order"), dated June 12, 2025, is made and entered into by and between PUGET SOUND ENERGY, INC. ("PSE") and City of Port Orchard ("Customer") (each a "Party," and collectively the "Parties") under and pursuant to the terms of that certain Master Lighting Services Agreement No. 0023, dated 4/2/2018, between the Parties (the "Agreement"). This Order covers certain Lighting and Construction Services authorized by this Order and is, along with the associated Schedule, incorporated into and made a part of the Agreement. Unless specifically defined otherwise herein, terms used in this Order with initial letters capitalized have the meanings given them in the Agreement. The Parties agree as follows: ASSOCIATED SCHEDULE: This Order is also entered into between the Parties in accordance with PSE's Schedule 53, Electric Tariff G, and any future modifications of or changes to such Schedule as may be approved by the WUTC. LIGHTING SERVICES DESCRIPTION: The estimated cost for installing these lighting units is $10,370.86 Description: Install: Luminaires: Qty2 Wattage 31W Type LED Style Dayform Color Temp 3K Paint Color Black Luminaires: Qty46 Wattage 39W Type LED Style CHFL Color Temp 3K Paint Color Grey Luminaires: Qty 1 Wattage 71W Type LED Style CHFL Color Temp 3K Paint Color Grey Luminaires: Qty 1 Wattage 98W Type LED Style CHFL Color Temp 3K Paint Color Grey Luminaires: Qty2 Wattage 237W Type LED Style CHFL Color Temp 3K Paint Color Grey Luminaires: Qty 14 Wattage 39W Type LED Style CHFL Color Temp 3K Paint Color Grey -1- 16 Luminaires: Qty 20 Wattage 98W Type LED Style CHFL Color Temp 3K Paint Color Grey Luminaires: Qty 1 Wattage 149W Type LED Style CHFL Color Temp 3K Paint Color Grey Additional description: Flagging is included CONSTRUCTION SERVICES DESCRIPTION: CONSTRUCTION SERVICES AND COSTS BILLING: Upon completion of the Construction Services, PSE shall provide the Customer with an invoice for the Construction Costs incurred by PSE. Customer shall remit payment to PSE for the Construction Costs within thirty (30) days of receiving the invoice. If the actual Construction Costs either exceed, or are below, the estimated Construction Costs, the Customer will be billed or credited the difference between the estimated Construction Costs and the actual Construction Costs BILLING: Billing under this Order will be in accordance with the terms and conditions contained in the terms & conditions of Schedule 53, Electric Tariff G, and the Agreement, and any future modifications of or changes to such Schedule as may be approved by the WUTC. Refer to Schedule 53 on PSE.com for current rates. PSE's standard installation includes Smart Street Light Controls on all LED lights. If this installation includes Smart LEDs, the monthly energy charge will be calculated as measured kWh x rate. If the installation does not include Smart LEDs, the monthly rate is a flat rate based on wattage. SERVICE TERM/REMOVAL AND SALVAGE COSTS: Service under this Order is effective for a minimum of twenty five (25) years from the date of this Order (the "Base Term") unless earlier terminated as provided for in the Agreement. If this Order is terminated for any reason during the Base Term, the Customer shall be responsible for all costs of removal of any Facilities associated with the Services, as well as any costs associated with PSE's efforts to salvage the removed Facilities, as set forth in the applicable Schedule. After the expiration of the Base Term, this Order shall continue on a year-to-year basis until terminated by either Party upon at least one (1) year's notice in writing (each, an "Extended Term" and, together with the Base Term, the "Term") unless earlier terminated as provided for elsewhere in this Agreement. The Term may be adjusted by PSE in writing for existing systems purchased by PSE, based on the estimated remaining life and purchase price. If -2- 17 this Order is terminated during any Extended Term, the Customer shall not be responsible for the costs of removal of any Facilities associated with the Services, or any costs associated with PSE's efforts to salvage the removed Facilities. ADDITIONAL TERMS: 1. To transfer the energy and maintenance monthly billing, the new billing party must contact PSE in writing. 2. Non-standard facilities are not kept in PSE inventory for the purpose of maintenance; therefore replacement of non-standard components may not be within the same time as replacement of standard components. Are non-standard components included in this Order? Yes ❑ No M 3. The monthly billing party for the energy and maintenance will be: City Of Port Orchard This Order, executed by Customer's duly authorized representative as of the date first written above, is for the Lighting Services described above delivered under PSE's Schedule 53. Customer: City of Port Orchard Signature: Printed Name: Title: Company: Puget Sound Energy, Inc. Signature: Printed Name: Title: Date: Date: -3- 18 RESOLUTION NO. 2025- A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CUSTOM STREET LIGHTING ORDER WITH PUGET SOUND ENERGY FOR THE PORT ORCHARD TIB PHASE 5 PROJECT, PURSUANT TO THE EXISTING MASTER LIGHTING SERVICES AGREEMENT. WHEREAS, the City of Port Orchard previously procured and executed a Master Lighting Services Agreement (Contract No. 036-18, dated April 2, 2018) with Puget Sound Energy (PSE) for the provision of street lighting installation and maintenance services; and WHEREAS, the City seeks to proceed with lighting improvements for the Port Orchard TIB Phase 5 project, the Bethel Avenue Corridor project, under PSE's Schedule 53 (Electric Tariff G); and WHEREAS, PSE has prepared a Custom Street Lighting Order (Order #101173219), dated June 12, 2025, outlining the scope of services and an estimated construction cost of $10,370.86; and WHEREAS, the City has reviewed the proposal consistent with the Master Lighting Services Agreement and confirmed the proposal is consistent therewith; and WHEREAS, the proposed services are consistent with the City's objectives to improve public safety and energy efficiency through upgraded LED lighting infrastructure, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council hereby authorizes the Mayor to execute the Custom Street Lighting Order #101173219 with Puget Sound Energy for the Port Orchard TIB Phase 5 project. THAT: The Mayor is further authorized to execute any related documents necessary to implement the Order, consistent with the Master Lighting Services Agreement. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of JULY, 2025. 19 Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 20 ORCHAR6 Meeting Location: Council Chambers 216 Prospect Street Port Orchard, WA 98366 City Council Minutes Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www.portorchardwa.gov Regular Meeting of Tuesday, June 10, 2025 Roll Call was taken by the City Clerk as follows: Present: Scott Diener, Mayor Pro-Tempore, Position No. 3 Fred Chang, Councilmember Position No. 6 John Morrissey, Councilmember, Position At -Large Heidi Fenton, Councilmember, Position No. 5 Robert Putaansuu, Mayor Eric Worden, Councilmember, Position No. 4 Jay Rosapepe, Councilmember, Position No. 2 Mark Trenary, Councilmember, Position No. 1 Staff present via Zoom: Public Works Director Ryan, Finance Director Crocker, City Attorney Archer, Chief of Police Brown, HR Manager Lund, City Clerk Intern Sorensen and Deputy City Clerk Floyd. Audio/Visual was successful. 1. CALL TO ORDER A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA In regards to Consent Agenda Item 4D Adoption of a Resolution Approving Updated Right of Way Procedures and Repealing Resolution No. 080-22, Councilmember Chang stated he is an employee of DOT [Department of Transportation] but he does not benefit financially from this resolution. He asked if anyone would like him to recuse himself from voting, and hearing no objection, he will move forward with voting on the Consent Agenda. Moved by Jay Rosapepe; seconded by Scott Diener to Add a Discussion Item on Impact Fees. Motion Carried: 7 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey 21 June 10, 2025, City Council Meeting Minutes Page 2 of 6 Voting Against: None Moved by Jay Rosapepe; seconded by Mark Trenary to Approve the agenda as amended. Motion Carried: 7 - 0 Voting For: Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey, Fred Chang, Mark Trenary Voting Against: None 3. CITIZEN COMMENTS Kevin Fox has a group home on Harrison Avenue. He is asking for assistance with parking as the posted time limite is causing issues and parking tickets for workers and residents of the home. Karen Hayak has a business in downtown Port Orchard and voiced concerns about limited parking for businesses and customers who want to frequent the shops. Pat St. Laurent, Kelly May, Ian Wilhelm, Josephine Blanton, Ron Rider, Tamara Peterson and Mary Johnson, voiced concerns with the nightly disturbance of loud vehicles and speeding/racing in downtown Port Orchard. Mayor Putaansuu explained the downtown locations where this is happening is the Port of Bremerton's property and they are working on creating signage so the police department can enforce. Gerry Harmon voiced concerns with the excessive noise from vehicles. She also spoke about vehicles running red lights and suggested getting cameras at certain intersections. 4. CONSENT AGENDA Moved by Jay Rosapepe; seconded by Scott Diener to Approve the Consent Agenda as presented. Motion Carried: 7 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None A. Approval of Vouchers and Electronic Payments Approval of Voucher Nos. 89110 through 89131 and 89137 through 89145 including bank drafts in the amount of $507,182.56 and EFT's in the amount of $960,406.06 totaling $1,467,588.62. B. Approval of Payroll and Direct Deposits Approval of Payroll Check Nos. 89132 through 89136 including bank drafts and EFT's in the amount of $306,057.78 and Direct Deposits in the amount of $297,351.34 totaling $603,409.12. 22 June 10, 2025, City Council Meeting Minutes Page 3 of 6 C. Adoption of a Resolution Authorizing the Mayor to Execute a contract with Specialized Pavement Markings, LLC for Line Striping D. Adoption of a Resolution Approving Updated Right of Way Procedures and Repealing Resolution No. 080-22 E. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 5. PRESENTATION A. Sewer Rate Study Public Works Director Ryan, Finance Director Crocker, Tage Aaker from the [CS Group, and Zach Hazel from the Bowman Group, provided a presentation 'City of Port Orchard Sewer Rate Study' which included an Agenda, Study Overview, Rate Increase History, Bi-monthly Sewer Rates (SFRs) vs. Inflation, Financial Policies, Introduction to Ratemaking, Operations and Maintenance Cost Increases, Capital Funding Philosophy (after Outside Funding), Capital Improvement Program, Capital Spending Forecast, Capital Funding Strategy (2025-2030), Revenue Requirement Summary, How Will Costs be Equitably Distributed?, Allocating the Costs of Service, COSA Results, Current Rate Schedule, South Kitsap Water Reclamation Facility (SKWRF) Contract, ERU Update, Rate Calculation, Sample Bills -Residential, Sample Bill -Small School, Sample Bill -Large Restaurant (150 seats or more), Sample Bill -County Jail, Sample Bill -Small Restaurant, ERUs with Proposed Increases, Rate Survey-Bi-Monthly SFR Bill 10 CCF, and Summary. In summary, Finance Director Crocker indicated this will be brought back before Council late summer or early fall and will not be implemented until 2026. B. Employee Inclusion Commission Annual Report to City Council HR Director Lund, Human Resource Analyst Spalding, Police Services Specialist Humphrey, and Deputy Police Chief Iwashita provided a presentation Inclusion Commission 2025 Annual Report to Council which included an Agenda, Background, What is Inclusion?, What is Inclusion Commission?, Why Pursue Inclusion?, Goals, Inclusion Commission Goals, A Look back at 2024, Inclusion Commission Activities, Learning Opportunities for all Employees, Our Biggest Project in 2024, And Our Employees Said..., Opportunities for the Inclusion Commission and Management, Impact of Survey Results, Plans for 2025, Moving Forward, Communicate -Communicate - Communicate, Am I Safe?, and Sustainability. 6. PUBLIC HEARING There were no public hearings 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving the 2025 Comprehensive Plan Update Moved by Mark Trenary; seconded by John Morrissey to Approve the 2025 Comprehensive Plan Amendments as recommended by the Planning Commission. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey 23 June 10, 2025, City Council Meeting Minutes Page 4 of 6 Voting Against: None B. Adoption of an Ordinance Approving the Updated Commute Trip Reduction Plan Moved by John Morrissey; seconded by Scott Diener to Adopt an ordinance adopting the Commute Trip Reduction Plan as presented. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None C. Approval of a Memorandum of Agreement between the US Army Corps of Engineers, the State Historic Preservation Officer, Recreation and Conservation Office, Washington Trust for Historic Preservation, and the City of Port Orchard for the City's Community Event Center and Waterfront Plaza projects Moved by Fred Chang; seconded by Heidi Fenton to Approve an MOA between the City of Port Orchard, the US Army Corps of Engineers, the State Historic Preservation Officer, Recreation Conservation Office, and Washington Trust for Historic Preservation as presented. Motion Carried: 7- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None 8. DISCUSSION ITEMS A. Transportation Impact Fees Community Development Director Bond provided a presentation 'Transportation Impact Fees Preferred Alternative' which included Consultant Alternatives A ($7,044 per trip), Alternative B ($8,998 per trip), and Alternative C ($10,181 per trip), Alternative A vs. Alternative B, Council Rankings, and Preferred Alternative. During the May 20, 2025, City Council Work Study meeting, Councilmembers had requested to split the difference between Alternatives A and B. Adjusting the fee requires adding or subtracting projects. Additionally, a survey had been sent to Councilmembers, asking them to rate 12 projects from highest priority to lowest priority. The results: Project 1 -Bay Street Pedestrian Pathway West Ph. 1, Project 2 -Bay Street Complete Street, Project 3 -Bay Street Reconstruction Ph. 2, Project 4 -Sidney Avenue Improvements, Project 5 -Bay Street Pedestrian Pathway West Ph. 2, Project 6-Sedgwick Road West Design/ROW, Project 7 -Bay Street Reconstruction Ph. 3, Project 8- Bethel/Sedgwick Corridor Ph. 2, Project 9-Salmonberry Road Widening, Project 10 -Bay Street and Port Orchard Boulevard Roundabout, Project 11- Sedgwick Road West Construction, and Project 12 -Old Clifton Road/Feigley Road Roundabout. 24 June 10, 2025, City Council Meeting Minutes Page 5 of 6 Preferred alternatives are; 1. Alternative A plus projects 1-7; 2. Alternative A plus projects 1-7, 10-11; 3. Alternative A plus projects 1-7, 9; and 4. Alternative A plus projects 1-8. Councilmember Rosapepe at first indicated he would like Alternative 4, but changed to Alternative 2. Councilmembers Chang, Diener, Worden, Fenton, would like Alternative 2. Councilmember Morrissey would like Alternative 1. Mayor Putaansuu said as 5 Councilmembers would like Alternative 2, we will move forward with that Alternative. 9. REPORTS OF COUNCIL COMMITTEES A. Council Committee Routine Meetings Councilmember Morrissey reported on the June 9, 2025, Economic Development and Tourism Committee meeting. 10. REPORT OF MAYOR The Mayor reported on the following: • Upcoming AWC Annual Conference and voting delegates. • Rice Fergus Miller will provide an update of the Community Events Center on July 15th. • Semi parking at Bravo Terrace. • Boo Bash public event. • Three million dollar award for the Bay Street project. • Kitsap Bank and Community Events Center update. • Student field trip to City Hall. • Youth Engagement. • Letter received from the City of Gig Harbor recognizing Chief of Police Brown for serving as their mentor executive to help the Gig Harbor Police Department navigate the Washington State accreditation process. 11. REPORT OF DEPARTMENT HEADS Public Works Director Ryan reported on the Foster Pilot Program, voluntary water conservation efforts, sanitation contract update, and elevator repair. Finance Director Crocker reported on the new solar panels. Community Development Director Bond reported on the pre -approved ADU program and attendance at the Saturday Farmers Market. Chief of Police Brown reported the Port of Bremerton has signed a trespass agreement and put up signage in the downtown parking lots that will allow them to start enforcing. He strongly urged people to call 911 to report issues. A brief discussion was held regarding noises and speeding downtown. 25 June 10, 2025, City Council Meeting Minutes Page 6 of 6 Deputy City Clerk Floyd reported on the July 5th Coffee with Council and upcoming Kitsap Building Association bus tour. 12. CITIZEN COMMENTS Shannon Turner voiced appreciation for the City's Inclusion Commission. In response to Gerry Harmon, Mayor Putaansuu said the parts for the elevator have been ordered and repairs will be made as soon as they arrive. 13. GOOD OF THE ORDER Councilmember Worden reported on the 2025 Senior Grad Parade and thanked various staff and Councilmembers for their hard work on, and during, the event. Councilmember Morrissey reported on the June 7th Coffee with Council. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 9:24 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 26 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Presentation: LEAN Management Report (Bond) Meeting Date: July 22, 2025 Prepared By: Nick Bond, AICP, Community Development Director Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The City's Department of Community Development recently utilized a program provided by the State Auditor's Office to conduct a Lean Process Review Workshop looking at opportunities for improvement in the City's permitting process. The project focused on reviewing single-family building permits from application submittal to issuance of a certificate of occupancy. The presentation will review process mapping, identify process waste and bottlenecks, and identify priorities and opportunities to reduce waste. Much of what was learned through this process has benefits to other permit types and processes. More information is available on the state's program here: https://sao.wa.gov/improving-government/lean-services Relationship to Comprenhensive Plan: N/A Recommendation: Director Bond will provide a presentation on the recently completed Lean Workshop. Motion for Consideration: N/A Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: N/A Alternatives: N/A Attachments: 27 Ong City of Port Orchard OI'HARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Presentation: Development Activity (Bond) Meeting Date: July 22, 2025 Prepared By: Nick Bond, AICP, Community Development Director Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The Department of Community Development has prepared a presentation to share information on private development projects occurring within Port Orchard. Relationship to Comprenhensive Plan: N/A Recommendation: Director Bond will make a presentation on current development and permitting activity in the City. Motion for Consideration: N/A Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: N/A Alternatives: N/A Attachments: Development Activity July 17, 2025.pdf 28 ORCHARD, Port Orchard Development Projects Nicholas Bond, AICP— Department of Community Development Director July 14, 2025 29 Kitsap Bank • Shoreline Substantial Development Permit Approved • Building Permit Application Submitted and Under Review • Land Disturbing Activity Permit Submitted and Under Review L °ab0 'P1' I I _ • 4; RETAILBANK 1 30 iliPiIII am' T�4 . 4 M • 39 Apartments • Ground Floor Retail 429 Bay Street • Construction Underway • Former Lighthouse Restaurant Site (aka Cheers, Tweten's) 32 FOREST SONG .mom ,_w ■ mom. MUMM PPM© UNTT, WITx Forest Song - Forest Song Apartments -192 Units \ \ • : \ . ii& , z» . } ±!L7 �. .,, �/� . . � ! /e I ^ ' r)iZ - - },2 d f \� { - . — -• 33 • Construction 2026 W Kitsap Transit Park and Ride • Future Development Pads TBD • Sidney Road SW to be Improved • Lift Station Site to be Dedicated to City • Sewer improvements in Sidney Road SW to be constructed • Development Agreement Proposed Stetson Heights/Stetson Ridge Total of 412 Lots Stetson Heights — All Lots Have Houses Stetson Ridge — Houses Under Construction — Contains 108 of 412 lots Tq. 35 Flfrpyl McCormick East Preliminary Plat • Preliminary Plat Application Filed • 159 Lots Proposed • Connects to Stetson Heights and McCormick Woods Drive �Plopx 5 -IM 7p dL6 36 McCormick Woods Remaining Phases • Parcels F, H, J, K, L, and M total 597 Lots. • Older map shows parcel locations, but not current layouts. • Parcel F, H, and M are in review for preliminary plat. v _ PARCEL F 1• INN AND CNFEE4CE CENT / ' msrriwnrvinrnrurruenarm� PER Mc0M WODCS P�. - /// ..y^ mAwiiutr MY Ma5[i MPPPn�• 8E-QPIAENYYfiACT - - 1 — ro �+W�io3i1 </puS'm a . Wn SNLn'uPRWh PARH r _ `PARL wrun nwxrmm / /sc..unxe33wwno PARCEL K . / 37 •• 1,545 total lots McCormick • Divisions 11-14 Recorded West Trails • Divisions 15 (123 lots) and 18 (71 lots) being cleared 38 McCormick Village • Commercial • 20,000 square feet • McCormick Village Residential • Single Family Homes • ADUs • 4-plexes • 8-Plexes • 400 Total Housing Units 39 _ 1Y11 M'�e• , z r x. a �� ;-'�. 5 VV - � . ■ I ■ ■.■.K ■ ♦ r �� ■s.J !■ sr * Illrrliili i ■ 7 777y77�7�! 7777:1l171A�71�R1 1 11 ,�� McCormick Village Park • New NW Entrance to Park • Pickleball Courts • Trailhead • Paved Pathway • Parking • Landscaping 41 Riverstone Plat and Bridgeview Apartments • Bridgeview Apartments: 136 Units • Riverstone Plat: 39 Lots 42 Contour Apartments • Contour Apartments: 24 Units • Includes extension of Harold to Lund 43 The Home Depot • Development Agreement Proposed • LDAP Submitted • Construction delayed because company is waiting for Bethel Phase 1 project to be completed. • Construction 2027? II 11911 L - I - IR � 1 YIVEp aLI •, ^-xEe,,C •y Fsscfl�y 1 Ij _ �� L _I1:1 i •A'ETL I _ I zaw, m �,, II le- __ _ '"• _'rs I WATEN ' TREATMENT/7 REATMENT /j1 n•r, �. �w-1 - I E•. j j r -EA U�i .. ; . Iii } E TE + i � � F. jj / 11911111 Ev -R4ES i ft Ift L kEws ....... a L' THE HLUE PEPQT FT E II !1Z M Nr nga.EL l-::.,;.:!1:. SAILS A1F11 ?ARCEL' isiORUEk �+ rns; �• • 1 ... ; i2,2 I - Eu:I.P:YYxi •r I.I -IL f" • I i REMAINDER WETLANDS PARCEL [6,25 AC) 11 11 � 44 W. wruscs�x��: — z — - xe W 0Lwr' SI, S a l m o n b e r ry ;iM �_____ • Mix p .. 1 I r A artments +4}.