HomeMy WebLinkAbout058-25 - Source Electric, LLC - ContractDocusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
CONTRACT
CITY OF PORT ORCHARD
LIFT STATION CONTROLS UPGRADE
CONTRACT NO. C O55
Project No. PW2025-014
THIS CONTRACT ("Contract") is made and entered into this 17th day of June 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
Source Electric, LLC hereinafter called the "Contractor."
WITNESSETH:
I. General Provisions.
A. Description of Work.
The Contractor, in consideration of the covenants, agreements and payments to be performed
and made by the City, hereby covenants and agrees to furnish all labor, tools, materials,
equipment and supplies required for, and to execute, construct and finish in full compliance with
the Contract Documents, Lift Station Controls Upgrade. The Contractor further agrees
to perform all such work for the Contract Price stated in the Contractor's Bid Proposal
dated 6/5/2025 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 6/5/2025 together
with the Instructions to Bidders.
Exhibit B — The Special Provisions and Technical Specifications for the Lift Station Controls
Upgrade.
Exhibit C - The Lift Station Controls Upgrade Drawing Index.
All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as
if set forth in full.
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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 342 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);
• 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
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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.F.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
directly or indirectly in the discrimination prohibited by the Acts and the Regulations as
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set forth in Appendix A, attached hereto and incorporated herein by this reference,
including employment practices when this Contract covers any activity, project, or
program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or
leases of equipment, each potential subcontractor or supplier will be notified by the
Contractor of the Contractor's obligations under this Contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, national origin,
sex, age, disability, income -level, or 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.
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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 s/he has
been advised to mark any records believed to be trade secrets or confidential in nature as
"confidential." If records marked as "confidential" are found to be responsive to the request for
records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the
request so as to allow Contractor to seek a protective order from a Court. Contractor
acknowledges and agrees that any records deemed responsive to a public records request may
be released at the sole discretion of, and without notice by, the City.
IV. Termination
The City may terminate this contract for cause or for convenience.
1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to
its surety, terminate (without prejudice to any right or remedy of the City) the contract,
or any part of it, for cause upon the occurrence of any one or more of the following
events: Contractor fails to complete the work or any portion thereof with sufficient
diligence to ensure substantial completion of the work within the contract time;
Contractor is adjudged bankrupt, makes a general assignment for the benefit of its
creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a
material way to replace or correct work not in conformance with the Contract
Documents, Contractor repeatedly fails to supply skilled workers or proper materials or
equipment; Contractor materially disregards or fails to comply with laws, ordinances,
rules, regulations, or orders of any public authority having jurisdiction; or Contractor is
otherwise in material breach of any provision of the contract. Upon termination, the City
may, at its option, take possession of or use all documents, materials, equipment, tools,
and construction equipment and machinery thereon owned by Contractor to maintain
the orderly progress of, and to finish, the work, and finish the work by whatever other
reasonable method it deems expedient.
2. Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the
convenience of the City.
3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled
to make a request for an equitable adjustment for its reasonable direct costs incurred
prior to the effective date of the termination, plus a reasonable allowance for overhead
and profit on work performed prior to termination, plus the reasonable administrative
costs of the termination, but shall not be entitled to any other costs or damages,
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whatsoever, provided however, the total sum payable upon termination shall not exceed
the Contract Sum reduced by prior payments.
V. Corporate Surety Bond
With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of
Dollars ($42,7tith
as Surety, to ensure full compliance, execution and performance of this Contract
Contractor in accordance with all its terms and provisions.
VI. Independent Contractor.
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. Employment of State Retirees.
The City is a "DRS -covered employer" which is an organization that employs one or more
members of any retirement system administered by the Washington State Department of
Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is
required to elicit on a written form if any of the Contractor's employees providing services to the
City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an
individual who retired using the 2008 ERFs, and whether the nature of the service and
compensation would result in a retirement benefit being suspended. Failure to make this
determination exposes the City to significant liability for pension overpayments. As a result,
before commencing work under this Agreement, Contractor shall determine whether any of its
employees providing services to the City or any of the Contractor's owners retired using the 2008
ERFs, and shall immediately notify the City and shall promptly complete the form provided by the
City after this notification is made. This notification to DRS could impact the payment of
retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend,
and hold harmless the City from any and all claims, damages, or other liability, including
attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or
resulting from Contractor's failure to comply with the terms of this provision. This provision shall
survive termination of this Agreement.
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Vlll. Changes
The City may issue a written change order for any change in the Contract work during the
performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed
in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided in subsections A through E of Section
IX entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
IX. Claims. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of
the date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first. Any claim for damages, additional payment for any reason, or extension
of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
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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.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral
order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
X. Limitation Of Actions.
CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH
THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS
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COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. Warranty.
Upon acceptance of the contract work, Contractor must provide the City a two-year warranty
bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable
to the City. The Contractor shall correct all defects in workmanship and materials within two (2)
years from the date of the City's acceptance of the Contract work, including replacing vegetation
that fails to thrive. In the event any parts are repaired or replaced, only original replacement
parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for one (1) additional year from the date
such correction is completed and accepted by the City. The Contractor shall begin to correct any
defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the
City, the City may complete the corrections and the Contractor shall pay all costs incurred by the
City in order to accomplish the correction.
XII. Indemnification.
Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the Contractor's performance
of this Agreement, except for that portion of the injuries and damages caused by the sole
negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. The parties further acknowledge that they have
mutually negotiated this waiver.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
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XIII. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representative, employees
or subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of
the Commercial General Liability insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on
a all-risk policy form and shall insure against the perils of fire and extended coverage and
physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance
covering the work will have a deductible of $5,000 for each occurrence, which will be the
responsibility of the Contractor. Higher deductibles for flood and earthquake perils may
be accepted by the City upon written request by the Contractor and written acceptance
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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.
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.
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G. Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
Project.
H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a
minimum the same insurance coverage and limits as stated herein for the Contractor (with the
exception of Builders Risk insurance). Upon request the City, the Contractor shall provide
evidence of such insurance.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for
any loss of or damage to materials, tools, or other articles used or held for use in connection with
the work.
XV. Miscellaneous Provisions.
A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option conferred
by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to
settle any dispute, difference or claim arising from the parties' performance of this Agreement,
the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit
exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap
County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified to the contrary.
Any written notice hereunder shall become effective three (3) business days after the date of
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
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.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
Signed by:
CITY OQ�tTORCHARD
By:
Robert Putaansuu, Mayor
CONTRACTOR
bm�--
By:
Title:
re\ r1btr
Address: 7OL`"K nnt.r• �Lr
ATTEST:
Signed by:
I°jVal� (Po.�,att,
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Signed by:
I --
Charlotte Archer, City Attorney
NOTICES TO BE SENT TO:
CONTRACTOR: CITY
NAME: Chris Hammer
ADDRESS: 216 Prospect Street, Port Orchard, WA 98366
TELEPHONE: PHONE 360-876-4991
Email: kchammer@portorchardwa.gov
With a copy to the City Clerk at the same address
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
RELEASE OF RETAINAGE BOND
Bond No. 2363983
KNOW ALL BY THESE PRESENTS, That we Source Electric, LLC
as Principal,
and Swiss Re Corporate Solutions America Insurance Corporation
a Corporation of the State of Missouri
, lawfully doing business in the State of Washington ,
as Surety, are held and firmly bound unto City of Port Orchard, Washington
in the penal sum of
Forty Eight Thousand Six Hundred Thirty Six and 30/100
Dollars ($ 48,636.30 ),
for which sum well and truly to be paid said Principal and Surety bind themselves jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
Whereas: Under a contract dated June 17s', 2025 between the above principal and obligee, said principal has agreed to constrict
Lift Station Controls Upgrade — Project No. PW2025-014
and
Whereas: The said obligee has agreed to a release of retainage bond in lieu of retainage as specified under said section of the above mentioned
contract, and the principal has furnished a surety bond guaranteeing the satisfactory performance of said contract in accordance with its terms,
agreements, covenants and conditions on his part to be observed.