°{ ' "iYl 4WEA i+467PwS I - - •�v M we — - . nEa • W77h• sa: • 28 Apartments 1..... • Dedicated Access to Home 'P Depot Site �} V I • LDAP Issued I - [fin ��r, •�•. • MultifamilyTax Exemption �YJ• �]'S I1'fi']'l rri 45 _, 2-0 r 3.04' 3-133 2-072 201 ---L——T H Blueberry Apartments Phase 2 • 102 Apartments Proposed • In Permitting a 47 Meyer's Sedgwick (Ramsey Apartments) • The Ramsey Mixed Use - 99 Units • Multifamily Tax Exemption • Retail Space • Starbucks recently completed 11 . TFE HEii IEFT +J y a 4 _ - L T -HE L E IH --- -T. � FII 3Ik.k IEiLL FI LY T RL r, F.tls: F T.[ ` L�....�.. _:', i 1 .. _iii 1I • }. i FFE F i 7EilF E h'..'3 .Ilc - - 4 r TT E T TF- T Jl�tll w,-��-„Yr 1 ET U JI 11H — T r EE ET -L c11 T �� 1, _ •T n. 1. `�uI ay 1 fir. t'La, i ii E + ' I T IIEli IF -Li r[r L- -E L I F T- E - 1 e cT FAT II HI E IF u ME c TII EL E E F -EF.T all -IL- t- TII - " T El T E J ant I F[ i ETT- E H LE 1¢T M F TII Eli — FE'M I e cFEF c ` I -csT F- T -E i-Ef TE - LAN1 v H L[ TII 48 L.. Housing Units Total Units 1000 500 Multi -Family Single -Family Middle Housing Commercial 50 n u s� Questions 51 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of a Resolution Authorizing the Mayor to Execute a contract with Active Construction, Inc. for Sidney Non -Motorized Improvement Project. (Hammer) Meeting Date: July 22, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Chris Hammer, City Engineer Summary and Background: The City identified the need for the Sidney Road Non -Motorized Improvements Project to improve pedestrian safety and accessibility along the Sidney Road corridor through the construction of sidewalks, drainage upgrades, and pedestrian -related infrastructure. The project is funded through a $1,394,750 award from the Washington State Safe Routes to School (SRTS) Program, accepted by the City Council on October 12, 2021. With design complete, the City published an Invitation to Bid (ITB) in the Kitsap Sun and Daily Journal of Commerce on June 30 and July 7, 2025, and released project documents via the Washington Builders Exchange and the City's website. Bids were due by July 15, 2025, at 2:00 p.m. A total of 8 bids were received and publicly opened. The lowest responsive, responsible, and qualified bidder was Active Construction, Inc. with a bid total of $2,724,724.00 including applicable taxes. Name of Contractor Bid Total Active Construction Inc $2,724,724.00 Sound Pacific Construction $2,861,079.70 Titan Earthworks $3, 125,165.44 Reed Trucking & Excavation $3,131,977.97 $3,237,521.37 $3,442,188.11 Miles Resources Ceccanti, Inc. NW Cascade $3,643,814.37 Mike McClung $4,039, 304.56 City staff reviewed all submitted bids and confirmed compliance with applicable public works contracting requirements. On July 15, 2025, Public Works staff completed the MRSC Mandatory Bidder Responsibility Checklist and verified that the bid submitted by Active Construction, Inc. was the 52 lowest responsive, responsible, and qualified bid. Relationship to Comprenhensive Plan: 8 - Transportation Recommendation: Staff recommends that the City Council authorize the Mayor to execute a Public Works Contract with Active Construction, Inc. for the Sidney Road Non -Motorized Improvements Project. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Public Works Contract with Active Construction, Inc. for the Sidney Road Non -Motorized Improvements Project. Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: The 2025-2026 Biennial budget provides $3,071,000 for the Sidney Road Non -Motorized Improvements Project including a 2nd Force Sewer Main and an additional $910,000 for Street Preservation. The Construction contract presented will complete the Sidney Road Non -Motorized Improvements, 2nd forced Sewer Main, and selected preservation street projects for 2025 at a total cost of $2,724,724. A budget amendment will not be necessary to fund this contract at this time. The Sidney Road Non -Motorized Improvements Project, 2nd Force Sewer Main and Street Preservation will be funded from a myriad of sources. The funding sources include a $1,394,750 grant from the Washington State Safe Routes to School (SRTS) Program with the remaining funding sources coming from a combination of Transportation Impact Fee's (TIF), Sewer Capital Facility Charges (CFC), the General Fund. Grant funds will be applied toward eligible construction costs, and any remaining balance will be covered by City funds budgeted in the approved Capital Improvement Program. Execution of the contract will allow the City to obligate the awarded SRTS funding and move forward with construction in the 2025 season. Alternatives: Do not approve and provide further direction to staff. Attachments: Resolution-Sidny Non-Motorized.doc CONTRACT PACKET - Sidney NonMotorized.pdf 53 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC WORKS CONTRACT WITH ACTIVE CONSTRUCTION INC FOR THE SIDNEY ROAD NON - MOTORIZED IMPROVEMENTS PROJECT. WHEREAS, the City identified the need for the Sidney Road Non -Motorized Improvements Project (the "Project"), to improve pedestrian access and safety along the Sidney Road corridor through sidewalk construction, drainage upgrades, signage, and related pedestrian improvements; and WHEREAS, on October 12, 2021, the Port Orchard City Council committed to the Project by accepting a funding award of $1,394,750 through the Washington State Safe Routes to School (SRTS) Program; and WHEREAS, with the design now complete, pursuant to State law and the City's Procurement Policies as adopted by Resolution No. 073-23, the City's Public Works Department utilized formal bidding and published an Invitation to Bid (ITB) for the Project; and WHEREAS, the Invitation to Bid (ITB) was published in the Kitsap Sun and the Daily Journal of Commerce on June 30, 2025, and July 7, 2025, and on June 30, 2025, the bid documents were made available to the public via the Washington Builders Exchange and the City's website; and WHEREAS, on July 15, 2025, by the 2:00 p.m. bid deadline, the City Clerk received eight (8) sealed bids for the Project; and WHEREAS, the City reviewed all bid submittals in accordance with state law and City procurement policies, confirmed compliance with bidding requirements, and completed the MRSC Mandatory Bidder Responsibility Checklist on July 15, 2025; and WHEREAS, Active Construction Inc was determined to be the lowest responsive, responsible, and qualified bidder, with a bid in the amount of $2,724, 724.00 including applicable taxes; and WHEREAS, the Port Orchard City Council, consistent with the recommendation of the State Auditor's Office, wishes to formally document the selection and procurement process for this contract by Resolution; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. 54 THAT: The City Council authorizes the Mayor to execute a Contract, in a form acceptable to the City Attorney, with Active Construction Inc for the Sidney Non -Motorized Improvement Project, in the amount of $2,724,724.00 (applicable sales tax included). THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 22nd day of July, 2025. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC 2 55 CONTRACT CITY OF PORT ORCHARD SIDNEY ROAD NON -MOTORIZED IMPROVEMENT PROJECT CONTRACT NO. THIS CONTRACT ("Contract") is made and entered into this 22nd day of July 2025, 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 Active Construction, Inc. hereinafter called the "Contractor." WITNESSETH: General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, Sidney Road Non -Motorized Improvement Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated July 15, 2025, 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 2025 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 7/15/2025 together with the Instructions to Bidders. Exhibit B — The Project Manual for the Sidney Road Non -Motorized Improvement Project Exhibit C — Retainage Options Exhibit D — Climate Commitment Act Branding Requirements. All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. 56 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 125 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); 57 • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Title VI of the Civil Rights Act of 1964 The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate 58 directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth herein, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 59 Ill. 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 they have been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, 60 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 Dollars ($ ) with as Surety, to ensure full compliance, execution and performance Contractor in accordance with all its terms and provisions. VI. Independent Contractor. of this Contract by the 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. 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. 61 VIII. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. 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. 62 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. 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. X. 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. XI. 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 63 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. XII. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 64 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 of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $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. 65 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 A:VII. G. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIII. 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. XIV. 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 66 Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. 67 CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney NOTICES TO BE SENT TO: CONTRACTOR: NAME ADDRESS TELEPHONE Email Name: 216 Prospect Street, Port Orchard, WA 98366 TELEPHONE Email @portorchardwa.gov With a copy to the City Clerk at the same address 68 EXHIBIT_c 5% RETAINAGE INVESTMENT OPTION1 Contractor: Project Name: Date: Project Number: 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 indicating your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: 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 AGREEMENT. Preferred Bank: Securities/Bonds: ❑ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor. Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circumstance. Contractor's Signature Title i 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-. 69 SAVING ACCOUNT AGREEMENT TO BANK: SAVINGS ACCOUNT 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 as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification 70 hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. Contractor BY: Title: Date: Address: CITY OF PORT ORCHARD Agency Date: The above savings account agreement and instruction received and accepted this day of , 20 Bank Name Authorized Bank Officer 71 ESCROW AGREEMENT TO BANK: BANK'S ADDRESS: ESCROW NO.: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: PROJECT TITLE: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the AGENCY'S warrants) except in accordance with written instructions 72 from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 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. 73 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 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. 74 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD INSERT PROJECT NAME PROJECT PUBLIC WORKS PROJECT NO. PW -_ Bond to City of Port Orchard, Washington Bond No. We, , and (Principal) (Surety) a 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 Dollars ($ ), 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 ("Project") — Public Works Project No. ("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 loss resulting from the failure: 75 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 day of , 20 Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: 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. 76 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) ss. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the (check one of the following boxes): of_____________________________,the corporation, of_____________________________,the partnership, 0 individual, that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation, r partnership, r 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. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp 77 SURETY ACKNOWLEDGEMENT STATE OF ) ss. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp 78 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND NOTE: This form must be completed at Contract Completion. Before the Performance Bond or the retainage can be released, the City must receive the two year Maintenance /Warranty Bond Project #: Surety Bond #: Date Posted: Expiration Date: RE Project Name: Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% 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, 79 in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 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. 80 F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON , 20_ DEVELOPER/OWNER (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) 81 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: 82 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 83 84 ORCHARD City of Port Orchard Public Works Department 216 Prospect Street Port Orchard, WA 98366 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS Project Manual June 26, 2025 Prepared by: SCJ Alliance 2727 Hollycroft St, Suite 230 Gig Harbor, WA 98335 85 Advertisement for Bids ADVERTISEMENT FOR BIDS CITY OF PORT ORCHARD Sidney Road Non -Motorized Improvements Public Works Project No. PW2025-007 Notice is hereby given that sealed bids will be received at the office of the City Clerk for the City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 until 2:00 PM on July 15, 2025, for construction of the Sidney Road Non -Motorized Improvements, Project No. 2025-007. No proposals will be accepted after the above -stated time. Immediately following the above -stated time, the proposals will be publicly opened and read. The project consists of work to be performed within the specified number working days (per Section 1-08.5 of the Special Provisions) from notice to proceed, and consists of furnishing all materials, equipment, tools, labor, and other work or items incidental theretofore and as generally described as follows: Improvements of Sidney Road including new sidewalk, curb and gutter, asphalt pavement, sanitary sewer force main, drainage, RRFB crossing, pavement markings, signage, and landscaping. These improvements are allotted 100 working days. Alternate bid schedules for pavement repair on Prospect Street and Sidney Avenue. These improvements are allotted up to 25 working days as specified in Section 1-08.5 of the Special Provisions. The Engineer's construction estimate for this project is between $3,000,000 and $3,500,000. Access to bidding information (plans, specifications, addenda, and Bidders List) is available through City of Port Orchard's on-line plan room www.portorchardwa.gov/bids-and-proposals. Free -of -charge access is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects," "Public Works," and "City of Port Orchard." This on- line plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders "Register" in order to receive automatic email notification of future addenda and to place themselves on the "Self -Registered Bidders List." Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at 425-258-1303 should you require assistance. If you do not have access to the Web, you may make arrangements to pick up a plan set at the Port Orchard City Hall, City Clerk's Office, 216 Prospect Street, Port Orchard, WA 98366, 360-876-4407, for a NON-REFUNDABLE fee of $50.00. If you wish the bid documents mailed to you, add $10.00 to cover postage. Informational copies of any available maps, plans, specifications, and subsurface information are on file for inspection in the office of the Port Orchard Project Engineer, 216 Prospect Street, Port Orchard, WA 98366. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 13 86 Advertisement for Bids All bid proposals shall be accompanied by a bid security (bid deposit) in the form of a cash deposit, certified or cashier's check, postal money order, or surety bond made payable to the City of Port Orchard, for a sum not less than five percent (5%) of the amount of such bid, including sales tax. Should the successful bidder fail to enter into such contract and furnish satisfactory payment and performance bonds within the time stated in the Specifications, the bid security (bid deposit/bond) shall be forfeited to the City of Port Orchard. The award of the Contract will go to the qualified bidder submitting the lowest responsible and responsive bid. The City reserves the right to reject any and all bids or waive any informality or irregularity in the bidding and make the award as deemed to be in the best interest of the City and the public. 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, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. The City is an equal opportunity and affirmative action employer. Small and Minority -owned businesses, women -owned businesses, and labor surplus area firms are encouraged to submit bids. Notice is given to all potential bidders that any bid responses 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. Bidders are 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 may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective order from a Court. Please be advised, however, that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Published: Kitsap Sun — June 30, 2025, and July 7, 2025 Daily Journal of Commerce — June 30, 2025, and July 7, 2025 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page/4 87 Information and Checklist for Bidders INFORMATION AND CHECKLIST FOR BIDDERS The following supplements the information in the Advertisement for Bids: 1. Pre -Bid Conference Non -mandatory pre -bid conferences will be held on -site, meeting at the intersection of Sidney Road and Hovde at the following times: • Thursday July 3, 2025 at 11:00 AM • Thursday July 10, 2025 at 11:00 AM All potential bidders are encouraged to attend. This will be the only opportunity to ask direct questions related to the project. Information from the pre -bid conference will not be made available to bidders who do not attend. The Engineer will transmit to all prospective Bidders of record such addenda as the Engineer consider necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 2. Examination of Plans, Specifications, and Site Before submitting their bid, the Contractor shall carefully examine each component of the Bid Documents and any other available supporting data so as to be thoroughly familiar with all the requirements. The Bidder shall make an alert, heads -up, eyes -open reasonable examination of the project site and conditions under which the Work is to be performed, including but not limited to: current site topography, soil and moisture conditions; underground obstructions; the obstacles and character of materials which may be encountered; traffic conditions; public and private utilities; the availability and cost of labor; and available facilities for transportation, handling and storage of materials and equipment. 3. Property Issues All bidders shall base their bids upon full restoration of all property within the right-of-way and easements, and wherever Bidder will have right -of -entry. The easements and right of entry documents that have been acquired are available for inspection and review. The Bidder is advised to review the conditions of the permits, easements, and rights -of -entry, as they shall be required to comply with all conditions at no additional cost to the Owner. All other permits, licenses, etc., shall be the responsibility of the Bidder. The Bidder shall comply with the requirements of each. 4. Interpretation of Bid Documents The Bidder shall promptly notify Owner of any discovered conflicts, ambiguities, or discrepancies in or between, or omissions from the Bid Documents using the "Notice to Prospective Bidders" form provided herein. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 7 88 Information and Checklist for Bidders 5. Bidding Checklist All bids shall be submitted on the exact forms provided in these Bid Documents, and listed below. Failure to submit any of these forms may be grounds for rejection of the bid. Sealed bids for this proposal shall be submitted as specified in the Advertisement for Bids. Each bid must be submitted in a sealed envelope bearing on the outside the name and address of the Bidder, and the name and number of the project for which the bid is submitted. All bids will remain subject to acceptance for sixty (60) calendar days after the day of the bid opening. A. Proposal — Bidders must bid on all items contained in the Proposal. If any unit price is left blank, it will be considered no charge for that bid item, regardless of what has been placed in the extension column. ✓B. Subcontractors List — Must be completed 1—C. Bidder's Qualification Form — Regarding forms D and E, the Owner reserves the right to check all statements and to judge the adequacy of the Bidders qualifications. �. Bid Security— Bid Bond is to be executed by the Bidder and the surety company unless bid is accompanied by a cash deposit, cashier's or certified check, or postal money order. The amount of this bond shall be not less than five percent (5%) of the total bid, including sales tax, if applicable, and may be shown in dollars. Surety must be authorized to do business in the State of Washington, and must be on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. The bond form included in these Contract Provisions MUST be used; no substitute will be accepted. If an attorney -in -fact signs the bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. The bid bond/deposit of the successful Bidder will be returned provided they execute the Contract, furnishes satisfactory performance bond covering the full amount of work, provides evidence of insurance coverage, and other documents required by the contract documents within 14 calendar days after Notice of Award. Should they fail or refuse to do so, the Bid Deposit or Bond shall be forfeited to the City of Port Orchard as liquidated damages for such failure. iii. The Owner reserves the right to retain the security of the three lowest bidders until the successful Bidder has executed the Contract and furnished the performance bond. v E. Non -Collusion Declaration — DOT Form 272-036H EF included in these Contract Provisions must be returned with the bid proposal. !r F. Certification of Compliance with Wage Payment Statutes — Must be filled in and signed. `— G. Supplemental Criteria Information Form - Must be filled in and signed. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 18 89 Information and Checklist for Bidders 6. Contract Checklist The following forms are to be executed by the successful Bidder after the Contract is awarded. The Contract and Performance and Payment Bond are included in these Bid Documents and should be carefully examined by the Bidder. A. Contract — One copy to be executed by the successful Bidder. Bid and Contract Documents must be executed by the Contractor's President or Vice -President if a corporation, or by a partner if a partnership. In the event another person has been duly authorized to execute contracts, a copy of the resolution or other minutes establishing this authority must be attached to the Proposal and Contract documents. B. Performance/Payment Bond and Warranty Bond — One copy of each type of bond to be executed by the successful Bidder and his surety company. These bonds cover successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. and provide a warranty for the contract work. The bond forms included in these Bid Documents MUST be used; no substitutes will be accepted. If an Attorney -in -fact signs the bond(s), a certified and effectively dated copy of their Powevf Attorney must accompany the bond(s). C. Certificates of Insurance and endorsements — To be executed by an insurance company acceptabl® the Owner, on ACCORD Forms. Required coverages are listed in Section 1-07.18 of the Standard Specifications, as may be modified by the Special Provisions. The Owner shall be named as "Additional Insured" on the insurance policies. D. Selection of Retainage Option — Pursuant to RCW 60.28.010, 5% retainage will be retained until fulfillment of state and local compliance is documented. The retainage form should be completed by the successful bidder. E. Prevailing Wage Requirements — The Contractor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the Contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The project site is located in Kitsap County. The prevailing wage schedule in effect for the work under the Contract will be the one in effect updrtne prime contractor's bid due date with these exceptions: If the project is not awarded within six (6) months of the bid due date, the award date (the date the contract is executed) is the effective date. If the project is not awarded pursuant to bids, the award date (the date the contract is executed) is the effective date. Janitorial contracts follow WAC 296-127-023. For Project number PW2025-007 the prime contractor bid due date is July 15, 2025. Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration of the contract (unless otherwise noted in the solicitation). It is the responsibility of the Contractor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 9 90 Information and Checklist for Bidders The selected Contractor must submit to the Department of Labor and Industries, a "Statement of Intent to Pay Prevailing Wages". www.Ini.wa.gov/licensing-permits/public-works- proiects/contractors-employers/#required-documents-for-doing-the-work A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The Contractor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: "I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries." The selected Contractor must submit to the Department of Labor and Industries an "Affidavit of Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. www.Ini.wa.gov/licensing- permits/public-works-projects/contractors-employers/#when-the-work-is-done The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. Look up the prevailing rates of pay, benefit, and overtime codes from this link: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ A copy of the prevailing wage rates is available for viewing at the City of Port Orchard Department of Public Works. A hard copy will be mailed upon request. For prevailing wage questions, contact the Department of Labor & Industries at PW1@Lni.wa.gov or 360-902-5335. 7. Contractor Disqualification A bidder will be deemed not responsible, and the proposal rejected if the bidder does not meet the responsibility criteria outlined in Section 1-02.14 of these Special Provisions. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 10 91 Bid Proposal Form PROPOSAL CITY OF PORT ORCHARD Sidney Road Non -Motorized Improvements PROJECT NO. PW2025-007 To: Mayor and City Council City of Port Orchard, Washington 4G77�'VE C�15Ti�-uGTI0rtiT�G Contractor: State License No.: AG -T7- V G/ —/6 q— fL Date: 2/i15 AS Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that they have carefully examined the Contract Documents for the construction of the project, that they have personally inspected the site, that they have satisfied themself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that they have exercised their own judgment regarding the interpretation, of subsurface information and have utilized all data, which they believe pertinent from City and other sources and have made such independent investigations as the Bidder deems necessary in arriving at their conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that they have been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Contract Execution The Bidder agrees that if this Proposal is accepted, the bidder will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required by the 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. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 11 92 Bid Proposal Form Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of Contract Execution, they will meet with engineering personnel and begin work no earlier than the Notice to Proceed, and complete the construction within the number of working days corresponding to the preference determined per Sections 1-02.6 and 1-08.5 of the Special Provisions. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 12 93 Bid Proposal Form SCHEDULE OF CONTRACT PRICES Sidney Road Non -Motorized Improvements PROJECT NO. PW2025-007 NOTE: Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where conflict occurs between the unit price and the total amount named for any items, the Unit Price typed or printed and entered in ink shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. SALES TAX 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, unless identified separately in the Proposal. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 13 94 Addendum 1 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SCHEDULE A SAFE ROUTES TO SCHOOL IMPROVEMENTS Bid Proposal Form Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL Al 1-09 MOBILIZATION LS 1 LUMP SUM 2o, Ow 0 A2 1-04 MINOR CHANGE CALC 1 S 27,50000 S 27,500-00 A3 1-05 RECORD DRAWINGS (MIN BID S2,000) L S. 1 LUMP SUM 2 ®a (DO A4 1-05 ROADWAY SURVEYING L S. 1 LUMP SUM 2 e 0 A5 1-05 ADA FEATURES SURVEYING L.S. 1 LUMPSUM A6 1-07 APPRENTICESHIP INCENTIVE CALC 1 S 2,000,00 000, OO A7 1-07 APPRENTICESHIP PENALTY CALC 1 S (2000.00) (2®®®. 00) A8 1-07 SPCC PLAN L -S. 1 LUMP SUM � 5 00 A9 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 LUMPSUM /SZ !Z7 V A10 2-01 CLEARING AND GRUBBING L -S. 1 LUMP SUM 25 ow 00 All 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 LUMPSUM ADO, 0oo- Al2 2-03 ROADWAY EXCAVATION INCL HAUL C.Y. 1910 J �® i'! Q 7®, A13 2-03 GRAVEL BORROW INCL HAUL TON 1547 3Oa �/• 0O A14 2-09 STRUCTURE EXCAVATION CLASS B INCL HAUL C.Y. 890 2D. ( /, V� A15 2-09 SHORING OR EXTRA EXCAVATION CLASS B S.F 6300 / ©0 A16 4-04 CRUSHED SURFACING BASE COURSE TON 1250 3� O -75 (,gyp A17 4-04 CRUSHED SURFACING TOP COURSE TON 1120 /(/ A18 5-04 HMA CL. 1/2 IN PG 58H-22 TON 560 /514/ 00 o �// �1/ A19 5-04 COMMERCIAL HMA TON 60 21 a03Q0 ©'O(U' Oa A20 7-02 FLARED END SECTION 12 IN. DIAM EACH 1 1600. DD 1000 00 ¢ A21 7-02 FLARED END SECTION 12 IN. DIAM WITH TRASH GUARD EACH 1 DL -,r16 00 /c0. O A22 7-04 SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM- L F. 1010 7Q . GO )D. D A23 7-04 SOLID WALL PVC STORM SEWER PIPE 4 IN. DIAM. L.F. 40 QO ••AAp'✓�, fjzD �O A24 7-04 POLYPROPYLENE STORM SEWER PIPE 12 IN. DIAM LF 240 00 D 00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page J 14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 95 Addendum 1 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SCHEDULE A SAFE ROUTES TO SCHOOL IMPROVEMENTS Bid Proposal Form Bid Item No. WSDOT SPEC Description UNIT CITY. Unit Price TOTAL A25 7-04 SOLID WALL PVC PRESSURE RATED STORM SEWER PIPE 12 IN DIAM. L F. 250 1 OD 7 5b ®O A26 7.05 CATCH BASIN TYPE 1 EACH 6 u qs QD l 1 ')D. OD A27 7-05 CONCRETE INLET EACH 2 4 gDO 01 /_DO. -0p A28 7-05 CATCH BASIN TYPE 2 48 IN. DIAM EACH 6 ej CoOV , 000. QO A29 7.05 CATCH BASIN TYPE 2 72 IN. DIAM_ EACH 1 $LDDo, Da P1OD. DD A30 7-05 LOCKING SOLID METAL COVER AND FRAME FOR CATCH BASIN EACH 2 00 /C OP A31 7-05 ADJUST CATCH BASIN EACH 6 633 , 1jO 31JgQ v I0v00• A32 7-05 CONNECTION TO DRAINAGE STRUCTURE EACH 5 0��00 0O 0 A33 7-08 TRENCH VAPOR BARRIER S.Y. 360 0 0° -700iAo• DO A34 7-12 REPLACE VALVE BOX EACH 5 '74b a A35 7-14 RESETTING EXISTING HYDRANT EACH 1 ^(/ Da t70 A36 8.01 EROSION CONTROL AND WATER POLLUTION PREVENTION L S. 1 LUMP SUM 0 Apf0. OO W A37 8-02 TOPSOIL TYPE A S.Y. 40 S -Q / ) OQ t20 A38 8-02 BARK OR WOOD CHIP MULCH S.Y 40 S• DO po � A39 8-02 PSIPE PRUNUS LAUROCERASUS EACH 120 00 A40 8-02 SEEDING AND FERTILIZING S . 70 00-7oo.. 00 A41 8-04 CEMENT CONC TRAFFIC CURB L F. 160 U �r M DD A42 8-04 CEMENT CONC TRAFFIC CURB AND GUTTER L F. 2620 2. c' 6 6, gi0. CO A43 8-05 POTHOLE EXISTING UTILITY EACH 5 DO 175V ,J(/ OQ 3757) A44 8-05 ADJUST CABLE VAULT EACH 1 QO A45 8-09 RAISED PAVEMENT MARKER TYPE 2 HUND 089 DAVM. DO ?q0, DO A46 8-14 CEMENT CONC SIDEWALK S.Y. 1620 66 . Dc' V of 92a. D A47 8-14 CEMENT CONG CURB RAMP TYPE PARALLEL A EACH 1 3/co00 3 (DD. DO A48 8-14 CEMENT CONC CURB RAMP TYPE PARALLEL B EACH 2 3io� 0O & Z go. Qo (60 A49 8-14 CEMENT CONC. CURB RAMP TYPE COMBINATION EACH 2 3 r DO ZOO. 00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 115 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 96 Addendum 1 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SCHEDULE A SAFE ROUTES TO SCHOOL IMPROVEMENTS Bid Proposal Form Bid Item No. WSDOT SPEC Description UNIT CITY. Unit Price TOTAL A50 8-14 CEMENT CONC CURB RAMP TYPE PERPENDICULAR A EACH 4 3l w tP 1 Z I ®D O A51 8-14 CEMENT CONC CURB RAMP TYPE SINGLE DIRECTION A EACH 2 Z$OD, p0 S]„ Do DO JZSoo. A52 8-15 QUARRY SPALLS C.Y_ 10 Z5,0. DO 0O A53 8-20 RRFB SYSTEM AT SW BIRCH RD, COMPLETE LS 1 LUMPSUM iJd, DOS 00 A54 8-20 RRFB SYSTEM AT GLENWOOD RD SW, COMPLETE La 1 LUMP SUM 4 000. 00 A55 8-21 PERMANENT SIGNING L.S. 1 LUMPSUM (00 000. 00 A56 8-22 PLASTIC CROSSWALK LINE S.F. 770 q. 5D 1)O A57 8-22 PLASTIC STOP LINE LF. 100 DO 0o Oa (boo. A58 8-22 PAINTED WIDE LINE LF_ 3080 / 00 2080. 0O A59 8-22 PLASTIC BICYCLE LANE SYMBOL EACH 9 `-f v DO Y os OD TOTAL SCHEDULE A /✓' qqo, gyp City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page J 16 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 97 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SCHEDULE B ROADWAY RESURFACING Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL B1 1-04 MINOR CHANGE CALC 1 $ 10,000,00 S 10,000.00 B2 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 LUMP SUM o DO B3 4-04 CRUSHED SURFACING BASE COURSE TON 20 7f,. Q0 /s -2o 00 B4 4-04 CRUSHED SURFACING TOP COURSE TON 20 #7gD f c7D 00 B5 5-04 HMA CL. 1/2 IN. PG 58H-22 TON 890 /4 00 121 ) a20. Oo B6 5-04 PLANING BITUMINOUS PAVEMENT S.Y. 11800 q, ZS r"O, ISD. 00 B7 7-12 REPLACE VALVE BOX EACH 5 QGC M q1-OO BB 7-19 ADJUST VALVE BOX EACH 1 ii1J D0 OO B9 8-01 EROSION CONTROL AND WATER POLLUTION PREVENTION L.S. 1 LUMP SUM (5c0. !iO B10 8-13 ADJUST MONUMENT CASE AND COVER EACH 2 55D. DO �oO 00 B11 8-22 PAINT LINE L.F. 5630 0. 00 00 B12 8-22 PLASTIC LINE L,F, 280 6 00 /'fbo . ° B13 8-22 PLASTIC WIDE LINE L.F. 160 /% 50 /Ojo. 00 B14 8-22 PLASTIC TRAFFIC ARROW EACH 4 0D ( q 20 oo TOTAL SCHEDULE B�,7 q 75. Of O City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page J 17 98 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS SCHEDULE C SEWER FORCE MAIN Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL Cl 1-04 MINOR CHANGE CALC 1 $ 15,000.00 S 15,000.00 C2 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 LUMP SUM I O r 000 GO C3 2-09 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 4050 1 20 0O $ I OoO OO C4 2-09 SHORING OR EXTRA EXCAVATION CLASS B S.F. 31810 $ 0 , Z5 q J� . 50 C5 4-04 CRUSHED SURFACING BASE COURSE TON 1090 $ £5,00 qq,o o IN C6 4-04 CRUSHED SURFACING TOP COURSE TON 730 *5Z OO 137., q60 00 C7 5-04 HMA CL. 1/2 IN. PG 58H-22 TON 520 $ (55 /, rp /�.O0 C8 5-04 COMMERCIAL HMA TON 260 2.J573 g00.00 C9 7-17 HIGH -DENSITY POLYETHYLENE (HDPE) PIPE 10 IN. DIAM. L.F. 3430 115.00 3qy, L5Q•c:9 C10 7-19 AIR RELEASE ASSEMBLY LS 1 71 7, qGo. oo C11 7-19 ISOLATION VALVE EACH 2 $X1,00000 111 $Zr0oo 00 C12 8-01 EROSION CONTROL AND WATER POLLUTION PREVENTION L.S. 1 LUMP SUM 1,600. 00 SUBTOTAL SCHEDULE C $ f7 812 + 50 WASHINGTON STATE SALES TAX (9.3%) $ }O,q4 ( . 56 TOTAL SCHEDULE C v &3l 75'1. G TOTAL SCHEDULE A (� 1, / /t/0 ` (/i A4/ TOTAL SCHEDULE B yh 2G 2 92- 00 TOTAL SCHEDULE C J 833 '75Ld (l TOTAL BASE BID (SCHEDULE A + SCHEDULE B + SCHEDULE C) f g, Y , 5-7/ DO City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 118 99 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE Al PROSPECT STREET PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL Al -1 1-09 MOBILIZATION L.S. 1 ' OIL X50.00 Al -2 1-04 MINOR CHANGE CALC 1 $ 5,000.00 S 5,000.00 Al -3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 s' 3®o 00 `1'300.00 A1-4 4-04 CRUSHED SURFACING TOP COURSE TON 25 $ O.QJV $ 1 ig50. 00 Al -5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 180 $ 2 40O *5,210,00 Al -6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 TON 40 _ $ z q .00 $,3W, OO TOTAL ALTERNATE Al $211, q$o. 00 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE A2 SIDNEY AVE, LIPPERT TO GOLDENROD PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT L.S. QTY. 1 Unit Price (3 TOTAL A2.1 1-09 MOBILIZATION MINOR CHANGE ' 13300 A2-2 1-04 CALC 1 $ 5,000.00 S 5,000.00 A2-3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 yy L�' �0 C YJ 'G 500. 00 A2-4 4-04 CRUSHED SURFACING TOP COURSE TON 80 � 6,140, 00 A2.5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 650 31. £ J 20, I5Q0. 00 A2-6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 TON EACH 120 $TT 20 $ 2 ,0V0.00 A2-7 7-05 ADJUST MANHOLE 2 $7(>Q $ `t 0go.QO A2-8 7-12 ADJUST VALVE BOX EACH 6 $550.00 1` 300.00 A2-9 8-22 PAINT LINE L.F. 100 $ 1.00 `0Q. 00 TOTAL ALTERNATE A2 I/ g, ly3 _00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 19 100 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE A3 SIDNEY AVE, GOLDENROD TO MARCIA PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL A3-1 1-09 MOBILIZATION L.S. 1 il'O O0 f rc1i A3-2 1-04 MINOR CHANGE CALC 1 $ 5,000.00 S 5,000.00 A3-3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 f 3 00 CC $3 cioo. 00 A3-4 4-04 CRUSHED SURFACING TOP COURSE TON 60 $-A.00 $41Q 0.OO A3-5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 500 $ Z?.00 $ 1315. 0O A3.6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 TON 90 $203,co $1{{h 2.0.00 A3-7 7-12 ADJUST VALVE BOX EACH 2 $ 5E0,W t,j .0o A3-8 8-22 PAINT LINE L.F. 30 ? (.(j3 TOTAL ALTERNATE A3 LIC , 630. 00 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE A4 SIDNEY AVE, MARCIA TO ALPHA PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL A4-1 1-09 MOBILIZATION L.S. 1 `�0• OO 150.00 A4-2 1-04 MINOR CHANGE CALC 1 $ 5,000.00 S 5,000.00 A4-3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 1300. A0 1, 300.00 A4.4 4-04 CRUSHED SURFACING TOP COURSE TON 20 I V 00 { 5G0. O0 A4-5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 160 32.00 c,120.00 A4-6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 TON 20 203.00 0C©. 00 A4-7 8-22 PAINT LINE L.F. 15 1.OO 16 00 TOTAL ALTERNATE A4 (7 205. 00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 20 101 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE A5 SIDNEY AVE, ALPHA TO FIREWEED PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL A5-1 1-09 MOBILIZATION L.S. 1 $ 157®.00 A5-2 1-04 MINOR CHANGE CALC 1 $ 5,000.00 $ 5,000.00 A5-3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 7 00 0O 3,00 . 00 A5-4 4-04 CRUSHED SURFACING TOP COURSE TON 50 }$ OO 3,g0O .00 A5-5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 390 3t .OO rl ,logo. 00 A5-6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 TON 70 704 .W + ,2.O. 00 t'4 A5-7 7-05 ADJUST MANHOLE EACH 1 Q20, /1/ ` '2t').OO A5-8 7-12 ADJUST VALVE BOX EACH 1 550.00 6 50.00 AS -9 8-22 PAINT LINE L.F. 160 •QQ I Go . 00 TOTAL ALTERNATE A5 $ LI/ 4940 . 00 SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS ALTERNATE A6 SIDNEY AVE, FIREWEED TO STETSON PAVEMENT REPAIR Bid Item No. WSDOT SPEC Description UNIT QTY. Unit Price TOTAL A6-1 1-09 MOBILIZATION L.S. 1 QO . S0.0O A6-2 1-04 MINOR CHANGE CALC 1 $ 5,000.00 S 5,000.00 A6-3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 �®ona'A Z,Gpp.00 A6-4 4-04 CRUSHED SURFACING TOP COURSE TON 60 g.'', 00 {.1, Qw. 00 A6-5 5-04 PAVEMENT REPAIR EXCAVATION INCL. HAUL S.Y. 450 7 00/� /3,500.Co A6-6 5-04 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG 58H-22 . TON 80 203,00 1 r6, ZOO. 00 A6-7 8-22 PAINT LINE L.F. 170 /7O. TOTAL ALTERNATE A6 $ U� ✓-,O. 00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 21 102 Bid Proposal Form SIDNEY ROAD NON -MOTORIZED IMPROVEMENTS BID PROPOSAL PREFERENCE SUMMARY SEE SECTION 1-02.6 OF THE SPECIAL PROVISIONS PREFERENCE TOTAL BID PREFERENCE 1: (BASE BID+AI+A2+A3+A4+A5+A6) , 7z %'z('- 00 PP.38V PREFERENCE 2: (BASE BID+AI+A2+A3+A4+A5) 6 6z, 00 PREFERENCE 3: (BASE BID+AI+A2+A3+A4) .L//, Say be PREFERENCE 4: (BASE BID+AI+A2+A3) 2N 3Z'. Do PREFERENCE 5: (BASE BID+AI+A2) 2c?-7,QO PREFERENCE 6: (BASE BID+A1) 2 5 9 , CI�6 00 PREFERENCE 7: (BASE BID) 2, S�� S7� 00 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 122 103 Bid Proposal Form The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD Sidney Road Non -Motorized Improvements PUBLIC WORKS PROJECT NO. PW2025-007 Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that they have reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the Bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: Printed Name and Title: Location or Place Executed (City, State): 4V1,0 CEep n. -r/ - P/1t7 774CD,flA1 ,k14. Business Address: Business Telephone: 511 D RI V45/L E. rWA. SUN 2S3 2y8. 1oR 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). City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 23 104 Bid Proposal Form STATE OF W sm"- , i ss. COUNTY OF PICA I certify that I know or have satisfactory evidence that PQ 1VI!9 6F66A/t-T/ signed this proposal, on oat stated that they are authorized to execute " the proposal and acknowledged it as the �j______•ur (title) of �}G77(lE 5l7?GtGTT�n �it�L- (name of party on behalf of whom proposal was executed) and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this proposal. Dated this O " day of ZflfL.Lf, 202 Notary Publi " c SA Lp� ��..•Zp10424j•. F,Sj'% NOTARY PUBLIC ry 9 S : �. qv EX;� ' ,,�• City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual m6t45sR Goo�.� Printed Name My Commission Expires: 11122/Z_ Page / 24 105 Bidder's Qualification Form BIDDER'S QUALIFICATION FORM CITY OF PORT ORCHARD Sidney Road Non -Motorized Improvements PUBLIC WORKS PROJECT NO. PW2025-007 1. Name of Contractor: 4t:47 B/E- Co -PS fl&If &?7 on- �vG Address: 5110 RIVE O 6T . -[I com<} 1I./q. 95g1/3 2. Telephone No. (2�3 ) 24 ''1 Fax No.: (2r3 ) 293 /OZ - Email Address V/LY r✓Cr Al IV000nS�YuL�1�+v Cor ) 3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: 200, 6733 -00 4. Washington State Dept. of Licensing Contractor's Registration No.: 46 _r/_ VG/— /(o1 TL. Expiration Date: I �l 71� 5. Washington State Uniform Business Identifier No.: 273 -6ol —S-33 (Must have UBI number before the contract is awarded.) 6. Does the Contractor have a City of Port Orchard Business License Yes: Y_ No: (A City of Port Orchard Business license is required prior to commencing work pursuant to a written Notice to Proceed) 7. Number of years engaged in contracting business under above name: 63 8. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? �ES 9. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? (Provide number.) 2€, T33 "DO 10. Does the contractor have an employment security department number as required in Title 50 RCW? (Provide number): 32181,--00-0 11. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (Provide number): 2730d(533 City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 25 106 Bidder's Qualification Form 12. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? NO 13. If project includes Federal funding. Is the Contractor registered in Sam.gov? Yes X_ No Enter Unique ID No. (UEI)1Gg -(kl X ie5&, 14. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) Ms 15. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (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) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? NO 16. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting requirements more than one time as determined by the department of labor and industries? NO 17. Particular types of construction performed by your company: l64VN Gl iii . > rLi 1a e,�, Si 77u nFs J Foh,477Dki 18. Gross amount of contracts now on hand: $ rl //flhl4 iuul 19. List similar recent construction projects that your firm has done in the last 5 years (i.e., water and storm and sanitary sewer main construction, road reconstruction, excavations, etc.): Amount Type Owner's Name Phone City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 26 107 Bidder's Qualification Form 20. What is the construction experience of the principal individuals to be assigned to this project? Years of Construction Name Title Experience Availability 8En KErrf" P, 1 /Sup�iei&7�n 1T 2' yes Cog/S (,,./uaAn1 SoN See. PE. /0 DAN Mt1 AL,v o E. KreiS HiNO≤ em 3a yes Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria as described herein for its subcontractors and include instant condition for verification requirement. By: (Authorized Signature) Title: fie&s,OEftr Date:5- NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 27 108 Bidder's Qualification Form (this page intentionally left blank) City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 28 109 Bid Security BID SECURITY CITY OF PORT ORCHARD Sidney Road Non -Motorized Improvements PUBLIC WORKS PROJECT NO. PW2025-007 Bid Deposit: The undersigned Principal hereby submits a Bid Deposit with the City of Port Orchard in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of Dollars (S Bid Bond: KNOW ALL MEN BY THESE PRESENTS: That we, Active Cnnstruetinn, Inc ,as Principal and Liberty Mutual Insurance Company as Surety, are held firmly bound unto the City of Port Orchard, Washington, as Obligee, in the penal sum of Five Percent (5%) of Bid Amount Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The conditions of this obligation are such that if the Obligee shall make any award to the Principal for Sidney Road Non -motorized Improvements, PW2025-007, Port Orchard, Washington, according to the terms of the Proposal or Bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said Proposal or Bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this Bond. Signed, Sealed and Dated this 15th day of July , 20 25 . Active Construction, Inc. Principal Signature of Authorized Official G%y,O eecc>pnrr/ PieFsit&vT Printed Name and Title Name and address of local office of Agent and/or Surety Company: Liberty Mutual Insurance Company Surety Si nature of Authorized Official By: Julie A. Craker Attorney -in -Fact (Attach Power of Attorney) Propel Insurance 1201 Pacific Avenue. 