Now, Therefore: The condition of this obligation is such that, if the principal shall make repayment to the Obligee, in any amount, of such
released retainage, as appropriate under the terms and conditions of the contract, and shall well and truly perform and fulfill all the covenants
and conditions of the aforesaid contract, then this obligation shall be null and void.
It is further provided that no action shall be instituted against this bond unless commenced, and process duly served within six (6) months after
the completion date specified in the contract.
Signed, sealed and delivered this 26th day of June
, 2025
Source Electric, LLC
Principal (Seal)
By:
Surety: Swiss Re Corporate Solutions America Insurance Corporation
(Seal)
By: Bradley A. Roberts, Attorney -in -Fact
S-2384/GE 11/97
XDP
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
KNOW ALL MEN BY THESE PRESENTS. THAT SRCSAIC. a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City. Missouri. and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JOANNE REINKENSMEYER, KRISTIN JACKSON
DAPHNE ROBERTS, DANEILLE BRYANT, BAILEY BEACH, and YESENIA EVANS
JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President. any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
,.�tpHSAMEq �. o Otis Eryy/''�
'OR P•�R't1 By___________________________ _ -i �J'; OPPORg; .' ,''•, -
S E A L _ , ja PR,id�nl
• 1„: s gag S E A L+a o(SRCSPIC & Senior VicA d.ut of WIC
•
%lytis N�tiSSO SSO yio+� By +..
�''w,,,"* ,,,,.�•`•� ,y« w* .•`� C• riel Jaeyoez, Senior Vk.P si 1 orSRCSAIC ni Vice President
of SRCSPIC & Senior a resident .IWIC
IC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and W IC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 113TH day of MARCH .2025
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook tis Westport Insurance Corporation
On this 13TH day of MARCH , 20 25 , before me, a Notary Public personally appeared David Satory , Senior Vice President of
SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacguez, Senior Vice President of SRCSAIC
and Senior Vice President of SPCSPIC and Senior Vice President of WIC. personally known to me. who being by me duly sworn, acknowledged
that they signed the above Power of Attorney as officers of and acknowledged said instrumegt to be the voluntary act and deed of their
respective companies.
Karen . z�Notary
1. Jeffrey Goldberg. the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th day of June , 20 25
0FFICWI SEAL
KAREN M SZWEDA
Not" Public. State of Illinois
Goldberg. Senior Vice President & �—
Commission No 978628
Assistant Secretary of SRCSAIC and
My Camniition Expires September 26.707•'
SRCSPIC and WIC
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
5% RETAINAGE INVESTMENT OPTION'
Contractor:
Project Name: Lift Station Controls Upgrade
Date:
Project Number:
Pursuant to RCW 60.28.010, as amended, you may exercise an option as t94ow the 5% retainage under this
contract will be invested. Please complete and sign this form indication our preference. If you fail to do so
you will miss the benefit of any interest earned. Select one of the follpiing options:
1. Savings Account: Money will be placed in an inter t -bearing account. The interest will be
paid to you directly, rather than kept on deposit f this is your choice, then please complete
attached SAVINGS ACCOUNTAGREEMENT. P ase state the name of your bank.
Bank:
2. Escrow/Investments: The City will d fiver retainage checks to a selected bank, pursuant
to an escrow agreement. The bank wiljAhen invest the funds in securities or bonds selected by you,
and interest will be paid to you as i3/'accrues. If this is your choice then please complete attached
ESCROW AGREEMENT.
Preferred Bank:
Securities/Bonds:
❑ 3. Guarantee De os" : Retainage will be held by the City. No interest is payable to the Contractor
Retainage is normally releaed 45 days after final acceptance of the work or following receipt of Labor and
Industries/Department or/Revenue clearance, whichever date is the later. Retainage on landscaping work
may be longer, due toXts seasonal nature. However, if this project is subject to grant funding, then the
retainage may also b//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
If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the
City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-.
Rev 3/18/22
City of'Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SAVING ACCOUNT AGREEMENT
TO BANK:
BANK'S ADDRESS:
AGENCY: CITY OF PORT ORCHARD
216 Prospect Street
Port Orchard WA 98366
CONTRACT NO:
SAVINGS ACCOUNT NO:
PROJECT TITLE: Lift Station Controls Upgrade
The estimated completion date of contract is:
The undersigned,
the CONTRACTOR, has directed the CITY OF I
AGENCY, to deliver to you its warrants which
warrants are to be held and disposed of by y/°'
terms and conditions hereinafter set forth. /
INSTRUCTIONS
herein referred to as
OJT ORCHARD, Washington, hereinafter referred to as the
hall be payable to you and the CONTRACTOR jointly. Such
u in accordance with the following instructions and upon the
1. Warrants or checks made p cable to you and the CONTRACTOR jointly upon delivery to you shall be
endorsed by you and forw/rded for collection. The moneys will then be placed by you in an interest -
bearing savings account./'
2. When and as interest can 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. ,r
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
Rev 3/18/221
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
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
hereof, you shall be entitled to reasonable compensation for such extraordinary services from the
CONTRACTOR and reimbursement from the CONTRACTOR for all costs and ex nses, including
attorney fees occasioned by such default, delay, controversy or litigation.
5. This agreement shall not be binding until executed by the CO/CTRACTOR
and the AGENCY and
accepted by you.
6. This instrument contains the entire agreement between you, thand the AGENCY.
You are not a party to nor bound by any instrument or agreemethis. You shall not be
required to take notice of any default or any other matter nor be brequired to give notice
or demand, nor required to take any action whatever except a4ierein expressly provided. You shall
not be liable for any loss or damage not caused by your own egligence or willful misconduct.
7. The foregoing provisions shall be binding upon the assigns/successors, personal representative and
heir of the Parties hereto.
PORT ORCHARD
Contractor
BY:
Title:
Date:
Address:
BY:
Date:
The above savings account agreement and instruction received and accepted this
.20
Bank Name
Authorized Bank Officer
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
day of
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
ESCROW AGREEMENT
TO BANK:
BANK'S ADDRESS:
AGENCY:
CONTRACT NO.:
PROJECT TITLE: Lift Station Controls Upgrade
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.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-0/4
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
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 writterjAfistructions
from the AGENCY. Compliance with such instruction shall relieve you of an/rther liability
related thereto.
4. In the event the AGENCY orders you to do so in writing, you shall with(n7thirty-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 monecis held by you hereunder,
to the AGENCY. /
5. The CONTRACTOR agrees to pay you as compensation or your services hereunder as
follows: /
Payment of all fees shall be the sole responsibility of,t`he CONTRACTOR and shall not be
deducted from any property placed with you pursu t 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 ken 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.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
The foregone provision shall be binding upon the assigns, successors, personal representative, and
heir of the Parties hereto.
Contractor
By:
Title:
Date:
Address:
CIT
By:
Dat
The above escrow agreement and instruction received and accepted this day of
, 20_.
Bank Name
Authorized Bank Officer
SECURITIES AUTHORIZED BY AGENCY
1. Bills, certificates, notes or bonds of the United States;
2. Other obligations of the United States or its agencies;
3. Obligation of any corporation wholly -owned by the government of the United States;
4. Indebtedness of the Federal Nation Mortgage Association; and
5. Time deposits in commercial banks.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
LIFT STATION CONTROLS UPGRADE PROJECT
PW PROJECT NO. PW2025-014
Bond to City of Port Orchard, Washington
Bond No. 2363978
We, Source Electric, LLC , and Swiss Re Corporate Solutions America Insurance Corporation
(Principal) (Surety)
a Missouri 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 Nine Hundred Seventy Two Thousand Seven Hundred Twenty Six and 00/100 Dollars
($_972,726.00 ), 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 June 17th , 2025 , between Principal and Owner for a project entitled Lift
Station Controls Upgrade ("Project") — Public Works Project No. PW2025-014 ("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.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of
the Principal) to faithfully perform the Contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
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 17th day of June , 20 25 .