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 Specification. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 29 110 Liberty POWER OF ATTORNEY Mutual Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8213216-023049 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, Holli Albers; James B. Binder; Charla M. Boadle; Amelia G. Burrill; Brandon K. Bush; Julie A. Craker; Carley Espiritu; Jacob T. Haddock; Brent E. Heilesen; Lindsey Elaine Jorgensen; Aliceon A. Keltner; Christopher Kinyon; Alyssa J. Lopez; Michael Mansfield; Jamie L. Marques; Julianne Morris; Kari Michelle Motley; Justin Dean Price; Annelies M. Richie; Tamara A. Ringeisen; Travis J. Robles; Donald Percell Shanklin, Jr.; Edward Sims; Katharine J. Snider; Lois F. Weathers; Sarah Whitaker; Eric A. Zimmerman all of the city of Tacoma state of WA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of February , 2025 . Liberty Mutual Insurance Company P� 1NSW? P01 INS& \NSU,pq The Ohio Casualty Insurance Company `J ooapo�r y0 yJ 4olkPop'., gy ' `0RPORVT yo West American Insurance Company 3 Fo VQ 3 Fo m w 3 Fo to Y�1912yo 0 1919 C 1991 0 cCU Nathan J. Zangerle, Assistant Secretary tts State of PENNSYLVANIA — G rn County of MONTGOMERY ss o E = On this 26th day of February , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a> Fa Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes mtherein contained by signing on behalf of the corporations by himself as a duly authorized officer. > a) 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. �O `,oNWF - Commonwealth of Pennsylvania - Notary Seal >` t� o' 4< Teresa Pastella, Notary Public /t c'— r' ° 2 7 Montgomery County E 0 - OF My commission expires March 28, 2029 By: 0 j 2 NgyL'l95' .j Member, r,Pennsylvania anaAssociation of Notaries eresa Pastella, Notary Public ,, 0 (15 ARy - 0 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 3 0.9 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: d M I 6 ARTICLE IV— OFFICERS: Section 12. Power of Attorney. o r ca 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 a President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m = > N any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall a 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 o m z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ti n ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which *e focegoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked, I IN TESTIMONY WHEREOF, I have hereunto set;ny hand and affixed the peals of said Companies this 15th day of July 2025 t,N;:UR Jt INS& %NSUR F,aPo rq q?� ��o? 4OaPOrrgT 9y GP ooaPORgr e, 1 199 2u 1991 �C3 S mo 4 o By. Y`J�R�, *Os*��a n�y� AMPS* dD rs NDIANP dad Renee C. Llewellyn, Assistant Secretary 111 LMS-12873 LMIC OCIC WAIC Multi Co 02/24 Bid Security (this page intentionally left blank) City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 30 112 Non -Collusion Affidavit Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON -COLLUSION DECLARATION 1, by signing the proposal, hereby declare. Under penalty of perjury under the laws of the U nitecl States that the following statements are true and correct: That the undersigned person(s), firm, association or corporation has jhave) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2, That by signing the signature page of this proposal, I am deemed to have signed and to have agireed to the provisions of this declaration. To report rigging activities call: 1-800-424-9071 The US. Department of Transportation (IJSDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:40 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activibes should use the "hotline to report such activities. The "hotlineis part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General_ All information will be treated confidentially and caller anonymity witl be respected. DOT Fa -'-H EF City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 31 113 Non -Collusion Affidavit (this page intentionally left blank) City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 32 114 Certification of Compliance with Wage Payment Statutes CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date June 30, 2025, 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. /4G77yE CS7.C 77aPVC• Bidder's Business Name Signature of Authorized Officer/Representative P4 vid & ?Z W77 Printed Name t E -s /of -r Title ?11 _ 7_camyi frJf - Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation, — State of Incorporation, or if not a corporation, State where business entity was formed: tw , If a co -partnership, give firm name under which business is transacted: * If 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). If a co -partnership, proposal must be executed by a partner. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 133 115 Certification of Compliance with Wage Payment Statutes (this page intentionally left blank) City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 34 116 Supplemental Criteria Information Form SUPPLEMENTAL CRITERIA INFORMATION FORM As evidence that the Bidder meets the mandatory and supplemental responsibility criteria, the apparent two lowest Bidders must submit to the Owner by 12:00 p,m. (noon) of the second business day following the bid submittal deadline, this Supplemental Criteria Information Form verifying that the Bidder meets the Mandatory Criteria under RCW 39.04.350(1) and the Supplemental Bidder Criteria stated below. The two lowest Bidders shall also submit supporting documentation including but not limited to that detailed below (sufficient in the sole judgment of the Owner) demonstrating compliance with all mandatory and supplemental responsibility criteria. The Owner reserves the right to request such documentation from other Bidders as well, and to request further documentation as needed to assess Bidder responsibility. The Owner also reserves the right to obtain information from third parties and independent sources of information concerning a Bidder's compliance with the mandatory and supplemental criteria, and to use that information in their evaluation. The Owner may (but is not required to) consider mitigating factors in determining whether the Bidder complies with the requirements of the supplemental criteria. The basis for evaluation of Bidder compliance with these mandatory and supplemental criteria shall include any documents or facts obtained by Owner (whether from the Bidder or third parties) including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Owner from others for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Owner which is believed to be relevant to the matter. If the Owner determines the Bidder does not meet the bidder responsibility criteria and is therefore not a responsible Bidder or the bid is not responsive, the Owner shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Owner's determination by presenting its appeal and any additional information to the Owner. The Owner will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible (or the bid is not responsive), the Owner will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible (or the bid not responsive) has received the Owner's final determination. Request to Change Supplemental Bidder Responsibility Criteria Prior to Bid: Bidders with concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility Criteria may make or submit requests to the Owner to modify the criteria. Such requests shall be in writing, describe the nature of the concerns, and propose specific modifications to the criteria. Bidders shall submit such requests to the Owner no later than five (5) business days prior to the bid submittal deadline and address the request to the Project Engineer or such other person designated by the Owner in the Bid Documents. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 35 117 Supplemental Criteria Information Form For criteria with check boxes, the bidder will check either "Yes" or "No." For each "Yes" answer on the form, the Bidder shall provide a signed and dated statement providing the project information requested and explaining the extenuating circumstances. Project Name: S!O,UE, in. NON - rnsqNNd //i?pieOl 'EI'itt-TS Part A. General Company Information Company Name: /k-rlv6 COfS l2NGT1c1r'- Zr\/L- __________ Address: 11O —f)4com q f1J . /�/3 Contact Phone: %tqclE-mail109 vc � QcfiveCand,c7`i •Gorr► Years in business as a Prime Contractor: 63 Years in business as a subcontractor: i6 Years in business under Present Name: 63 List any former company names under which the company, its owners, and/or its principals has operated in the past five (5) years. NONE Explain reason for name change(s) in the past five (5 years) N/14• Part B. Delinquent State Taxes Is the bidder listed on the Washington State Department of Revenue's "Delinquent Taxpayer List" website: http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx Yes ❑ No, If "Yes" attach a copy of the written payment plan approved by the Department of Revenue. NIA. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 36 118 Supplemental Criteria Information Form Part C. Federal Debarment The bidder shall not be listed as a current debarred or suspended bidder on the Federal "System For Award Management" website www.sam.gov. Is the bidder listed as debarred or suspended? Yes ❑ No Sam.gov Unique Entity ID No. F4W 1(X/)1G 5N1 Part D. Subcontractor Responsibility Does the bidder's standard subcontract form include the subcontractor language required by RCW 39.06.020? Does the bidder have an established procedure which it uses to validate the responsibility of each of its subcontractors? Does the subcontract form require that each of the bidder's subcontractors have and document a similar procedure for sub -tier subcontractors? Yes 9 No ❑ If "Yes" or "No", provide a copy of its standard subcontract form and a copy of the procedures used to validate the responsibility of subcontractors.A rTcWEt2 Part E. Prevailing Wages In the last five (5) years, has the bidder had prevailing wage complaints filed against it or received violations as determined by the applicable state or federal government agency monitoring prevailing and/or Davis -Bacon wage compliance? Yes ❑ No If "Yes," attach a separate signed/dated statement listing the prevailing wage violations, along with an explanation of each violation and how it was resolved. The City shall evaluate these explanations and the resolution of each violation to determine whether the violations demonstrate a pattern of failure to pay prevailing wages to workers unless there are extenuating circumstances acceptable to the City. City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 37 119 Supplemental Criteria Information Form Part F. Claims Against Retainage and Bonds Does the bidder have a record of any claims filed against the retainage or payment bonds for public works projects during the previous three (3) years? Yes ❑ No If "Yes", attach a separate signed / dated statement for each project with claims which includes the following: 1) Owner and contact information for the owner; 2) a list of claims filed against the retainage and/or payment bond for the project; and 3) a written explanation of the circumstances surrounding the claim and the ultimate resolution of the claim. The City may contact previous owners to validate the information provided by the Bidder. The City shall evaluate the information to determine if it demonstrates a lack of effective management by the bidder of making timely and appropriate payments, unless there are extenuating circumstances acceptable to the City in its sole discretion. NA. Part G. Public Bidding Crime Has the bidder been convicted of a crime involving bidding on a public works contract within the last five (5) years? Yes ❑ No Part H. Termination for Cause/Termination for Default Has the bidder had any public works contract terminated for cause by any government agency during the previous five (5) years? Yes ❑ No If "Yes", attach a separate signed / dated statement listing each contract terminated, the government agency terminating the contract and the circumstances involving the termination for cause. The City will determine if there are extenuating circumstances acceptable to the City in its sole discretion. N(� . City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 138 120 Supplemental Criteria Information Form Part I. Lawsuits Has the bidder been involved in lawsuits (or arbitrations for those instances where arbitration is completed in lieu of a lawsuit) with judgments entered against the bidder for failure to meet terms on contracts in the previous five (5) years? Yes ❑ No If "Yes", attach a list of lawsuits and/or arbitrations with judgments / arbitration awards entered against the bidder along with a written explanation of the circumstances surrounding each lawsuit and/or arbitration. Part J. Work Experience List at least three construction projects on the attached Work Experience Form, each of which meet all of the following criteria: UPDATE CRITERIA BELOW FOR THE PROJECT • Successfully completed pavement repairs of arterial classified streets and/ or highways, in the past 7 years. • Work includes grinding and patching. • Contract value exceeding $100,000.00. Part K. Signature I hereby certify, warrant and declare under penalty of perjury that the information included herein is correct and complete. Failure to disclose requested information or submitting false or misleading information may result in rejection of my bid, termination of my contract, and may impact my firm's ability to bid on future projects. Signature of Authorized Representative Date -7115-/21c- Printed Name of Authorized Representative Title City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 39 121 Supplemental Criteria Information Form Work Experience Form List at least three construction projects on the attached Work Experience Form, each of which meet all of the following criteria: • Successfully completed within the last seven (7) years. • Sidewalk, storm drainage and sewer utility work. • Contract value exceeding $1,000,000.00. 5 iice-r GIST 2. 3. Contract Value $ City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 40 122 Supplemental Criteria Information Form Contract Value City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 41 123 Supplemental Criteria Information Form (this page intentionally left blank) City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 42 124 Subcontractor List SUBCONTRACTOR LIST Per RCW 39.30.060, the bidder is required to submit as part of the bid the names of the subcontractors with whom the bidder will subcontract for performance of the work of HVAC (heating, ventilation, and air conditioning), plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW, or to name itself for the work and is also required to list the names of subcontractors with whom the bidder will subcontract for performance of the work of structural steel installation and rebar installation. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternate. The work to be performed is to be listed below the subcontractor(s) name. The requirement to name the bidder's proposed HVAC, plumbing, electrical, structural steel installation, and rebar installation subcontractors applies only to proposed HVAC, plumbing, electrical, structural steel installation, and rebar installation subcontractors who will contract directly with the bidder submitting the bid to the public entity. Failure to list subcontractors who are proposed to perform the work of HVAC (heating, ventilation and air conditioning), plumbing, and electrical, or to name itself to perform such work, or failing to name subcontractors who are proposed to perform structural steel installation or rebar installation, or naming more than one subcontractor to perform the same work will result in your bid being non- responsive and therefore void. Subcontractor Name 4frleir2/CAI') aL4 -77 / 1L. 1 E L116ES -A&≤ Work to be Performed ELE-&1 -1 #L Subcontractor Name ,41 Work to be Performed 5712t4G St - Subcontractor Name ei( Work to be Performed City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page / 43 125 Subcontractor List Subcontractor Name C- 84 ,�?u�rn `1-G. Work to be Performed .7tutp) //16 — Subcontractor Name MgW67 /TGk4N, ?L - Work to be Performed yRG City of Port Orchard Sidney Road Non -Motorized Improvements Project Manual Page 144 126 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Value 10-001 2011 Mullen Road Extension City of Lacey Roger Schoessel (360) 438-2639 $ 2,755,5' 9.00 10-003 2011 Harrison Avenue Improvements City of Olympia Jim Rioux/Fran Eide (360) 753-8484 $ 5,513,734.94 10-016 2011 Skokomish Alternate Access Road Skokomish Tribe Dave Nichols (360) 426-4232 $ 1,899,467.74 10-018 2011 Westbound Britton Parkway City of Lacey Roger Schoessel (360) 438-2639 S 624,642.85 11-001 2012 Henderson Blvd Sanitary Sewer & Water Main Realignment City of Olympia Jim Rioux (360) 753-8484 $ 1,346,423.94 11-005 2013 Carpenter Road Reconstruction City of Lacey Dale Mix (360) 438-2639 $ 9,133,594.00 11-006 2013 Cushman Trail Culvert Repair City of Gig Harbor Maureen Whitaker 253-853-7618 $ 49,000.00 11-009 2012 Warren Creek Pierce County Helmut Schmidt (253) 798-2728 $ 1.085,7C 5.60 11-014 2012 Neadham Road Setback Levee Pierce County Ingo Kuchta (253) 798-6165 $ 568,807.35 12-004 2012 VIC 1-5 Puyallup River Bridge - Sidewalk Ramps WSDOT Dennis Steinberg (253) 365-6730 $ 519,116.26 12-005 2013 18th Ave Half Street Improvements City of Olympia Jim Rioux (360) 753-8484 $ 3,006,3E 1.33 12-007 2013 56th St. NW/Pt. Fosdick Dr NW Street Improvements City of Gig Harbor Marcos McGraw (253) 851-6170 $ 2,454,4E7.20 12-008 2013 70th Ave. E. Phase 2 Roadway Improvements City of Fife Ken Gill (253) 922-9315 $ 8,003,125.61 12-017 2013 Capitol Way Overlay Improvements City of Olympia Brett Bures (360) 753-8568 S 226,8E0.24 12-020 2013 Puyallup River Floodplain Restoration at Fennel Creek Pierce County Al Zehni (253) 798-2725 $ 214,275.75 12-024 2013 62nd Ave E Sidewalk and Sheffield Trail and 20th St E Crosswalk City of Fife Russ Blount (253) 922-2489 $ 468,940.65 12-028 2013 West Lake Sammamish Parkway Phase 11-90 Roundabout to SE 34th St City of Bellevue Carl Haslam (425) 452-4170 $ 6,560,548.46 13-002 2013 NB SR 167 to NB 1-405 Major Drainage Repair WSDOT Broch Bender (206) 440-4699 $ 419,2C6.01 13-010 2013 Wilkeson Creek Access Road Puyallup Tribe Andrew Strobel (253) 573-7879 $ 434,423.23 13-011 2013 Orville Road Engineered Log Jam Setback Revetment Pierce County Al Zehni (253) 798-2725 $ 788,825.53 13-015 2014 SR7 Muck Cr Trib-Nisq Riv Remove Barrier WSDOT Mark Carson (360) 570-6761 $ 1,103,022.10 13-017 2014 Larchmont Wetland Reserve Pierce County Al Zehni (253) 798-2725 $ 653,314.39 13-020 2014 Taxiway C & North Taxiway W Rehab & Terminal Entrance Widening Port of Olympia Bill Helbig (360) 528-8022 $ 2,069,196.55 13-022 2014 Reservation Road Reconstruction Skokomish Tribe Dave Nichols (360) 426-4232 $ 939,088.15 13-029 2014 Chehalis Western Trail Phase 3 Thurston County Matt Unzelman (360) 867-2300 $ 2,732,360.14 14-004 2017 Middle Fork Snoqualmie River Road US DOT Craig Sanders (360) 619-7700 $ 21,454,696.00 14-007 2014 Boulevard Rd & 22nd Ave City of Olympia Rolland Ireland (360) 753-8721 $ 2,481,952.96 14-011 2017 Upper Clear Creek Mitigation Site Port of Tacoma Dave Myers (253) 428-8612 $ 5.415,690.47 14-012 2014 Delphi Road Safety Improvements Thurston County Matt Unzelman (360) 867-2300 $ 1,042,199.07 14-013 2015 Chambers Lake Stormwater Treament Facility City of Lacey Roger Schoessel (360) 438-2639 $ 2,116,312.11 14-014 2015 Salmon Creek Bridge L-4 Replacement Thurston County Matt Unzelman (360) 867-2300 $ 1,431,682.14 14-019 2016 Tacoma Pedestrian Crossing Improvement City of Tacoma Mark D'Andrea (253) 591-5500 $ 2,523,400.00 14-024 2015 Golf Club Road Extension City of Lacey Roger Schoessel (360) 438-2639 $ 599,599.00 15-003 2015 Capitol Blvd - M Street City of Tumwater John Norman (360) 754-5855 $ 1,747,742.90 15-004 2015 Neadham Road In -Stream ELJ Mitigation Project Pierce County Ingo Kuchta (253) 798-6165 $ 265,118.00 15-007 2016 Willamette Drive NE & 31st Ave Improvements City of Lacey Roger Schoessel (360) 438-2639 $ 1,522,533.93 Active Construction, Inc. Confidential Updated: 6/30/2025 Page 1 of 127 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Valt.:e 15-008 2015 Fennel Creek Property Restoration Phase 2 / 1408-124 Pierce County Helmut Schmidt (253) 798-2728 $ 527,710.56 16-003 2016 Firwood Condos Stormwater System & Wapato Creek House Removal City of Fife Ken Gill (253) 922-9315 $ 424,259.90 16-004 2016 WARC Access Road Thurston County Matt Unzelman (360) 867-2300 $ 916,456.88 16-005 2016 216th Ave SE Roadway Improvements SE 272nd (SR 516) to SE 283rd St City of Maple Valley Kim Scattarella (425) 413-8800 $ 1,963,562.15 16-007 2016 Manchester Stormwater Retrofit and Traffic Improvements - Phase 3 Kitsap County Steve Nichols (360) 337-5777 $ 1,212,212.00 16-008 2017 Tumwater Blvd/I-5 SB Ramp Improvements Project City of Tumwater John Norman (360) 754-5855 $ 991,409.95 16-013 2017 Park Avenue South - 125th Street South to Garfield Street South Pierce County Henry Gertje (253) 798-7250 $ 650,650.00 16-014 2017 Cleanwater Centre Site Work Port of Olympia Tyson Carpenter (360) 528-8000 $ 2,167,099.24 16-018 2017 Tilley Road Curve Culvert Replacement Thurston County Matt Unzelman (360) 867-2300 $ 434,756.39 16-020 2017 Tyee Drive Extension / Israel Road Improvements Project City of Tumwater John Norman (360) 754-5855 $ 3,354,711.99 16-021 2017 SR 302 - 1.15 Miles S of E Victor Road Major Drainage WSDOT Robert Christopher (360) 705-7337 $ 422,422.00 16-023 2016 Emergency Vehicle Operations Course (EVOC) Dept of Enterprise Services Doug McCudden (360) 407-9302 S 2,064,974.00 16-026 2017 Kirsop Road Maintenance Project City of Tumwater John Norman (360) 754-5855 $ 167,072.00 16-029 2017 Capitol Blvd & U Street Pedestrian Improvements City of Tumwater John Norman (360) 754-5855 $ 137.137.00 16-030 2018 East Lake Sammamish Master Plan Trail South - Segment A King County Gina Auld (206) 477-4552 $ 4,489,832.49 17-001 2018 Fairwood West HOA Pipe Replacement King County Gina Auld (206) 477-4552 $ 785,785.00 17-002 2018 78th Avenue E & 184th Street Intersection Pierce County Greg Hess (253) 798-4233 $ 1,706,337.47 17-007 2019 40th - 42nd Avenue South - Phase 3 City of Tukwila Cindy Knighton (206) 431-2450 $ 11,103,565.00 17-008 2017 1st Street SW Improvements City of Yelm Maryanne Zukowski (360) 458-8499 $ 318,318.00 17-009 2017 21st Avenue Pedestrian Improvements City of Federal Way Christine Mullen (253) 835-2723 $ 685,685.00 17-010 2018 Washington Ave. Two Way Left Turn Lane Improvements City of Orting (360) 893-2219 $ 1,344,808.89 17-012 2017 Runway Safety Improvements Vashon Island King County Airport Bryan Condon - Engineer (503) 419-2130 $ 505,043.93 17-013 2017 M Street SE Improvements City of Auburn Matthew Larson (253) 931-3000 $ 1,583,397.89 17-014 2017 Cloquallum Road MP 5.85 to 6.60 Mason County Sarah Grice (360) 427-9670 S 2,123,123.00 17-015 2018 Bridge #28183-A Replacement 8th Ave E North Fork Muck Creek Pierce County Henry Gertje (253) 798-7250 $ 1,418,750.00 17-016 2018 Rich Road SE Phase 2 Thurston County Matt Unzelman (360) 867-2300 $ 1,848,848.00 17-019 2019 Tremont Street Widening City of Port Orchard Mike Pleasants (360) 876-4407 $ 15,173,002.39 17-024 2018 Boulevard Road and Morse -Merryman Roundabout City of Olympia Rolland Ireland (360) 753-8721 $ 3,336,041.00 17-025 2018 Orville Road Engineered Log Jam Setback Revetment Phase 2 Pierce County Al Zehni (253) 798-2725 $ 1,251,545.00 17-028 2018 70th Avenue Sewer and Water Extension City of Tumwater John Norman (360) 754-5855 $ 986,791.00 17-032 2018 66th Avenue Improvements City of Fife Ken Gill (253) 922-9315 $ 3,040,502.00 18-002 2018 8th Street E & 54th Ave E Culvert City of Fife Ken Gill (253) 922-9315 $ 1,161,982.83 18-004 2018 East 25th Street Improvements City of Tacoma Diane Sheesley $ 662,003.00 18-006 2018 Lower Coal Creek Flood Hazard Reduction City of Bellevue Debbie Harris (425) 452-4367 $ 2,528,003.00 18-009 2019 22nd Avenue and 152nd Street Intersection Pierce County Greg Hess (253) 798-4233 $ 2,340,003.00 18-010 2018 Ball Creek Flood Plain Revetment Pierce County Al Zehni (253) 798-2725 $ 576,003.00 Active Construction, Inc. Confidential Updated. 6/30/2025 Page 2 of 7 128 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Value 18-011 2019 EVOC Skid Pan Repair - WA State Patrol Training Course Dept of Enterprise Services Doug McCudden (360) 407-9302 $ 1,250,000.00 18-014 2018 Clarks Creek Channel Stabilization City of Puyallup Paul Marrinan (253) 841-5498 $ 2,925,542.81 18-017 2018 Desoto Street Stabilization and Rehabilitation City of Tumwater John Norman (360) 754-5855 $ 1,560,560.00 18-018 2019 Capitol Blvd Israel Rd to 73rd Ave City of Tumwater John Norman (360) 754-5855 $ 2,213,2 3.00 18-020 2018 Reservation Road Sidewalk SkokomishTribe Dave Nichols (360) 426-4232 $ 336,336.00 18-023 2019 Military Road S & S 298th St. Compact Roundabout City of Federal Way Christine Mullen (253) 835-2723 $ 742,742.00 18-026 2019 Capitol Campus Utility Renewal Dept of Enterprise Services Hamed Khalili (360) 407-7979 $ 810,000.00 18-033 2019 SR510 Meridian Rd SE Roundabout and Paving WSDOT Brian Whitehouse (360) 570-6786 $ 2,484,484.00 19-001 2020 62nd Avenue NW & 144th St NW Intersection Pierce County Greg Hess (253) 798-7250 $ 2,376,376.00 19-003 2019 McKnight Middle School Field Improvements Renton School Dist Stewart Shusterman (425) 204-4403 $ 1,793,793.00 19-005 2019 Lebanon Street Extension City of Lacey Aubrey Collier (360) 438-2639 $ 613,63.00 19-007 2019 Steilacoom Blvd SW Improvements Town of Steilacoom Mark Burlingame (253) 581-1912 $ 2,942,942.00 19-008 2019 55th Ave Sat Bingamon Creek Culvert Replacement King County Mark Hoge (206) 263-9325 $ 1,309,309.00 19-010 2020 College Street and 22nd Ave Roundabout City of Lacey Aubrey Collier (360) 438-2639 S 5,920,920.00 19-011 2019 Lower Coal Creek Flood Hazard Reduction - Group 3 City of Bellevue Jim Stockwell (425) 452-4868 $ 2,920,820.00 19-014 2019 SR520 80th Ave to 108th WSDOT Evelyn Pao (425) 495-1577 $ 1,177,1 77.00 19-015 2019 150th Newport Way Roadway Improvements City of Bellevue Jun Suk An (425) 452-4230 $ 2,709,933.00 19-016 2019 SWM Drainage & Traffic Safety Improvements City of Tacoma Lisa Oestreich (253) 594-7871 $ 1,476,476.00 19-017 2020 College Street and Yelm Super T Pavement Rehabilitation City of Lacey Aubrey Collier (360) 438-2639 $ 4,142,1L2.00 19-019 2019 Westside Highway SW Roadway Repair King County Mark Hoge (206) 263-9325 $ 414,414.00 19-020 2020 Park Street Roundabout City of North Bend Tom Mohr (425) 888-7653 $ 2,154,154.00 19-021 2019 Highway Safety Improvement Program Phase 2 Lewis County Malcolm Bowie (360) 740-1175 $ 893,853.00 19-022 2019 Orville Rd ELJ Setback Revertment Ph 2B Pierce County Surface Water David Davis (253)798-6157 $ 1,063,550.50 19-023 2019 Lakemont Blvd SE Repairs & 164th Ave SE and SE City of Bellevue Dale Lydin (425) 452-4170 $ 1,532,532.00 19-027 2019 SE Kent-Kangley Road / 242nd Avenue SE Intersection Improvements City of Maple Valley Terry Wright (425) 413-8800 $ 766,766.00 19-028 2019 Hosmer Holding Basin Maintenance City of Tacoma Steve Hoffman (253) 502-2225 $ 1,148,153.36 19-029 2020 Sanderson Field Runway Pavement Overlay Construction Port of Shelton Wendy Smith (360) 426-1151 $ 2,838,783.00 19-035 2020 Log Yard Rd And SR 3 Roundabout Construction Mason Transit Authority Danette Brannin (360) 432-5750 $ 2,422,172.00 19-037 2021 Mullen Road - Lacey City Limits to Carpenter Road Thurston County Matt Unzelman (360) 867-2300 $ 10,040,916.00 19-041 2020 100th Ave NE and NE 10th St Roundabout City of Bellevue Jun Suk An (425) 452-4230 $ 1,245,245.00 19-042 2021 SE Newport Way Somerset Blvd to 150th Ave SE City of Bellevue Paul Krawczyk (425) 452-7905 $ 7,323,803.75 19-045 2020 South Dash Point Road Improvements City of Federal Way Christine Mullen (253) 835-2723 $ 1,159,159.00 20-002 2020 Orting-Kapowsin E - Orville Rd E to 264th St E Pierce County Arnie Shepard (253) 798-7250 $ 1,305,305.00 20-009 2020 Onyx Drive Roadway Improvements City of Lakewood Eric Swanstrom (253) 983-7795 $ 3,955,955.00 20-010 2020 South Prairie Floodplain and Off -Channel Restoration Project SPSSEG Kristin Williamson (360) 561-1715 $ 2,244,696.26 20-011 2020 Big Rock State Park Site B Ph. 1 Improv. City of Sammamish Monica Thompson (425) 295-0500 $ 2,566,334.88 20-014 2021 Willis Street and 4th Avenue S Roundabout City of Kent Tim Laporte (253) 856-5508 $ 4,759,759.00 Active Construction, Inc. Confidential Updated: 6/30/2025 Page 3 of 129 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract ValLe 20-016 2021 Cirque Drive West Phase 3 Roadway Improvements City of University Place Jack Ecklund (253) 460-5411 $ 2,058,058.00 20-019 2021 Kitsap Lake Elementary Safe Routes to School City of Bremerton Andrea Archer -Parsons (360) 473-5323 $ 2,281,183.00 20-021 2021 Citywide NHS Resurfacing City of Tumwater Brandon Hicks (360) 754-4140 $ 3,894,894.00 20-024 2024 Johnson Parkway & SR 305 Roundabout, Noll Corridor - South Segment City of Poulsbo Josh Ranes (360) 394-9882 $ 15,323,323.00 20-026 2021 Orville Road Engineered Log Jam Setback Revetment Phase 2C Pierce County Surface Water David Davis (253) 798-6157 $ 1,259,259.00 20-028 2021 Edgewood Community Park City of Edgewood Jeremy Metzler (253) 952-3299 $ 3,295,425.00 20-031 2022 Mountains to Sound Greenway Trail Phase 2 City of Bellevue Dale Lydin (425) 452-4170 $ 7,570,570.00 20-032 2021 US 101, Morse Creek Vicinity Safety Improvements WSDOT Dan McKernan (360) 565-0620 $ 2,069,068.00 21-001 2021 Huge Creek Culvert Replacement Pierce County Surface Water Al Zehni (253) 798-4228 $ 945,377.00 21-002 2021 Kitsap Way Culvert Replacement City of Bremerton Gunnar Fridriksson (360) 473-5758 $ 1,725,725.00 21-003 2021 Maury Island Open Space Remediation King County Mark Hoge (206) 263-9325 $ 1,250,145.00 21-004 2021 Lake Washington Loop Trail City of Renton Hebe Bernardo (425) 430-7200 $ 1,709,709.00 21-005 2021 Stowell Road MP 0.57 Bridge Scour Repair Lewis County (360) 740-2671 $ 320,320.00 21-007 2021 Capitol City Golf Course WWW Improvements City of Lacey Aubrey Collier (360) 438-2639 $ 7,828,045.00 21-009 2021 Sidney Ave Sewer Repair City of Port Orchard Chris Hammer (360) 876-4407 $ 358,353.00 21-011 2021 112th Ave NE Corridor Improvements City of Bellevue Mike Rodni (425) 452-4870 $ 2,469,463.00 21-012 2021 Upper Nisqually River Levee Revetment Retrofit Pierce County Surface Water Ingo Kutchta (253) 798-6165 $ 2,822,822.00 21-013 2023 Oyster Bay Beach Sewer Upgrade City of Bremerton Bill Davis (360) 473-2312 $ 6,237,237.00 21-014 2021 North 53rd Street Improvements - Pearl to Bennett City of Ruston (253) 759-3544 $ 577,577.00 21-017 2022 Dupont - Steilacoom Road Improvements City of Dupont Gus Lim (253) 964-8121 $ 3,479,473.00 21-018 2022 Vail Road SE Improvements Phase 2 Thurston County Marcus Storvick (360) 867-2292 $ 1,960,963.00 21-021 2022 S 277th Bridge No. 3126 Replacement King County Victor Daggs (206) 423-1063 $ 1,477,477.00 21-023 2023 Coal Creek Bridge No. 3035A King County Victor Daggs (206) 423-1063 $ 2,985,983.00 21-024 2023 130th Ave NE Station Area Park and Ride City of Bellevue Gregory Lucas (425) 452-4870 $ 4,400,403.00 21-025 2022 Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimo City of Bremerton Bill Davis (360) 473-2312 $ 2,488,573.00 21-027 2022 Harborview Drive and Stinson Ave Intersection (City of Gig Harbor) City of Gig Harbor Aaron Hulst (253) 853-7620 $ 2,168,441.18 21-030 2023 Revitalizing Tacoma's Brewery District City of Tacoma Toney Mathison (253) 591-5519 $ 6,605,605.00 21-036 2022 Orville Road Engineering Logjam Revetment Phase 2B Year 2 Pierce County Surface Water David Davis (253) 798-6157 $ 2,124,124.00 21-038 2022 Harrison Avenue Improvements City of Centralia Patty Page (360) 330-7512 $ 1,469,469.00 21-039 2023 NE Spring Blvd - 130th Ave NE to 132nd Ave NE City of Bellevue Greg Lucas (425) 452-4550 $ 6,161,161.00 21-041 2023 Lake to Sound Trail Segment C SeaTac King County David Shaw (206) 263-2164 $ 6,857,857.00 21-042 2023 Lakota Middle School SRTS City of Federal Way John Mulkey (253) 835-2722 $ 2,036,036.00 22-004 2022 Olympiad Drive Culvert Replacement Kitsap County Theresa Smith (360) 337-5777 $ 406,406.00 22-009 2022 Price Road and Brentwood Drive Culvert Replacements City of Bremerton Gunnar Fridriksson (360) 473-5758 $ 2,498,493.00 22-011 2022 84th Street Slump Repair City of Kent Nancy Yoshitake (253) 856-5508 $ 466,466.00 22-013 2022 Jan Road Levee King County Megan Saunders (206) 263-6813 $ 9,509,091.00 22-015 2022 2nd Ave SE & SE Bush St Intersection City of Issaquah Matt Ellis (425) 837-3410 $ 646,646.00 Active Construction, Inc. Confidential Updated: 6/30/2025 Page 4 of 7 130 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Value 22-016 2022 Naches River Water Intake City of Yakima Mike Shane (509) 576-6480 $ 2,645,645.00 22-017 2022 SE 231st Street Extension City of Maple Valley Amy Shaw (425) 413-8800 S 1,175,175.00 22-018 2022 218th Street SE Roadway Preservation King County Victor Daggs (206) 423-1063 $ 3,684,684.00 22-019 2022 Clear Creek Habitat Restoration Pierce County Surface Water David Davis (253) 798-6157 $ 965,965.00 22-020 2023 Yauger Park Field Renovations City of Olympia Jake Lund $ 1,153,153.00 22-023 2023 Philip Arnold Park Site Improvements City of Renton Betsy Severtsen (425) 757-6657 $ 4,172,172.00 22-024 2023 US 12 & Sargent Road Roundabout Thurston County Marcus Storvick (360) 867-2292 $ 4,096,096.00 22-027 2023 Pine Road Basin Stormwater Improvements City of Bremerton Gunnar Fridriksson (360) 473-5758 $ 2,715,715.00 22-028 2023 Woodard Creek Retrofit Site Thurston County Marcus Storvick (360) 867-2292 $ 1,098,096.00 22-030 2023 Newport Way NW Improvements City of Issaquah Isabel Diaz (425) 837-3415 $ 995,995.00 22-032 2023 Schaefer State Park Relocate Campground WA Parks & Rec Sanh Ho (360) 725-9757 $ 4,062,062.00 22-034 2023 State Ave Safety Improvements City of Olympia Brian Philumalee (360) 753-8297 $ 867,530.90 22-036 2024 1-5 / Trosper Rd / Capitol Blvd Reconfiguration City of Tumwater Bill Lindauer (360) 754-4140 $ 12,150,150.00 22-037 2024 124th Ave NW & Ichigo Way to Northup Way City of Bellevue Kyle Potuzak (425) 452-2027 $ 23,242,242.00 22-038 2023 SR 516 Barnes Creek Fish Passage WSDOT Johnathan Mouhanna (360) 705-7835 $ 2,378,378.00 22-039 2023 Sunset Hwy & 77th Ave SE Intersection City of Mercer Island Clint Morris (206) 999-8041 $ 1,181,181.00 22-043 2023 Springbrook Park City of Lakewood Stacey Reding (253) 983-7852 $ 1,556,545.00 22-044 2023 South 240th St & Russell Rd TIB Sidewalk City of Kent Drew Holcolm (253) 856-5561 $ 1,943,943.00 23-002 2023 Rainier Street Pavement Preservation Town of Steilacoom Mark Burlingame (253) 581-1912 $ 805,805.00 23-004 2024 Witte Road Phase 3 South City of Maple Valley Amy Shaw (425) 413-8800 $ 5,575,575.00 23-005 2023 SR 7 Unnamed Tributaries to South Creek WSDOT Danika Washington (253) 307-9894 $ 6,229,229.00 23-007 2023 Coastal 29 — Culvert Bundle #1 Kiewit (GC) / WSDOT (Owner) Justin O'Brien (253) 943-4157 $ 2,900,003.00 23-012 2023 Cispus-YellovAacket PH Restoration Cowlitz Indian Tribe Justin Isle (503) 799-0934 $ 646,903.00 23-013 2024 Sunset Beach Shelter and Site Upgrades Washington State Parks Brett Taylor (360) 902-8500 $ 3,418,153.00 23-015 2023 Cougar Mountain Precipice Trailhead Dev. King County Tom Early (206) 477-7555 $ 739,739.00 23-017 2024 SR508, 0.3 Miles E of Bergen Road Embankment Repair WSDOT Paul Mason (360) 705-7835 $ 542,542.00 23-018 2024 Safe Routes to School: Kenroy Elementary/Sterling Intermediate/East Wenat East Wenatchee Kyle Burtis (509) 662-4068 $ 6,660,352.06 23-019 2024 Boise Creek Restoration at Enumclaw Golf Course City of Enumclaw Eric Palmer (360) 615-5668 $ 2,975,401.65 23-021 2024 Black Lake Belmore Rd Bridge A.R. Thurston County Bill Richardson (360) 786-5497 $ 2,665,665.00 23-022 2024 156th Avenue NE Cycle Track City of Redmond Aaron Noble (425) 556-2792 $ 3,259,253.00 23-023 2024 Foothills Trail — East Puyallup & McMillan Trailhead Improvements Pierce County Andrew Robson (253) 798-6647 $ 1,090,093.00 23-026 2024 SR 20/Kearney St I/S — Roundabout WSDOT Ben Ford (360) 565-0620 $ 1,552,552.00 23-027 2024 Administration Building Electric Vehicle Charging Stations Port of Tacoma Kathee Sewell (253) 888-4711 $ 478,473.00 23-028 2023 Rainbow Bend Mitigation Project King County Megan Saunders (206) 263-6813 $ 2,257,257.00 23-030 IN PROGRESS Washington & 11th Street Improvements City of Bremerton Gunnar Fridriksson (360) 473-5758 $ 6,412,412.00 23-031 2024 Wildwood Sidewalk Link Phase 3 -31st Ave SE to 26th Ave SE City of Puyallup Craig Moore, Parametrix (253) 245-6196 $ 974,974.00 23-033 2024 Pennsylvania Place Bottleneck & Stormwater Treatment Retrofits City of Roslyn Kari Nichols (503) 548-1496 $ 1,416,416.00 Active Construction, Inc. Confidential Updated. 6/30/2025 Page 5 of 7 131 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Value 23-034 2024 Downtown Core Streetscape Phase II City of Renton Michael Sippo (425) 430-7298 $ 1,109,109.00 23-037 IN PROGRESS 27th Ave SW at SW 344th St Compact Roundabout City of Federal Way John Cole (253) 835-2718 $ 697,697.00 23-040 2024 Burnett South Sidewalk & Utilities Replacement City of Renton Jonathan Chavez (425) 430-7208 S 897,897.00 23-043 2024 Seahurst Park Road Landslide Repair City of Burien Robin Tischmak (206) 241-4647 $ 664,664.00 23-045 2024 Western State Hospital N Parking Lot Expansion WA DES / DSHS Tyler Sloan (360) 999-8709 $ 1,477,477.00 23-046 IN PROGRESS D St SE & 23rd St SE Storm Improvements City of Auburn Lauren Kirk (253) 931-3000 $ 5,492,492.00 23-047 IN PROGRESS US 101 May Cr in Vicinity of Dowans Creek Rd Remove Fish Barrier WSDOT Jason Mettler (360) 538-8502 $ 17,300,300.00 23-049 IN PROGRESS Centralia Alpha Road Lewis County Robin Saline (360) 740-1182 $ 6,273,273.00 23-051 2024 Green River Trail Improvements City of Tukwila Cyndy Knighton (206) 431-2450 $ 1,020,020.00 23-052 2024 1st Street Improvements Phase 3 Downtown Revitalization City of Cie Elum Ben Annen (509) 966-7000 $ 3,435,435.00 23-053 2024 Roslyn Historic Cemetery Irrigation Replacement City of Roslyn Kari Nichols (503) 548-1496 $ 616,615.00 23-054 2024 US 101 / SR 109 Grays Harbor! Jefferson / Clallam — Remove Fish Barriers Coastal 29 — Culvert Bundle #4 (Site 9) Kiewit (GC) / WSDOT (Owner) Justin O'Brien (253) 943-4157 $ 1,695,000.00 23-056 2024 Carpenter Rd Britton Pkway Roundabout City of Lacey Aubrey Collier (360) 438-2639 $ 2,230,230.00 24-001 IN PROGRESS Logan Hill Road Culvert / Berwick Creek Lewis County Robin Saline (360) 740-1182 $ 1,897,897.00 24-002 2024 US 101 / SR 109 Grays Harbor / Jefferson / Clallam — Remove Fish Barriers Coastal 29 — Culvert Bundle #2A, Sites 27 & 28 Kiewit (GC) / WSDOT (Owner) Justin O'Brien (253) 943-4157 $ 5,636,573.00 24-003 IN PROGRESS Mill Creek / 76th Avenue Culvert City of Kent Mark Madfai (253) 856-5657 $ 13,824,824.00 24-006 IN PROGRESS Prentice Ave/Fennimore St Half Width Frontage City of Gig Harbor Stephanie Seibel (253) 853-7626 S 1,974,974.00 24-008 2025 67th Avenue West Phase 2 Roadway Improvements City of University Place Jack Ecklund (253) 460-5411 $ 4,084,084.00 24-009 IN PROGRESS Street Light Infill City of Federal Way Kathy Davis (253) 835-7000 $ 3,191,191.00 24-010 IN PROGRESS R Street SE Preservation - 33rd St SE to 37th Way SE City of Auburn Kim Truong (253) 931-3010 $ 2,340,343.00 24-011 2024 Grand Canyon Trail Bridges WA DNR Ben Mayberry (360) 338-2209 $ 169,163.00 24-012 IN PROGRESS S 21st St & SC St Signal City of Tacoma Toney Mathison (253) 591-5519 $ 883,883.00 24-013 2024 SE May Creek Park Drive Non -Motorized Phase 2 City of New Castle Kerry Sullivan (425) 386-4113 $ 994,994.00 24-019 2025 Erick Creek Fish Passage Cowlitz County Gary Gonser (360) 577-3030 $ 1,913,913.00 24-015 2024 112th Ave Non -Motorized / 116th & 84th Roundabout City of New Castle Kerry Sullivan (425) 386-4113 $ 1,215,213.00 24-016 2025 10000 Block of Avondale Road Erosion City of Redmond Aaron Noble (425) 556-2792 $ 1,866,865.00 24-017 2025 Island Way Crest Crosswalk City of Mercer Island Rebecca O'Sullivan (206) 275-7655 $ 1,127,127.00 24-018 IN PROGRESS Wollochet Drive / Wagner Way Intersection Improvements City of Gig Harbor Marcos McGraw (253) 853-2647 $ 1,607,607.00 24-022 IN PROGRESS Park Ave Improvements City of Ruston Ray Johnson (253) 759-3544 $ 1,025,025.00 24-023 IN PROGRESS SR 169 Widening - SE 253rd PI to SE 260th St City of Maple Valley Joseph Xi (425) 413-8800 $ 11,300,303.00 24-024 IN PROGRESS Burnham Drive Half Width Improvements Phase 1 City of Gig Harbor Marcos McGraw (253) 853-2647 $ 4,603,604.00 24-025 IN PROGRESS Quincy Square City of Bremerton Katie Ketterer (360) 473-5334 $ 4,061,061.00 24-026 IN PROGRESS Obstruction Removals & Fencing - Tacoma Narrows Airport Pierce County Susan Holdner (253) 798-7172 $ 1,737,737.00 24-027 IN PROGRESS Pacific & Homann Roundabout Improvements & Sharrow Striping City of Lacey Brian Petrin (360) 790-7846 $ 634,634.00 24-028 IN PROGRESS E 38th Street (E Portland Ave to SR 7) City of Tacoma Neal Sartain (253) 316-3617 $ 925,92.5.00 24-029 IN PROGRESS 50th Ave Roundabout and Pioneer Street Widening City of Ridgefield Melissa Irwin (360) 887-3557 $ 19,442,442.00 Active Construction, Inc. Confidential Updated 6/30/2025 Page 6 of 7 132 ACTIVE CONSTRUCTION, INC. BIDDER QUALIFICATIONS - COMPLETED AND IN PROGRESS PUBLIC WORKS PROJECTS Job # Completion Date Job Description Owner Owner Rep Phone Contract Value 24-030 IN PROGRESS Fennel Creek Restoration Phase 3 Pierce County Surface Water David Davis (253)798-6157 $ 1,670,677.00 24-032 IN PROGRESS Marvin Road Upgrade Phase 1 (22nd Union Mills) Thurston County Matt Unzelman (360) 867-2300 $ 5,860,863.00 24-033 IN PROGRESS Pacific Hwy Non -Motorized Improvements City of Federal Way John Mulkey (253) 835-2722 $ 2,589,583.00 24-034 IN PROGRESS Johnson Point Rd & Hawks Prairie Road Thurston County Matt Unzelman (360) 867-2300 $ 2,174,174.00 24-036 IN PROGRESS Lawrence Street Pedestrian Improvements City of Port Townsend Steve King (360) 379-5090 $ 849,843.00 24-040 2025 Cain at Eskridge Erosion Control City of Olympia Brian Philumalee (360) 753-8297 $ 135,135.00 24-041 PENDING Gorst Fish Barriers (5R3 / SR16 / SR166, Remove Fish Barriers Kiewit (GC) / WSDOT (Owner) Justin O'Brien (253) 943-4157 $ 6,350,003.00 24-043 IN PROGRESS S. 7th Street Corridor Improvements City of Renton Keith Woolley (425) 430-7200 $ 1,887,887.00 24-046 IN PROGRESS Frank Albert Road/N N Levee Rd Intersection City of Fife Ken Gunther (253) 922-9315 $ 439,439.00 24-047 IN PROGRESS Steilacoom Blvd SW 87th to Weller City of Lakewood Troy Pokswinski (253) 983-7729 $ 5,272,272.00 24-050 IN PROGRESS Water Street Sewer Replacement City of Port Townsend Steve King (360) 379-5090 $ 2,360,360.00 24-051 IN PROGRESS Lower Peshastin Creek Habitat Cascade Fisheries Aaron Rosenblum (509) 630-4160 $ 864,477.00 24-053 IN PROGRESS Talbot Hill Reservoir Park Improvements City of Renton Betsy Severtsen (425) 430-6611 $ 875,875.00 24-054 IN PROGRESS College Street NE Extension City of Lacey Aubrey Collier (360) 438-2639 $ 9,485,485.00 25-001 IN PROGRESS Leach Creek SW Holding Basin Mods City of Tacoma Steve Hoffman (253) 502-2225 $ 1,984,984.00 25-002 IN PROGRESS Maple Street & Traffic Ave Pedestrian Signal City of Sumner Courtney Littrell (253) 247-1446 $ 764,764.00 25-003 IN PROGRESS Maury Island Open Space Remediation Phase 3 King County Leigh Nelson (206) 263-0866 $ 464,464.00 25-005 IN PROGRESS 81st Ave S Pump Station & Woodford Ave City of Kent Stephen Lincoln (253) 856-5552 $ 2,479,479.00 25-006 IN PROGRESS South 288th St Road Diet Phase 2 City of Federal Way Jonathan Strong (253) 835-2753 $ 2,324,324.00 25-007 IN PROGRESS SR 104 Holding Lanes ATMS Kitsap County Tina Nelson (360) 337-4891 $ 827,82.00 Active Construction, Inc. Confidential Updated: 6/30/2025 Page 7 of 7 133 CONSTRUCTIONI ACTIVE INC SUBCONTRACT THIS SUBCONTRACT, MADE AND ENTERED INTO THIS DAY OF WAS PREPARED TO FAIRLY ALLOCATE RESPONSIBILITIES, RISKS AND EXPENSES ARISING OUT OF THE PERFORMANCE OF THIS WORK, AND IS MADE AND ENTERED INTO BY AND BETWEEN: Contractor: Active Construction, Inc. Address: Post Office Box 430 Puyallup, WA 98371 Telephone: (253) 248-1091 Facsimile: (253) 248-1092 Subcontractor: [SUBNAM] Address: Contact: Email: Telephone: Facsimile: Contractor, for full, complete, and faithful performance of this Subcontract, agrees to pay Subcontractor: ❑ Lump Sum in the amount of: Dollars (S ), or ❑ Unit Prices as set forth which on the basis of Client's estimated quantities will yield a gross contract price of approximately: Dollars (_$ ® Unit Prices as set forth which on the basis of Client's estimated quantities will yield a gross contract price of approximately: TBD, based on approved invoice quantities Dollars $( TBD ) In consideration therefore, Subcontractor agrees as follows: Sections 1. Scope of Work: Subcontractor agrees to furnish and perform all work described in Paragraph 3 for the construction of Sample Project Name for Active Construction, Inc. ("Contractor") and subject to the terms of this Subcontract and of the contract between ("Owner") and Contractor dated including without limitation the Owner's general and special conditions, technical specifications, drawings, and addenda issued through the date of this Subcontract (hereafter the "Main Contract" or "Main Contract Documents"). 