Source Electric, LLC
Principal
h,
Signature of Authorized Official
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Swiss Re Corporate Solutions America Insurance Corporation
Surety
Signature of Authorized Official
By Thomas P. Hentschell
Attorney in Fact (Attach Power of Attorney)
Acrisure West
1436 S. Union Ave., Suite 101
Tacoma, WA 98405-1925
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
'SEAL
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERALPOWEROF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri. and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City ofKansas City, Missouri, each does hereby make, constitute and appoint:
THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JOANNE REINKENSMEYER, KRISTIN JACKSON
DAPHNE ROBERTS, DANEILLE BRYANT, BAILEY BEACH, and YESENIA EVANS
JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th ofNovember 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation, and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindin,� upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
��5,.`O 4%:•:. ;�Y.GOP R4 rF;•,''s By ' Vq�♦ 4#� c't . S E A L `• •' I S more, _ ru- id At Senior Vice President ,� L►G�e
— • m % = S E A L of SRCSPIC & Senior bi ssdenl of w,C fy� j �7CrIL .:
1973 ' i= = �'. :.moo; ✓✓/ Ts }
sso��`��a ' `=�� r'�ssoUD By
M p� , +�yH •.•
S „*1„N , S * „•' Ca rieUacq—, Senior ViceP side tof SRCSAIC eni Vice President
y of SRCSPIC & Senior l g4President of W IC i
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 13TH day of MARCH , 20 _ 25
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook S Westport Insurance Corporation
On this 13TH day of_ MARCH , 20 25 , before me, a Notary Public personally appeared David Satory , Senior Vice President of
SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacguez, Senior Vice President of SRCSAIC
and Senior Vice President of SPCSPIC and Senior Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged
that they signed the above Power of Attorney as officers of and acknowledged said instrume t to be the voluntary act and deed of their
respective companies.
Karen . zweda, Notary
1, Jeffrey Goldberg. the duly elected Senior Vice President and Assistant Secretary of SRCS. IC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC. which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this '71" day of June 20 25
OFFICIAL SEAL �s
KAREN M SZWEDA !�
Notary Public, Stale of Illinois Jeffrey Goldberg, Senior Vice President &
Com iescin No 978628 Assistant Secretary of SRCSAIC and
My CO "iwn Expires September 26. 202? SRCSPIC and WIC
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SURETY ACKNOWLEDGEMENT
STATE OF Washington
Q )ss.
COUNTY OF t5ercc
On this 17th day of June , 20 25 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Thomas P. Hentschell to me known to be the Attorney -in -Fact
Swiss Re Corporate Solutions America
of Insurance Corporation 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 O he O
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
•.•%HIT1ic"%
N01ARy
PUBLIC o
,,1/%N EX'CS
OF WASN�.••'�`
Notary Seal With Ink Stamp
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing-'
My Commission expires: ) I
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this day of211L. , 20% before me, the undersigned, a Notary Public in and
for the State ashii torn, duly commissioned and sworn, personally
appeared Y_______� 2.�_____ _, to me known to be the (check one of the following
boxes):
f� of , the
corporation,
n
partnership,
i individual,
of
the
that executed the foregoing instrument to be the free and voluntary act and deed of said Q --
corporation, 0 partnership, 0 individual for the uses and purposes therein mentioned, and on
oath stated that 0 he rt I"re was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
I I 3IL1) . Tho,2 k7
1+FTyOltl11
of `'oT4,0
196325 y
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Notary Seal with Ink Stamp
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at , ' La4
rs
My Commission expires: / ! icJ -
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
LIFT STATION CONTROLS UPGRADE PROJECT
PW PROJECT NO. PW2025-014
Bond to City of Port Orchard, Washington
Bond No. 2363978
We, Source Electric, LLC , and Swiss Re Corporate Solutions America Insurance Corporation
(Principal) (Surety)
a Missouri 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 Nine Hundred Seventy Two Thousand Seven Hundred Twenty Six and 00/100 Dollars
($_972,726.00 ), 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 June 17th , 2025 , between Principal and Owner for a project entitled Lift
Station Controls Upgrade ("Project") — Public Works Project No. PW2025-014 ("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.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project 4 PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of
the Principal) to faithfully perform the Contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
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 17th day of June , 20 25 .