2. To be bound by all laws, government regulations, and orders and all terms and conditions of the Main Contract, to the extent of the work herein subcontracted, which provisions are hereby incorporated by reference, and all of the terms and conditions of this Subcontract.. Incorporation by Reference. All terms and conditions of the Main Contract (including its general and special conditions) are incorporated by reference into this Subcontract. If a conflict arises between the terms of this Subcontract and those of the Main Contract, the terms of the Subcontract shall control. The Main Contract documents are provided with the link in Appendix to this Subcontract. By signing this Subcontract, Subcontractor certifies it has received and reviewed the terms and conditions of the Main Contract, including its general and special conditions, and agrees to be bound by them to extent of the subcontract work. 3. To provide all supervision, materials, labor, supplies, and equipment for (Work Description, Specification Numbers, Addenda, etc. on following page (s)): Ever 81221] 134 5) [FED Only] E -Verify: Enrollment in, and use of, the E -Verify system by Subcontractor is required. Subcontractor shall provide Contractor with a copy of their Maintain Company page from E -Verify to prove entulluteut. Upon request, Subcontractor shall furnish Contractor with a copy of the Memorandum of Understanding between the Subcontractor and Department of Homeland Security. 6) [FED Only] Prompt Payment: FAR 52.232-27 (Prompt Payment for Construction Contracts) is incorporated herein by reference. If, and to the extent that, such clause conflicts with any provision of this Subcontract, the FAR clause controls. Subcontractor is required to flow down to each of its own subcontractors and suppliers the requirements of this clause, including the assurance that the clause is included in contracts with each lower -tier subcontractor or supplier. 7) [JBLM Only] Base Access: This project is on a Department of Defense site. Special Clearance is required for all employees to enter the site and includes but is not limited to Subcontractor's delivery personnel, home office staff, etc. Subcontractor shall be responsible for all costs with gaining access to the base. Denial of access by the Department of Defense for certain personnel during the course of the project does not constitute grounds for a claim(s) or excuse the Subcontractor from performing in accordance with the project schedule. Contact Contractor's site team to see if there are any updates to base access prior to work starting. RAPIDGate IS accepted on JBLM. A non -enhanced WA State driver's license is NOT an acceptable form of Identification for military installations. Embossed birth certificate or passport is required, without a RAPIDGate pass for entry on to JBLM. 8) [x] Apprentice Utilization Requirements: Subcontractor's attention is directed to the Apprentice Utilization Requirements of the Main Contract Special Provisions which requires 15% of the total contract hours be performed by registered apprentices; monthly reporting, in a format acceptable to Contractor is required, is required. 9) [xlBuy America: In accordance with Buy America requirements contained in 23 CFR 635.410, the major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American made materials only. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form`350-109EF,provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109EF. 10) [FED Only] Retention: Subcontractor is required to bill for any withheld retention, which is payable ten days following satisfactory completion of Scontractor's work. These payment terms supersede any conflicting payment terms herein. 11) [NO FED FUNDS] Retention: Subcontractor is required to bill for any withheld retention. 12) As a condition precedent to payment, Subcontractor will Comply with all requirements, and furnish all documentation as outlined in the Subcontract Cover Letter, required in this Subcontract, the Main Contract, and required by law, including but not limited to,.Certified Payroll Records. Subcontractor will cooperate with the Contractor to ensure timely, proper completion of all forms, reports and requirements. 13) Contractor may, from time to time, require additional documentation to facilitate payment. Subcontractor will comply with any reasonable request for additional documentation. 14) Contractual Requirements: The Contractor shall not discriminate against any employee or applicant for contracted employment because of race, religion, color, national origin, sex, age, marital status, or the presence of any physical, sensory or mental disability. 1) The Contractor shall maintain a Work site that is free of harassment, humiliation, fear, hostility and intimidation at all times. Behaviors that violate this requirement include but are not limited to: a) Persistent conduct that is offensive and unwelcome. b) Conduct that is considered to be hazing. c) Jokes about race, gender, or sexuality that are offensive. d) Unwelcome, unwanted, rude or offensive conduct or advances of a sexual nature which interferes with a person's ability to perform their job or creates an intimidating, hostile, or offensive work environment. e) Language or conduct that is offensive, threatening, intimidating or hostile based on race, gender, or sexual orientation. f) Repeating rumors about individuals in the Work Site that are considered to be harassing or harmful to the individual's reputation. 2) The Contractor shall, in all solicitations or advertisements for employees, state that all qualified applicants will be considered for employment, without regard to race, creed, color, national origin, sex, age, marital status, or the presence of any physical, sensory, or mental disability. 3) The Contractor shall insert the following notification in all solicitations for bids for Work or material subject to federal laws and regulations and made in connection with all program and activities and, in adapted form in all proposals for negotiated agreements: Page 3 of 22 Ever. 8.12.21) PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction.com AC-TI-VCI-164-JL 1C71a on "F,grlul limplornurrm Oppor7roti.1 Enlplorer.. 135 Commercial General Liability: A policy of General Liability Insurance, including: • Per project aggregate • Premises/Operations Liability • Products/Completed Operations — for a period of one year following final acceptance of the work. • Statute of Repose — for a period of 10 Years • Personal/Advertising Injury • Contractual Liability • Independent Contractors Liability • Stop Gap/Employers' Liability • Explosion, Collapse, or Underground Property Damage (XCU) • Blasting (only required when the Subcontractor's work under this Subcontract includes exposures to which this specified coverage responds) Such policy must provide the following minimum limits: $1,000,000.00 Each Occurrence $2,000,000.00 General Aggregate Stop Gap/Employers' Liability $1,000,000.00 I Each Accident $1,000,000.00 Disease — Policy Limit $1,000,000.00 Disease — Each Em o ee 1W Professional Liability (if applicable): $1,000,000.00 Per Claim/A re ate Automobile Liability: Automobile Liability for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if "pollutants" are to be transported. Such policy(ies) must provide the following minimum limit: $1,000,000.00 Combined Single Limit Worker's Compensation: Subcontractor shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Subcontractor shall provide insurance and a certificate of insurance which: (1) names Contractor and Owner as additional insured's without qualification, limitation or reservation; (2) is endorsed to be primary and non-contributory with any insurance maintained by Contractor or Owner; (3) contains a waiver of subrogation against Contractor and Owner; and (4) contains a severability of interest provision in favor of Contractor and Owner. 6. As defined in Article (D) herein, Subcontractor's right to any and all payments for performance under this Subcontract is subject to Payment Contingent on Client Payment. 7. As defined in Addendum (X) herein, Non -Discrimination, Equal Employment Opportunities, Federal Aid, and Severability, all clauses shall apply to this agreement. 8. Commencement Before Receiving Fully Executed Contract. If Subcontractor commences performance of the Work before receiving a fully executed copy of this Subcontract signed by Contractor, then Subcontractor's commencement of such work shall serve as its agreement to be bound by the terms and conditions of this Subcontract including all contract documents incorporated herein by reference. Subcontractor agrees that any portion of Subcontractor's Work performed prior to the execution of the Subcontract, including but not limited to incidental preparation activities shall be governed by and subject to the terms and conditions of this Subcontract. This Subcontract document Page 5 of 22 wer. 8.12 211 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction.coin AC-TI-VCI-164-JL 'l is an "Equal Linplurnrem Oppu 136 IN WITNESS WHEREOF, CONTRACTOR and SUBCONTRACTOR have executed this Subcontract, effective the day and year first above written. By ACTIVE CONSTRUCTION, INC. CONTRACTOR (Company Name) CONTRACTOR (Authorized Signature) David Ceccanti, President Print Name and Title AC-TI-VC-I-164JL Registration Number [ver 8 12 21] [SUBNAM] SUBCONTRACTOR (Company Name) By SUBCONTRACTOR (Authorized Signature) Print Name and Title Registration Number Federal Tax I.D. Number t Workers' Co nsati . n Account I.D. Number UBI Number Page 7 of 22 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction.coin AC-TI-VCI-164-JL ICI is on "Lgaal Ernplovinc l7/ ()ppo, I nai(1 Employer 137 until acceptance of the Subcontract work. Subcontractor shall notify Contractor of the assignment of the proceeds of this Subcontract prior to such assignment and shall require the acceptance by Assignee of the terms of this Subcontract including the obligation for adjustments and return to Contractor of overpayments, Subcontractor acknowledges that all payments accepted by him or which are otherwise due under this Subcontract shall constitute a trust fund in favor of laborers, materialmen, governmental authorities, and all others who are legally entitled to claim a lien on the premises covered by this Subcontract or otherwise file a claim against any retainage or payment bond. Subcontractor shall pay its own subcontractors and suppliers all sums owed them within ten days of receipt of payment from or on behalf of Contractor. Subcontractor agrees that no assignment of any payment otherwise due under this Subcontract shall be effective without first securing the express approval of any assignee to the limitations contained in this subsection. Final Payment. Contractor shall forward Subcontractor's application for final payment upon acceptance of Subcontractor's Work by Owner, Contractor, and if necessary, Architect and upon Subcontractor furnishing evidence of fulfillment of the Subcontractor's obligations in accordance with the Contract Documents and the following: (1) satisfaction of required close-out procedures; (2) submission of Subcontractor's final waiver of claims and release of lien; (3) submission of final waivers of claims and releases of lien from Subcontractor's own lower -tier subcontractors and suppliers of material and equipment; and (4) consent of surety to final payment, if required. Acceptance of final payment shall constitute a waiver of all claims by Subcontractor relating to Subcontractor's Work, but shall in no way relieve Subcontractor of liability for the obligations assumed under this agreement or the Main Contract for faulty or defective Work appearing after final payment. Contractor may pay any claim lien, or any lienable item related to or arising from the performance of Subcontractor's work, or any subtler - subcontractor or supplier of labor, equipment or materials used in connection with the work, directly or by joint check, and deduct such amount from the monies owed to Subcontractor and charge a fee for the administration of payments. In the event such payments exceed the amount of the Subcontract; Subcontractor shall repay Active Construction within two (2) weeks of billing and shall pay Active Construction interest on the outstanding amount at a rate of one percent (1%) per month until the outstanding amount is paid in full If Subcontractor is a (U)DBE, and the Main Contract so requires it, the joint check agreement must be approved by the Owner on Joint Check Request Form (form # 272-053). The form must accompany the DBE Joint Check Agreement between the parties involved, including the conditions of the arrangement and expected use of the joint checks. •� E. CHANGES & CLAIMS Contractor may, without invalidating this Subcontract order in writing extra work or make changes by altering, adding to, or deducting from the work and the Subcontract price shall be adjusted accordingly. All such work shall be executed under the terms and conditions of the Main Contract and this Subcontract. Subcontractor shall make no claims for extras unless the same is mutually agreed upon in writing before commencement of the work or unless performed under a written protest provided to Contractor within one business day following Subcontractor's receipt ofa directive from Contractor, If additional work has been accepted by Owner, d subject to the other requirements of this contract, payment shall be made to Subcontractor within ten (10) days after Owner's payment to Contractor (unless theAquest for additional work originated with Contractor in which case payment shall be made within a reasonable time following contractor's acceptance of the changed work). If any dispute arises over adjustment of the Subcontract price or time, Subcontractor shall proceed with the work and the dispute shall be resolved under the procedures set forth in the "Disputes". section below. Subcontractor acknowledges that, unless stated otherwise in a written change order, the terms of a written change order shall constitute full payment and accord and satisfaction for all costs incurred, labor performed, material and equipment furnished, and any resulting delay, acceleration, or loss of efficiency associated with the change in the work. Any claim for increase in the Subcontract price must be supported by a written pre -claim notice in the form required by the Main Contract and must be provided to Contractor in sufficient time to enable Contractor to provide timely notice to Owner. If the Main Contract includes no pre -claim notice requirement, Subcontractor shall provide Contractor with a preclaim notice no later than forty-eight (48) hours after the first occurrence of any event out of which its claim arises. Pre -claim notices shall be in writing and describe the event in sufficient detail to enable Contractor to ascertain the basis of the claim arid to investigate, document, and mitigate the situation. Subcontractor shall submit its Claim for additional compensation or time in conformity with the requirements of the Main Contract. If the Main Contract does not address the substance and timing of a Claim, Subcontractor's Claim shall be provided to Contractor no later than twenty-one (21) days after the event out of which the claim arises. In addition to any information required by the Main Contract, Subcontractor's Claim must include the following. I) A detailed factual statement of the claim for additional compensation and time providing all necessary dates, locations, and items of work affected by the claim, 2) The date on which the facts arose which gave rise to the claim. 3) The name of each individual knowledgeable about the claim. 4) The terms of the Subcontract and Main Contract which support the claim and a statement of the reasons such provisions support the claim. 5) If the claim relates to a decision of the Owner or its Design Professionals which the contract documents leave to their discretion or which the contract documents provide that their decision is final, Subcontractor shall set out all facts supporting its position relating to the decision of the Owner or its Design Professionals. 6) The identification of any documents and the substance of any oral communications that support the claim. 7) Copies of identified documents that support the claim (which are to standard the industry manuals used by Contractor may be included by reference). 8) If an extension of time is sought: (a) the days and dates for which it is sought, (b) the reasons the Subcontractor believes a time extension should be granted, (c) the Subcontract and Main Contract terms under which it is sought, and (d) the Subcontractor's analysis of its progress schedule to demonstrate the reason for a time extension. 9) If additional compensation is sought, the exact amount sought and a breakdown of that amount into these categories: (a) labor; (b) materials; (c) equipment (the following information shall be provided for each piece of equipment: a detailed description, the hours of Page 9 of 22 Iver 812211 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction,com AC-TI-VCI-164-JL !(7 cs nn l:qunl l,m/loi nrm (J/�hurinnin l:nryihn er.. 138 L. DUALITY Materials condemned by Contractor, Architect/Engineer, or Owner as failing to conform to the Main Contract, worked or not, shall upon notice from Contractor be immediately removed by Subcontractor. Failure of Contractor to immediately condemn any work or materials as installed shall not in any way waive Contractor's right to object thereto at any subsequent time. Inspection or testing by Contractor, Owner or Architect shall not be construed as constituting acceptance and shall not relieve Subcontractor of responsibility for any non-compliance, damages to or loss of the Work prior to acceptance, or in any way affect the continuing rights of the Contractor or Owner after acceptance of the completed Work. M. JOB DAMAGE Job damage caused by Subcontractor (or others for whom it is responsible) to work other than its own shall be reported immediately to Contractor and Subcontractor shall be responsible for the cost of its repair. Job damage caused by Contractor to work of a Subcontractor shall be reported immediately to Subcontractor and Contractor shall be responsible for its repair, N. SAFETY AND HOUSEKEEPING Safety. Subcontractor shall take all reasonable safety precautions pertaining to its work, including compliance with applicable laws, ordinances, regulations (including OSHA/WISHA) and orders of public authorities (whether federal, state or local) and any safety measures requested by Contractor. Subcontractor shall at all times be responsible for maintaining a safe jobsite and for the conduct and safety of its personnel, equipment and materials. Subcontractor shall furnish all required safety equipment for its work and ensure its employees and lower -tier subcontractors' employees have and wear all required personal protective equipment. Subcontractor shall maintain a written Accident Prevention Plan and a job -specific safety plan in compliance with applicable regulations. Subcontractor's Accident Prevention Plan shall address subcontractor's role and responsibilities pertaining to safety on the jobsite, training and corrective action and be tailored to safety and health requirements for the work involved. Subcontractor shall have and enforce a disciplinary action schedule in the event safety violations are discovered. When and as requested by Contractor, Subcontractor shall provide information regarding safety matters. Subcontractor shall promptly provide Contractor with written notice of safety hazard s) or violation(s) found on the jobsite or of any injury to its jobsite personnel. Contractor's supervisor may direct Subcontractor's superintende remove employees not in compliance with the requirements of this Subcontract. Subcontractor agrees to defend, indemnify and hold Contractor harmless from all WISHA an o OSHA Claims, demands, proceedings, violations, penalties, assessments or fines that arise out of or relate to Subcontractor's failure to comply with any safety -related laws, ordinances, rules, regulations, orders or its obligations hereunder. Contractor may charge against the sums otherwise owing to Subcontractor the amount of any fine and the fees, costs and expenses incurred by Contractor in defense of the claims citation and/or fine arising from or relating to Subcontractor's safety failures, In the event Subcontractor does not promptly correct a safety violation, Contractor may order Subcontractor to stop work until the violation is corrected and may correct the violation and charge all costs of compliance to the Subcontractor. Housekeeping. Subcontractor shall regularly remove all refuse, waste, and debris produced by its operation. Refuse shall not be permitted to accumulate to the extent that it interferes with free access to the work site or creates a safety concern. Avoidance of safety hazards through good housekeeping is a material part of Subcontractor's obligations. In the event of Subcontractor's failure or refusal to meet these requirements, refuse may be removed by Contractor and charged against the account of Subcontractor, provided that Subcontractor has received 48 hours prior written notice. In the event of the existence of a safety hazard, Contractor may proceed as above without prior notice. Subcontractor agrees to be responsible for a pro rata share of any backcharges for housekeeping assessed Subcontractor agrees to abide by all state and local safety regulations including, but not limited to, all WISHA, OSHA and Department of Labor & Industries standards. You will have your safety program onsite as well as any outer supplemental safety programs relating to this particular project. Your crews should be trained on your safety program, and will be made.a re of all hazards of this project. You will conduct a weekly onsite safety meeting. A copy of each safety meeting, signed by your attending crews, will be submitted to this office on a weekly basis. You will submit two copies of your safety program and any other supplemental progra 'to this office before work commences. The requirements of this addendum apply to all subcontractors and suppliers regardless of tier. Subcontractor is required to include a clause similar to the language included in this addendum in any lower -tier subcontracts and purchase orders. The Occupational Safety and Health Administration (OSHA) is requiring construction employers to comply with a new Hazard Communication Standard. Under this new standard, employers must implement a written "hazard communication program" which will detail the company's operating procedure relating to hazardous materials, and include a training program for employees. Although problems with the program still must be resolved, the wise contractor will begin early to develop a written hazard communication program, rather than waiting for an OSHA warning after the plan is in effect. In order to be ready to comply with the program when it is finalized, an employer should begin collecting information on hazardous chemicals that are used; notifying employees; and keeping records of efforts made toward compliance. Under the new HCS, the method of labeling chemical containers must be consistent and understandable. Labels must include the name of the chemical, a hazard warning and a summary of important information available from the Material Safety Data Sheets. Manufacturers must provide labels on all containers of hazardous chemicals. Construction employers must be sure that all substances in the work place are labeled, or clearly marked with their identity and appropriate hazard warning. Torn or illegible labels must be replaced. Material Safety Data Sheets (MSDS) should come with every shipment of hazardous chemicals received after September 23, 1987. These sheets describe the substance, potential hazards, emergency procedures, and the name of the person to be contacted for additional information. If a manufacturer fails to provide an MSDS, one should be requested in writing. All MSDS forms and updates must be kept on file. A list of hazardous substances currently used within a company must be posted by the work area. Domestic manufacturers as well as importers have the obligation to provide MSDS forms. In light of the uncertainty over multi -employer job sites, it is recommended that copies of the HCS plait and the MSDS forms be kept not only in the office, but also by the top superintendent or foreman on every job site. The Hazard Communication Standard is also known as the "right to know" law, which means employees have a right to know about the chemicals or hazardous substances they may be working with on a job. Employees will have to be trained on the safety and health hazards associated with the chemicals in their work area. Employees should be instructed on how to detect the presence or release of toxic chemicals; how to read and interpret information on labels and Material Safety Data Sheets; how to respond to an emergency; what safe work practices should be followed; and a general explanation of the HCS and the company's step to comply with it. Each employee's training must be documented by the employer. Page 1 l of 22 [ver. 8.12.211 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www activeconstrucuon corn AC-TI-VCI-164-JL IC'/I.san "/:qn.,' 139 final determination of any dispute resolution procedure between Owner and Contractor. It is expressly understood and agreed that as to any and all claims asserted by Subcontractor in connection with this project arising from the actions or fault of Owner, Contractor shall not be liable to Subcontractor for any greater amount than Owner is liable, to Cnntrarrnr, less any markups or costs incurred by Contractor. As to any claims asserted by Subcontractor for or on account of acts or omissions of Owner or its agents or design professionals, at the sole option of Contractor, Subcontractor agrees to prosecute such claims in Contractor's name, For any amount recovered or collected (whether through proceedings or settlement) by Subcontractor, Contractor shall be entitled to 10% of such amount received or collected as its mark-up for such claims. Subcontractor shall have full responsibility for preparation and presentation of such claims and shall bear expenses thereof including attorneys' fees. 2. Arbitration: All other claims, disputes, and other matters in question between Contractor and Subcontractor arising out of, or relating to, the Main Contract or this Subcontract, the breach thereof, or work thereunder (for which a dispute resolution procedure is not otherwise provided in the Main Contract), shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. Contractor and Subcontractor agree to be bound by the findings and award of such arbitration finally and without recourse to any court of law other than for the enforcement of the arbitrator's decision. 3. Mediation: As a condition precedent to the hearing of any trial or arbitration, the parties to this Subcontract shall submit any and all disputes between them to non -binding mediation with the assistance of a recognized professional mediation service. The parties shall each designate a representative with full settlement authority who will participate for at least four hours in the mediation. The parties shall bear equally all expenses, exclusive of attorneys' fees, associated with the mediation. U. INDEMNIFICATION Subcontractor to indemnify and defend Contractor, the Owner and the indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the Owner and the Indemnified Parties in Section 5 of the Main Contract. Subcontractor to ensure that each lower -tier subcontract includes a provision requiring each lower -tier Subcontractor to indemnify and defend Contractor, the Owner and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Subcontractor agrees to indemnify and defend the Contractor, Owner and the Indemnified Parties in this section U. Subcontractor agrees to defend, indemnify, and hold harmless Contractor from any and all claims, demands, losses, and liabilities to or by third parties arising from, resulting from, or connected with services performed or to be performed under this Subcontract by Subcontractor, its agents or employees, even though such claims may prove to be false, groundless or fraudulent, tot ful<e-yt permitted by law andsubject to the limitations provided below. Subcontractors duty to indemnify Contractor shall not apply to liability for damages arising out o to persons or damage to property caused by or resulting from the sole negligence of Contractor or its agents or employees. Subcontrao indemnify Contractor for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting frncurrent negligence of (a) Contractor or its agents or employees, and (b) Subcontractor or its agents or employees shall apply only to th tent of negligence of Subcontractor or its agents or employees. Subcontractor specifically and expressly waives any immunity that may be granted it tinder the'Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification obligation under this Subcontract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefits acts, or other employee benefits acts: provided Subcontractor's waiver of immunity by provisions of this paragraph extends only to claims against Subcontractor by Contractor, and does not include, or extend to, ant claims by Subcontractor's employees directly against Subcontractor, Upon Contractor's tender of defense under this indemnity provision, Subcontractor agrees to appoint counsel of Contractor and/or Owner's choice to defend Contractor and/or Owner against third party claim(s). Such counsel will be at the sole expense of Subcontractor. Subcontractor's duty to indemnify Contractor for liabilities or losses other than for bodily injury to persons or damage to property shall apply only to the extent of the fault of Subcontractor or its agents, employees, sub -subcontractors or suppliers of any tier, except in situations where fault is not a requirement for liability, in which case indemnity will be provided to the extent the liability or loss was caused by Subcontractor or its agents, employees, sub -subcontractors or suppliers of any tier. The indemnification obligation under this Subcontract shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefits, or other employee benefits acts. Entitlement to recovery of defense costs shall include all fees (of attorneys and others), costs, and expenses incurred in good faith. In addition, Contractor shall be entitled to recover compensation for all of its in-house expenses (including materials and labor) consumed in its defense. THE UNDERSIGNED HEREBY CER ' THAT THIS INDEMNIFICATION PROVISION WAS MUTUALLY NEGOTIATED ACTIVE CONSTRUCTION, INC. ISUBNAMI CONTRACTOR (Company Name) SUBCONTRACTOR (Company Name) CONTRACTOR (Authorized Signer) SUBCONTRACTOR (Authorized Signer) David Ceccanti, President Print Name and Title Print Name and Title V. SUBMITTALS Subcontractor shall furnish drawings, specifications, final selections of materials and other specified items in the quantity required by the Main Contract for approval by Owner of Owner's agent so as not to delay progress of the Work. All submittals (not piecemeal) shall be delivered to Contractor no later than the date specified in Contractor's request for submittals. Delivery to Contractor of approved Operation and Maintenance manuals, if required by this agreement, are required as a condition precedent to approval of Subcontractor's final application for payment and prior to release of retention. Submittals shall include sufficiently detailed information to construct the work and ensure timely fabrication, delivery, and installation of the Work. Approval of submittals by Contractor shall not relieve Subcontractor of its obligation to perform the work in compliance with the Contract Documents. Page 13 of 22 Iver,s.12. 211 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www,activeconstruction coin AC-Ti-VCI-164-JL J, 140 (10) The Subcontractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, age, disability, or national origin in the selection and retention of lower tier subcontractors, material suppliers, or equipment rental/leasing companies. (II) The Subcontractor designate a responsible official to monitor all employment related activity to ensure that the Subcontractor's EEO Policy is being carried out, to submit reports relating to the provisions as may be required by the government and to keep records. Records shall include, as a minimum for each employee; their name; address, telephone numbers, construction trade, union affiliation (if any), employee identification number (when assigned), social security number, race, sex, job classification and level, any date of changes to their job classification, hours worked per week at each job classification, rate of pay, and locations where their work was performed. Records shall be maintained in an easily understandable and retrievable form. (12) Upon written request by Contractor, the Subcontractor shall submit an acceptable written Affirmative Action Plan to Contractor within fifteen (15) calendar days after such request. (13) Subcontractor further agrees to include all the requirements of this Nondiscrimination Section in all its lower tier subcontracts and/or supply agreements with such modification of language as necessary to make them binding on the lower tier subcontractor and/or suppliers, (14) Subcontractor certifies, by execution of this Subcontract Agreement, that Subcontractor does not maintain or provide for its employees any segregated facilities at any of its establishments, and that Subcontractor does not permit its employees to perform their services at any location where segregated facilities are maintained. Subcontractor agrees that breach of this certification is a violation of the Equal Employment Opportunity clause in this contract. Subcontractor further certifies that no employee will be denied access to adequate facilities on the basis of race, color, religion, sex, sexual orientation, age, disability, or national origin. As used in this certification, the term "Segregated Facilities" means any waiting room, work area, restroom and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing rooms, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees, which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, age, disability, or national origin because of habitat, local custom, or otherwise. Subcontractor agrees that it will obtain identical certification for all lower tier subcontractors and/or material suppliers prior to award of any lower tier subcontracts or supply agreements exceeding $10,000 and that Subcontractor will retain such certifications in its files. (15) In the event the Subcontractor is not in compliance with the Nondiscrimination clause in this Section, or with any of the said rules, regulations, or orders, this Subcontract Agreement may be subject to sanctions, including, but not limited to' withholding payments, cancellation, termination, or suspension of the Subcontract in whole or in part. The Subcontractor may be declared ineligible for further Government contracts or Federally assisted construction projects in accordance with the procedures authorized in Executive Order 11246 or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by Local, State, or Federal law ad the Main Contract. X. MISCELLANEOUS -- This Subcontract shall be considered to have been made in and shall be interpreted under the laws of the State of Washington. The site or venue of any mediation, arbitration of lawsuit arising out of this Subcontract or the work hereunder shall he Pierce County, Washington or other venue at Contractor's option, Any written notice required to be given to a party shall be hand -delivered or delivered to the address of that party indicated above. Subcontractor shall comply with all federal, state, and local laws, regulations and orders prohibiting discrimination on the basis of race, religion, sex, or national origin. This Subcontract represents the final understanding of the parties and Contractor assumes no responsibility for any different understanding or any representations made by any of its officers, agents, or'others prior to the execution of this Subcontract unless expressly stated herein. In the event one or more provisions of this Subcontract shall be determined by a court of competent jurisdiction to be invalid then all other portions of this Subcontract shall continue in full force and effect without compromise by modification or amendment. FEDERAL AID PROVISIONS (if applicable to the referenced project) On contracts financed in whole or in part with Federal funds, the Subcontractor shall comply, when applicable, with the Required Contract Provisions Federal Aid Construction ContractS,(FWIIA 1273) antI'the amendments thereto supersede any conflicting provisions of Standard Specifications to the Main Contract; provided, however, that if any of the provisions of FHWA 1273, as amended, require that the Subcontractor insert the FHWA 1273 and amendments thereto in each lower tier Subcontract, together with the wage rates are part of the FHWA 1273, as amended. NOTE Wage Decision number s for this project. Subcontractor further agrees to comply with all other Federal Aid Provisions included in the Main Contract as may be required from time to time and also provide that all lower tier subcontracts and/or supply agreements include these provisions as applicable. Y. ATTORNEYS' FEES In the event ofa dispute between parties to this agreement, each will be responsible for bearing its own attorney fees and costs of litigation. However, notwithstanding the preceding, where by statute or ordinance one party would be entitled to an award of its attorney's fees upon being found the prevailing party, the other party upon being found the prevailing party (whether or not provided for by statute or ordnance) shall be entitled to an award of its reasonable fees and costs. In the event the prevailing party is determined to be entitled to an award of attorneys' fees, any such award (whether pursuant to statute, contract, common law, or recognized ground in equity) shall be subject to the following: (1) only reasonable attorney's fees may be awarded; and (2) that portion of any attorneys' fees incurred by a party in excess of an amount equal to one-third of the total amount awarded (exclusive of interest, fees and costs) shall not be deemed reasonable. Z. SPECIAL PROVISIONS CERTIFICATE OF INSURANCE SHALL NAME ACTIVE CONSTRUCTION, INC. AS ADDITIONAL INSURED. (See articles P & Qfor additional insurance requirements). Page 15 of 22 her 8 12 211 PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction corn AC-TI-VCI-164-JL 117 i.s on "Equal Enii r'' 141 ADDENDUM "B" Sample Certificate of Insurance II "i:nn(111I'lujccl Inu 1('I .Iuh \u. 00-000 I ur J '1 li\ VN1I I,l IL u'v I IZ \I 11111,1 I'a;eIo1'I ACORDI. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: xxxxxxxxx rRIWEvITUuc NAI. xxxxxxxxx INSVRER ti AFFORDMO COVERAGE NAEt XXXXXXXXX INSURER A: INSURED INSURERS- INSURERC" XXxXXXXXX INSURERD: xxxxxxxxx INIVRERE" XXxxxXXxx INSURER F: r'OVFRAGEN CFRTIF1cATF NLIIARFR NFVICIFIN NIIMRFR' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LUSTED BELOW HAVE BEEN ISSUED TOTHE IttURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1'MICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS HAD CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: Idie Lto TYPEOFINSURANCE SUN POLICY NUMBER ecLucT EFF MUODIVYYY poLICrcaP Y1"v L9MTi A oENeRAL IJautATY X X 10001110101 E+c,occ000mca 41,000,000 CCI.ILEROLAI GENT=_rvW'LIA?ILm' W� E10 REI.-E➢ $100,000 -LiCLASA3I.lACE OOU;R IAED IXP'h^^/mew nl S15000 Fcnooso/API SwJJAY *1000000 GREPALN.OREOATE $2,000,000 GENT, KAOREOATE LII.In APFLJE3 PER. PRODUCTS -COSFIOP AOO *2000000 xlicv X PRti Lac s C AUT01ORRELIABILrT Y X X 10001110101 Eom0'WYI cLEWAIT n t,000,DDo BODILYINAIRYIItrperxn` I X ,,AO, O ALL O/NNED .CHED'JLE0 AUnos .AUTN BODILY INA1RY IF?, KctlMl I PROPERTY6Ut,GE IFv rtltivil X HIRED AAR08 X NCNI 'AHED AAIr09 5 B UNBRELLAWBLJ OCCUR 1 000 111 0101 EAUI OCCURRENCE I AOOREOATE 3 X EXCESS WAS X CLNIASiNDE OED RETINTICM1 I $ A IKEA! CCYPEN"ARON A IO EMPLOYER IMRI ' LETY Nc PROFRIETORYARTNEREXEOVTNE Yr N OFFIGERIELRER E%CLUO ED' NIA 100D1110101 WA Stop Gap wC 3TATJ- ern - LISTS Ee EACNac ioEVT $1,000,000 r; --",,E E -E V"'CYEE *1 ,000,000 LMSMMpry MNMt 6co1pn ON CFOPERATIONL Mae. EL CIB:ARE- FWJCY LIMIT $1000000 Professional Liability if a she Ole to Scope of Work is requ ed at the Ii its provide in the Main Contract. DESCRIPTION OF OPERATES I 1 LOCATIONS) VEHICLES (Anson ACORD 101, AEGSIonN Romslkc 10100110, Y nIVF [PANT IC npuNM) RE. ACI Job Number 16 -GOB - City of Tumwater Blvd I I-5 SB Ramp Improvement Project Active Construction, City of Tumwater, its officers, elected officials, employees, agents and volunteers, Washington Dept. of Transportation and its officers, elected officials, employees, agents and volunteers are included as Additional Insured per the attached endorsement(s). Endorsements required for primary, non-contributory coverage IorGL and Auto - Endorsements are Required CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CAIICELLED BEFORE Active Construction, Inc. THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN P -O- Box 430 I ACCORDANCE WITH THE POLICY PROVISIONS. Puyallup, WA 98371 AUTHORIZED REPRESENTATIVE Page 17 of 22 [ver. B1221] PO BOX 430 PUVALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 byWvby.OctiyeconstnlCtion.com AC-TI-'('I-164-JL 142 ADDENDUM "D" PREVAILING WAGE REQUIREMENTS Inijccf 'nine: ~ample I'roleet,\amr . UU-1100 I or St UN.\\1I (St l3(UN I KM.' I UK) Page I of I This project is subject to Washington State Prevailing Wage Law, Chapter 31.12 RCW and full compliance with this chapter and the rules adopted thereunder is required. The State of Washington prevailing wage rates for COUNTY apply to work performed under this Subcontract. The applicable prevailing wage rates may be found at the following website address of the Department of Labor and Industries: http://wvvw.lni.wa.gov/TradesLiceiising/Prey Wage/WageRates/default.asp Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is datel. Prevailing Wage rate for public works contracts are published on the first business day of February and the first business day of August each year. These rates become effective thirty days after the date of publication. The prevailing wage rate in effect on the bid opening date are the prevailing wage rates that apply to that project, no matter how long it lasts, unless the contract is awarded more than six months after the bids were due. For those contracts where award was delayed more than six months, the prevailing wage rate in effect on the date of the award shall apply for the duration of the contract. Intents and Affidavits Public works contracts require that each and every Contractor, Sub -Contractor and Lower Tier Contractors ("Contractors") on the project file the Statement of Intent to Pay Prevailing Wages (Intent), and Affidavit of Wages Paid (Affidavit Public Works contract form. Contractors are responsible for filing all forms with L&I and shall be responsible for paying all filing fees. The forms are filed with L&I and, once they are approved, are submitteti(by the Contractors to the Owner. There is no minimum dollar contract amount. That is, intent and Affidavit forms are required for very public works contract regardless of the size of the contract. The Intent form is filed immediately after the Subcontract is awarded and before work begs if that is possible. The Contractor shall not make any payments to Subcontractors until Subcontractors have submitted an nt form that has been approved by the Industrial Statistician. The Affidavit form is not filed until after all the work is c pleted. The Contractor shall not release final payment until Subcontractors have submitted an Affidavit form that has b certifed by the industrial statistician. For additional information, contact: State of Washington Department of Labor and Industries Prevailing Wage Section -Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 http://www.lni.wa.gov/TradesLiceiisiii/ W age/defau It. asp Subcontractor must furnish all documentation as required by the Main Contract, and required by law, including Certified Payroll Records. Per WAC 296-127-320 failure to comply shall constitute a violation of RCW 39.12.050, and/or Federal regulations (29 CFR 5.12). [FED ONLY] This project is subject to the Federal Davis -Bacon and related acts. Per WAC 296-127-025) (1) When a public works project is subject to the provisions of the Washington state public works law, chapter 39.12 RCW, and the Federal Davis -Bacon and related acts, the contractor and every subcontractor on that project must pay at least the Washington state prevailing wage rates, if they are higher than the federal prevailing wage rates for the project unless specifically preempted by federal law. (2) When the federal prevailing wage rates are higher than the Washington state prevailing wage rates, the contractor shall pay the federal rate as required by federal law. Page 19 of 22 lver, 6,12.21 ] PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 w ww.activeconstruction.com AC-TI-VCI-164-JL ,4CI is an -Lqn rl l nlphormeilr Opporiuni; 143 ADDENDUM "F" Requirements for Disadvantaged Business Enterprise (DBE) I'rojcct 1\kunc: r At. I Jw 0 lo! 1St li\.