Source Electric, LLC Swiss Re Corporate Solutions America Insurance Corporation
Principal Surety
Signature of Authorized Official Signature of Authorized Official
ESEAL_1
(2 ; 11 ` X By Thomas P. Hentschell
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of Acrisure West
Agent and/or Surety Company: 1436 S. Union Ave., Suite 101
Tacoma, WA 98405-1925
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERALPOWEROF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri. and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JOANNE REINKENSMEYER, KRISTIN JACKSON
DAPHNE ROBERTS, DANEILLE BRYANT, BAILEY BEACH, and YESENIA EVANS
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th ofNovember 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation: and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
SEAL
E7
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC
authorized officers
By 1
story, roar A emir President
= of SRCSPIC & Senior Vie ndmt of WIC
By
Ca riel Jacques, Senior Vice P 4SRAI,
of SRCSPIC & Senior resident ofWI"
IC
and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
this,.j day of MARCH . 20+ 25
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook Westport Insurance Corporation
On this 13TH day of_ MARCH . 20 25 , before me, a Notary Public personally appeared David Satory , Senior Vice President of
SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacguez, Senior Vice President of SRCSAIC
and Senior Vice President of SPCSPIC and Senior Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged
that they signed the above Power of Attorney as officers of and acknowledged said instrum t to be the voluntary act and deed of their
respective companies.
Karen . zweda. Notary
I. Jeffrey Goldberg the duly elected Senior Vice President and Assistant Secretary of SRCS IC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC. which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of June 20 25
OFFICIAL SEAL
KAREN M SZWEDA —�
Notary Public, State of 111tnois Jeffrey Goldberg, Senior Vice President &
Connliation No 978628 Assistant Secretary of SRCSAIC and
My Cornrimn Expires September 26. 202' SRCSPIC and WIC
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
SURETY ACKNOWLEDGEMENT
STATE OF Washington
)ss.
COUNTY OF !1"<--
1
On this 17th day of June , 20 25 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Thomas P. Hentschell to me known to be the Attorney -in -Fact
Swiss Re Corporate Solutions America
of Insurance Corporation 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 0 he 0
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
,t': HITc ',,,
••:ig035pj;.. Off ,
NOTARY
PUBLIC `
�� �0
',,,,or WASN''�'.
Notary Seal With Ink Stamp
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
NOTARY PUBLIC,
in and for the State of Washington
Residing T . 1—,o MA
My Commission expires: \ \ -`2 - 27_2
Docusign Envelope ID: 0DB3825E-5FD4-4D1 D-9C62-88C6FB12D845
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 ashingt n, duly commissioned and sworn, personally
appeared 4jtL. , , to me known to be the (check one of the following
boxes):
of .! G , the
corporation,
of_____________________________,the
partnership,
i individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said 4-'
corporation, O partnership, 0 individual for the uses and purposes therein mentioned, and on
oath stated that n he lie was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
21 'it orn(a,
Print or type name
�� �N THp 111
J�_���5SION FtAttt O �//
off', oT,l,p1.
� 196325 cn;
�jllllj O ,WAS\\�\\:
Notan Seal with Ink Stamp
Rev 3/18/22
City of Port Orchard
Lift Station Controls Upgrade Project # PW2025-014
NOTARY PUBLIC,
in and for the State of Washington
Residing at 't'
My Commission expires: tz