\ (,1 Ut. UN I It;\t_ I Uk) Page I of I (complete] (delete if not a DBE w/goal] The Subcontractor acknowledges and agrees that certain portions of the Project are federally funded and that the Project is therefore subject to special conditions regarding Disadvantaged Business Enterprises. The Owner has established a DBE COA Goal for this Project in the amount of: *** eight percent (8%) of the contract total *** Under the provisions of the Main Contract, the Contractor is required to meet the specified DBE participation. Subcontractor agrees, as part of its Subcontract obligations, to provide $XXXXXX of the DBE participation. Subcontractor agrees to comply with all applicable laws, regulations, Main Contract documents, and this Agreement concerning DBE participation on the project. Subcontractor agrees to fully cooperate with the Contractor and Owner in every respect to assure that the DBE goals are met and that the DBE, performs a commercially useful function. Failure to provide the required participation in compliance with the applicable laws, regulations, Main Contract documents, and this Agreement shall constitute failure to comply with the provisions of this Agreement as provided under this Subcontract. Subcontractor agrees to perform a "commercially useful function" as defined in 49 CFR § 26.55, in connection with the work covered by this Subcontract. In doing so, Subcontractor agrees that it will be responsible for and will actually perform, manage and supervise the work covered by this Subcontract and agrees that it will not sub -Subcontract a significantly greater portion of the work than would be expected on the basis of normal industry practices. Subcontractor certifies that t has adequate resources to perform the work covered by this Subcontract. The Subcontractor agrees to prepare and submit all s er subcontracts and material contracts to the Contractor for approval. The Contractor reserves the ri ht to review and rej any and all sub -subcontracts, equipment leases and/or use of other Contractor's personnel entered in% between Subco tor and third parties that do not conform or comply with the provisions of this section, the terms of the Contractor, the requirements of the Owner. Neither the approval of nor the failure on the part of the Contractor to reject such arrangements shall relieve the Subcontractor of any of its obligations under this agreement. In the event it is determined that the Subcontractor fails to perform a "commercially useful function", due in whole to the actions of the Subcontractor, the Contractor shall have the right to terminate the Subcontract, without penalty or liability, and Contractor may recover from Subcontractor any damages Contractor may suffer as a result of Subcontractor's failure to perform a "commercially useful function. Under the provisions of the Main Contract, the Contractor is required to meet the specified DBE participation. Subcontractor acknowledges that the dollar amount of the Subcontract is being used by Contractor to meet the specified goal and warrants that it is a certified DBE under the Owner's DBE ogram. Consequences of Non -Compliance Breach of Contract Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipi or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contras . The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the terMi;nation of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non -responsible. Page 21 of 22 [ver. 8.12.2!] PO BOX 430 PUYALLUP, WA 98371 PHONE (253) 248-1091 FAX (253) 248-1092 www.activeconstruction.com AC-TI-VCI-164-JL .1IC'l is O17 "Egrrol Lm/)/,)I rneru Oppurrrnvn Cuyrloiz-r 1 1. J Active Construction, Inc. Attachment 1, Progress & Final Payment Release and Waiver of Claims and Instructions Page 1 of 2 Progress & Final Payment Release and Waiver of Claims From: Name of Firm Giving Release Business Address City, State, Zip Contact Person: Contact Telephone: Progress Payment Release The undersigned hereby acknowledges that upon receipt of a check from Active Construction, Inc. in the sum of $ , and once that check has been paid by the bank upon which it was drawn, this document shall become effective to release any and all claims and rights to lien of the undersigned arising out of its work on the project through the date of . This release shall include all such claims against Active Construction, Inc., its surety or the property owner. This release shall only apply to expenses incurred, work performed, and labor, equipment and materials provided through the above date and not apply to any right to payment of retainage or for work performed or for claim events occurring after the above date. Signature by Authorized Signer Printed Name & Title Dated this day of , 20 at: Subscribed and sworn before me the day and years first written above: By: Notary Public for: Project:: Project Manager: Project Telephone: Project Name Project Address City, State, Zip Final Release The undersigned hereby acknowledges that upon receipt of a check from Active Construction, Inc. in the sum of $ , and once that check has been paid by the bank upon which it was drawn, this document shall become effective to release any and all claims and rights to lien of the undersigned arising out of its work on the project. This release shall include ALL claims against Active Construction, Inc., its surety or the property owner. This release shall apply to expenses incurred, work performed, and labor, equipment and materials provided through the entire project, including claims for retainage. Signature by Authorized Signer Printed Name & Title Dated this day of , 20 at: Subscribed and sworn before me the day and years first written above: By: Notary Public for: [NOTARY SEAL] [NOTARY SEAL] 145 IACTIVE CONSTRUCTION INC Subcontractor Verification Form PROCEDURE 1. Complete this form to (1) qualify; and (2) verify general responsibility criteria for each first -tier subcontractor to ensure compliance with RCW 39.06.020 2. Complete this form for each proposed subcontractor, prior to subcontract award. 3. Supplemental steps may be added to address supplemental requirements, but no steps may be removed. 4. Address and verify each step below. "Snip" and save verified information in Column C. 5. All fields must be completed, and supplemental documents saved as further instructed. FOR: A. B. Description of Verification Step: C. Save "Snips" in this Column: 1 Subcontractor Name: 2 UBI No. 3 Contractor, Tradesperson or Business: Verify with Department of L&I that Subcontractor is licensed, and https://secure.Ini.wa.gov/verify/ license is current 4 Workers Comp. Premiums: Verify that employers and building trades contractors are registered as a business in Washington and in good standing with L&1. https://secure.lni.wa.gov/verify/ 5 Track Workers Comp: Business Name: Active Construction, Inc. UBI #: 273001533 Account#: 200,933-00 Address: PO Box 430 City, State Zip: Puyallup, WA 98371 Country: USA Tracking Start: auto fill Tracking End: auto fill Email address: amandas@activeconstruction.com Phone number: 253-248-1426 NOTE: Only do this once a year, for each sub. Save the receipt to the sub's folder within the Subcontractor Information Folder 6 Sub has received training approved by L&I, on the requirements related to public works and prevailing wages. (See ESSHB 1673.) Or, be listed on L&I's list of exempt businesses. 7 Electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW 8 Contractor Strike List [WA PW]: This is o list of contractors who have one or more strikes (violations) under prevailing wage 1mv, contractor registration law, industrial insurance low, or apprenticeship law. 9 Employers That Have Violated Wage Law: Effective July 1, 2019 Verify businesses have received or are exempt from this training requirement using your Check Contractor Status tool within My L&I or Verify a Contractor tool. Request copy if applicable https://secure.Ini.wa.gov/deba randstrike/ContractorStrikeList.aspx https://secure.tni.wa.gov/wageviolations/ Page 1 of 2 AGS, 9/23/2022, r2 146 Climate Commitment Act (CCA) Branding Requirements This Project is funded in part by Washington's Climate Commitment Act (CCA). As a condition of receiving CCA funds, the City is required to comply with all branding and public acknowledgment guidelines issued by the State of Washington. The Contractor shall assist the City in meeting these requirements as follows: 1. Acknowledgment Language. The Contractor shall include the following acknowledgment language on any public -facing materials it produces related to this Project, including but not limited to construction signage, informational brochures, and outreach materials, where other funders or project partners are referenced: "The Sidney Road Non -Motorized Improvements Project is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." 2. Logo Use. If the Contractor displays logos of other funders or the City on Project -related signage, webpages, or communications, it shall also include the Climate Commitment Act logo, consistent with the requirements found at www.climate.wa.gov/brandtoolkit 3. Subcontractor Requirements. The Contractor shall ensure that all subcontractors and suppliers involved in public -facing aspects of the Project are made aware of and comply with the above requirements. 4. Proportional Branding. Branding shall be consistent and proportional to the level of CCA funding involved in the Project, and consistent with branding of other funding sources. 5. Review and Enforcement. The City reserves the right to review public -facing materials and Project signage for compliance with this Exhibit. Noncompliance may result in a requirement to correct materials. 147 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Discussion Items: Downtown Revitalization Grant Program (Mayor/Archer) Meeting Date: July 22, 2025 Prepared By: Charli Archer, City Attorney Presenter: Charli Archer, City Attorney Summary and Background: The City Council directed the Mayor to investigate the operational and legal issues regarding establishing a potential grant program to provide funds to local businesses for aesthetic and other building improvements as part of the downtown revitalization efforts. The City Attorney, Mayor, and Finance Department reviewed similar programs offered by other agencies and provided a summarizing memoranda that describes these programs, as well as the legal parameters surrounding the adoption and implementation of such a grant program. Generally, Washington cities generally have broad authority to promote economic development and community revitalization through various loan and grant programs funded by sources such as state or federal grants, or through partnerships with local nonprofit groups or, in some instances, with private entities. Relationship to Comprenhensive Plan: Chapter 6 - Economic Development Recommendation: The City Council requested a discussion item regarding the potential establishment of a grant program to provide funds to local businesses for aesthetic and other building improvements as part of the downtown revitalization efforts. Alternatives: Do not discuss and provide alternative direction. Attachments: Memo re Downtown Revitalization Grant Program.pdf 148 INSLEE ®BEST TO: City of Port Orchard City Council CC: Mayor Putaansuu FROM: City Attorney's Office DATE: July 10, 2025 RE: Legal Issues For Potential Downtown Revitalization Grant Program for Local Businesses I. Question Posed and Short Answer The City Council identified the revitalization of the City's downtown as a policy priority. In furtherance of that goal, the Council has requested a legal analysis regarding the following issue: Can the City establish a grant program to provide funds to local businesses for aesthetic and other building improvements as part of the downtown revitalization efforts? Yes. Washington cities generally have broad authority to promote economic development and community revitalization through various loan and grant programs funded by sources such as state or federal grants, or through partnerships with local nonprofit groups or, in some instances, with private entities. However, the expenditure of public funds is subject to evaluation against the prohibition on the gift of public funds set forth in the Washington state Constitution, which requires certain safeguards are utilized for these types of grant programs to prevent municipalities from `gifting' their money for the sole benefit of private businesses. II. Authority and Analysis A. Statutory Authority for Local Grant Programs for Businesses Multiple provisions in Washington law grant cities and code cities broad authority to support local welfare by establishing funding programs. This includes RCW 35.21.010 and 35A.11.020, which grant and vest authority to support funding improvements in cities and code cities alike, RCW 35.21.703, which promotes engagement in economic development programs, RCW 35.21.278, which permits contracts with community service organizations for public improvements, and Chapters 39.89 and 39.104, which authorize municipalities to finance community and local revitalization programs. Thus, there is a legal foundation in Washington law that supports the implementation of municipal grant programs. 11076748.1 -366922- 0001 Inslee Best Doezie & Ryder P.S. Main: 425.455.1234 Fax: 425.635.7720 insleebest.com 149 Page 2 of 3 B. Navigating the Prohibition on the Gift of Public Funds Although there is a mutual benefit derived from a healthy relationship between a local government and the for-profit businesses operating within its jurisdiction, local grant programs that provide local funds to assist such businesses implicate Article 8, Section 7 of the Washington State Constitution, commonly known as the Public Gift of Funds doctrine. This doctrine prohibits local governments from gifting public funds to private businesses except in "necessary support of the poor and infirm." Additionally, funding is allowed when the expenditure accomplishes a fundamental government purpose or is supported by adequate legal value that the city receives in exchange. While courts will recognize some activities as fundamental government purposes (including police community caretaking functions), giving monetary assistance to private, for- profit businesses has never been classified as such an activity. The legal question at issue is whether "revitalizing downtown businesses" or "enhanced business goodwill" are definitive enough to show legal consideration. Court cases have established that some local government payments to private entities are not unlawful but, since private businesses generally do not have a legal claim for certain disruptive government activities or for alleged violations of legal duties owed to the entire community, payments to businesses to resolve complaints may be legally invalid gifts.' Despite this prohibition in the state Constitution, a longstanding opinion from the Washington Attorney General creates room for federal funds to be distributed by a local municipality to private entities. The opinion concludes that the state constitution's gifting prohibition did not apply to a city's lawful use of a federal grant of funds to the city, reasoning that the gifting prohibition in Article 7 only forbids a local government from improperly giving its own money and that local governments act "only as a conduit" when receiving and disbursing federal grant funds.2 As a result, many successful downtown facade improvement programs, based on a mix of grant and loan programs, have been implemented across the state, using HUD Community Development Block Grants (CDBG) and American Rescue Plan Act (ARPA) funds.3 C. Community Grant and Loan Programs in Other Jurisdictions 1 See, Eugster v. City of Spokane, 139 Wn. App. 21, 156 P.3d 912 (2007) (upholding a settlement between the City and a developer, finding the settlement was not a gift of public funds); Warburton v. Tacoma School Dist. No. 10, (1960) (City's settlement of claim against school district was a valid compromise but the Court left the question of whether the settlement was a gift of public funds unanswered while the dissent supported reversal under the gift of funds doctrine). 2 AGO 1970, No. 24 (Nov. 5, 1970). 3 ARPA funds were made available to state and local governments in response to the COVID-19 pandemic. These funds were required to be obligated by December 31, 2024, with requirements to expend those obligations by December 31, 2026. 150 Page 3 of 3 A number of Washington cities and counties have implemented downtown revitalization programs aimed at providing funding to local businesses to improve building facades, repair damage, and otherwise assist with improving the overall look of local businesses. The programs are a mix of grant and loan programs and are implemented by the municipality or through partnerships with local organizations. • Port Angeles Facade and Sign Improvement Program: Established in 2009, this program uses CDBG funds to provide matching funds to business and property owners for renovations, enhancements, and building improvements along the commercial corridors in the City. Applicants can request a 50% match of project costs from the City, with a maximum of $10,000 for facade improvements and/or $1,000 for signage improvements. • Auburn Facade Improvement Grant Program: Since 2015, the Auburn City Council has allocated $100,000 per year to be awarded to owners of buildings and/or businesses in the downtown Auburn business improvement area • Richland Commercial Facade Improvement Program. Provides local businesses up to $20,000 matching reimbursement to fund exterior building improvements. • Yakima Facade Improvement Program: Administered by the Downtown Association of Yakima since 2015. Grant is a 50/50 matching grand with funds disbursed upon completion of the project. • Centralia Facade Improvement Grant Program: Administered by the Centralia Downtown Association, offers 50% match of improvement costs up to $5,000 • Washington Main Street Program: State assistance with communities that are part of the Program; available to communities who have an independent 501(c)(3) or (c)(6) nonprofit organization dedicated solely to downtown revitalization. The Port Orchard Bay Street Association (POBSA) is a 501(c)(6) that may qualify for this program. Additional Small Business Funding ptions: In addition to the programs above, which primarily deal with structural and facade improvements, the Department of Commerce provides multiple grants and loan programs for small businesses to encourage growth and to support ongoing operations. These programs include the Small Business Flex Fund and the Owner -Occupied Commercial Real -Estate Loan Program (CRE). In conclusion, while the direct gifting to private businesses from the City's general fund is likely to face a legal challenge, funds made available to the City from federal grant programs, or through participation in partnerships such as the Main Street Program (partnering with POBSA) would allow the City to distribute funds through a local grant program for building improvements and facade updates in the furtherance of revitalizing downtown Port Orchard. 151 Ong City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 1.. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Discussion Items: Community Event Center (Bond) Meeting Date: July 22, 2025 Prepared By: Nick Bond, AICP, Community Development Director Presenter: Nick Bond, AICP, Community Development Director Summary and Background: NA Relationship to Comprenhensive Plan: NA Recommendation: Continue discussion from July work study meeting. Motion for Consideration: NA Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: NA Alternatives: NA Attachments: 250715 POCEC Floor Plans.pdf 152 UP III II H TT -- I I I I I I I I c H STAIR 4 96 SF OFFICE OFFICE OFFICE OUTDOOR 61 SF 63 SF 64 SF KIDS AREA OPERABLE PARTITION OFFICE - STAFF WORK ■ 165 SF I - - i i I ROOM O BREAK ROOM IIII 594 SF - - 183 SF ' •'i I I Hflj Ill/ OFFICE - 165 SF KIDS COLLECTION DATA ELEV 2 MDF 34 SF _ 86 SF 42 SF STAFF RR = ADA RR TWEEN SPRINKLER i COLLECTION 133 SF 80 SF JAN 70 SF 32S ■ °O ELEC ROOM FUTURE O 264 SF RESTROOM 74 SF EVENT LOAD TEEN COLLECTION 169 SF I ao • I � I ao FUTURE TENANT SPACE 1,071 SF Ni if!1 I ILJ I I I I / \ I OUTDOOR // // TEEN AREA I ---- ----------------- ------------- ---------- fl ----------- --- ° ------------- ici OO / / / / / , \ -/ H H H H H H H' 00 OO■OO OOOO 0 OO� O O O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LIBRARY STACKS 3,893 SF LIBRARY ASSISTANCE DESK I I OFFICE OFFICE 143 SF 239 SF TECH PRINT/COPY SELF CHECK 00 o 0o LIBRARY 0 PROGRAM O 688 SF OPERABLE PARTITION PROGRAM STORAGE 0 53SF a ALL GENDER HRESTROOMS 358 SF o SHARED BUILDING LOBBY 1,166 SF F - ........ HI °RHHIIII :LEV UP STAIR 3 76S I 325SF mH IIII �IVIIIIIIIL_ PROGRAM STORAGE 178 SF VESTIBULE 176 SF O - I FRIENDS )ELECTION 172 SF JAN 36 SF STAIR 1 IH 209 SF H H H NORTH FLOOR PLAN - LEVEL 01 816 __ PORT ORCHARD COMMUNITY EVENTS CENTER � CITY OF PORT ORCHARD � 07/1512025 153 P L P NORTH FLOOR PLAN - LEVEL 02 8 16 __ PORT ORCHARD COMMUNITY EVENTS CENTER I CITY OF PORT ORCHARD 07/15/2025 RIC a guSMILLER 154 CITY COUNCIL ADVISORY COMMITTEE MEETING DATES STANDING COMMITTEE Date & Time Location Economic Development and Tourism August 11, 2025; 9:30am Remote Access Utilities TBD, 2025; 4:30pm Remote Access Finance August 19, 2025; 4:00pm Remote Access Transportation July 22, 2025; 4:30pm Remote Access Land Use August 20, 2025; 4:30pm Remote Access Lodging Tax Advisory TBD, 2025 City Hall Sewer Advisory September 9, 2025; 3:00pm WSUD Outside Agency Committees Varies Varies Coffee with the Council August 2, 2025; 10:00AM 701 Bay Street *Dates subject to change I1T11e\Y9J:7 Robert (Rob) Putaansuu Mayor Administrative Official ,sl I I I'L(.1uJ ► I'I I I Scott Diener Councilmember Position 3 (Mayor Pro-Tempore) Land Use Committee Transportation Committee, Chair Kitsap Public Health District Eric Worden Councilmember Position 4 Land Use Committee Utilities/Sewer Advisory Committee KRCC-alt DEPARTMENT DIRECTORS Tim Drury Municipal Court Judge Matt Brown Police Chief Mark Trenary Councilmember Position 1 Finance Committee, Chair Transportation Committee, KRCC PSRC-alt Heidi Fenton Councilmember Position 5 Utilities/Sewer Advisory Committee E/D & Tourism Committee Transportation Committee Debbie Lund, CEBS SPHR SHRM-SCP Human Resources Director Nicholas Bond, AICP Community Development Director Jay Rosapepe Councilmember Position 2 Utilities/Sewer Advisory Committee, Chair Land Use Committee, Chair KEDA-alt Fred Chang Councilmember Position 6 E/D & Tourism Committee Finance Committee Noah Crocker, M.B.A. Finance Director Denis Ryan, CPWP-M, CPRP Public Works Director John Morrissey Councilmember Position At -Large Finance Committee E/D & Tourism Committee Lodging Tax, Chair Kitsap Economic Development Alliance PSRC EDD-alt Brandy Wallace, MMC, CPRO City Clerk 155