Loading...
HomeMy WebLinkAbout072-25 - Norland Construction NW, Inc. - Contract Exhibit AAdvertisement for Bids CITY OF PORT ORCHARD BAY STREET OVERWATER STRUCTURE DEMOLITION Public Works Project No. PW2025-019 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 August 4, 2025, for the Bay Street Overwater Structure Demolition, Project No. PW2025-019. No proposals will be accepted after the above -stated time. Immediately following, the bids will be publicly opened and read aloud. This project consists of work to be completed within 30 working days from Notice to Proceed and includes the demolition and complete removal of a 2,500 square foot timber -pile supported commercial structure located over Sinclair Inlet, including overwater piles and decking. Work also includes debris containment, disposal, temporary erosion control, and all associated permitting. The project site is located at 713 Bay Street, Port Orchard, WA. Access to bidding information (plans, specifications, addenda, and Bidders List) is available through the City of Port Orchard's online plan room at www.portorchardwa.gov/bids-and-proposals. Free access is also available by visiting www.bxwa.com, clicking "Posted Projects," "Public Works," and "City of Port Orchard." For assistance, contact Builders Exchange of Washington at 425-258-1303. If you do not have internet access, arrangements may be made to pick up a plan set at 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. Add $10.00 for mailing. All bid proposals shall be accompanied by a bid security 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 in an amount not less than five percent (5%) of the total bid including sales tax. Should the successful bidder fail to enter into a contract and furnish satisfactory payment and performance bonds within the time stated, the bid security shall be forfeited to the City. This project is subject to applicable FHWA and WSDOT requirements, including DBE participation, Buy America, state prevailing wages, nondiscrimination, and prompt payment to subcontractors (49 CFR Part 26). The City reserves the right to reject any and all bids, waive any informalities or irregularities, and accept the proposal deemed 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 and related regulations, ensures that disadvantaged business enterprises will be afforded full opportunity to submit bids and will not be discriminated against on the basis of race, color, or national origin. The City is an equal opportunity and affirmative action employer. Small, minority-, women -owned businesses, and labor surplus area firms are encouraged to submit bids. Notice is given that bid responses may be subject to public disclosure under the Public Records Act (Chapter 42.56 RCW). Bidders should clearly mark any portions of their submittal considered confidential. The City may disclose documents at its sole discretion and without notice. Published: Kitsap Sun —July 14, 2025 and July 21, 2025 Daily Journal of Commerce —July 14, 2025 and July 21, 2025 PROPOSAL CITY OF PORT ORCHARD Bay Street Overwater Structure Demolition PUBLIC WORKS PROJECT NO. PW2025-019 To: Mayor and City Council City of Port Orchard, Washington Contractor: 3rd(/C(h,/ ('-w ru j State License No.: �r,025ZC1 ` ' 5 Date: or/64 JZS Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that s/he has carefully examined the Contract Documents for the construction of the project, that s/he has personally inspected the site, that s/he has satisfied her/himself 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 s/he has exercised her/his own judgment regarding the interpretation, of subsurface information and has utilized all data, which s/he believes pertinent from City and other sources and has made such independent investigations as the Bidder deems necessary in arriving at her/his 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 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 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, s/he 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 her/his 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. Start of Construction and Contract Completion City of PortOrchard Bay Street OverwaterStructure Demolition City Project No. -- PW202S-019 P7 RSION 7/10123 Projectl4fannal Bidding Requirements & Contract Proposal Page -15 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, s/he will meet with engineering personnel and begin work no later than September 1"t, 2025 and complete the construction within , Q_ working days of START DATE. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. City of Port Orchard Bay Street Overwater Structure Demolition City Project No. — PW2025-019 VERSION 7/10/25 Project Manna! Bung Requirements & Contract Proposal Page 16 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal SCHEDULE OF CONTRACT PRICES Bay Street Overwater Structure Demolition PUBLIC WORKS PROJECT NO. PW2025-019 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 bids according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item No. Estimated SP / Description of Item Unit Price Amount Quantity STD Schedule A - Transportation Minor Changes IA 1 EST STD S Twenty -Five Thousand EST S25,000 (Words) 1-04 Per Estimated Mobilization 2A 1 LS STD Th0SCArCA sFor�y LS ow (Words) 1-09) Per LumSum Structure and Deck Removal 1693 Bay Street 3A I LS SP 2-02 s-\ ' a LS S_U __ (Words) (SP 2-02) Per Lump Sum Structure and Deck Removal - 1699 Bay 4A I LS SP 2-02 Street S'.�It.1SA LS f , S�5 (Words) (SP 2-02) Per Lump Sum Structure and Deck Removal 1763 Bay Street 5A 1 LS SP 2-02 S ��ac\,-WcluSo \ LS (Words) (SP 2-02) Per Lump Sum Structure and Deck Removal 1777 Bay Street 6A 1 LS SP 2-02 S\ l J . LS (Words) (SP 2-02) Per Lump Sum Structure and Deck Removal 1883 Bay Street 7A 1 LS SP 2-02 LS S1 .° (Words) (SP 2-02) Per Lump Sum Precast Concrete Barrier T pe 2 SA 450 LF STD �� LF S°\ fQ (Words) 6-10 Per Linear Feet On. of Port Orchard Bar Street Overwater Stniciuc Demolition Citr Project No. PIf "2025-019 1 NRSION 7%10.:5 Project Manual Bidding Requirements & Contract Schedule of Contract Prices Page -17 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Item No. Estimated SP / Description of Item Unit Price Amount Quantih STD High Visibility Fence 9A 210 LF STD s'".N Oo"Un LF $2 .uv (Words) 8-01 Per Linear Feet Erosion and Pollution Preventi n Plan WA 1 LS STD S V4 LS S3 } (Words) 8-01 Per Lump Sum ESC Lead 11A 1 LS STD s fl -Yew T Sc, LS (Words) 8-01 Per Each Remove Attenuator 12A i EA STD S(��C EA $ (Words) (8-17) Per Each Remove Mailbox ``& Post `�' 'Oo\\u�S bra \ 50U STD S �Vt. �1v.Y�1`C-t. S 13A 3 EA (Words) (8-18) Per Each ,^ t� OO Subtotal $ \ , Z© \ Sales Tax (9.3%) $ , Total Base Bid $0\ ` SALES TAX Retailing/Retail Sales Tax Rule WAC 458-20-170: Washington State Retail sales tax added as percent (°%o) in addition to contract bid price; sales tax shown as separate line item. City of Port Orchard Bat- Street Overwater Stn core Demolition City Project No. -- PWY2025-019 VERSION 07/10,`257/11 ,25 Project Manual Bidding Requirements & Contract Schedule of Contract Prices Page - 18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal The undersigned bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after notice to proceed and to complete the project within the time stipulated in the contract. by signing below, bidder acknowledges receipt of the following addenda to the bid documents: Addendum No Addendum No CITY OF PORT ORCHARD Bay Street Overwater Structure Demolition PUBLIC WORKS PROJECT NO. PW2025-019 ___ 2 ___ Date of Receipt Addendum No. Date of Receipt Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt ofAddenda 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 s/he has 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 fmal 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): a�cc\os -��t o A mil\ Busi ss Address: \Z3 c\u c..c. Business Telephone: 3Co0 -3-A -\- - 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 Bat Street Overwater Structure Demolition City Project No. — PW2025-019 VERSION 7/10/25 Project Manual Budding Reqinrements & Contract Schedule of ContractPrices Page -19 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal STATE OF �I G� TOV) )ss. COUNTY OF TJ f Ec o ) I certify that I know or have satisfactory evidence thatlioyl 14ihsOV) signed this propos , on oathgstated that he/she was authorized to execute the proposal and acknowledged it as the rY &S \ X AAV (title) of /L,3rA ky4 COV1S- y -u ,"o o AU D-" (name of party on behalf of whom proposal was executed) and acknowledge e his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this \ day of vk ' , 2025 ., ,, /j 14AK)t g1,�,' Nol`ary Public •• TARy� =_ A 0• = Printed Name PUBLIC � My Commission Expires: C itv of Port Orchard I ERS1ON 710/35 Bay Street Overwater Structure Demolition Project Manna! City Project No. - PWP'3035-019 Bidding Requirements & Contact Schedule of Contract Prices Page - 20 Provided to Builders Exchange of WA. Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal BIDDER'S QUALIFICATION FORM CITY OF PORT ORCHARD Bay Street Overwater Structure Demolition PUBLIC WORKS PROJECT NO. PW2025-019 1. Name of Contractor: n),if,-.i,,..f ( nc v -t r, ►c�1ct Ah J - i i z3 P� devosa Plaur- .A rail ccv►c4, A4A 9 2. Telephone No. Z (( �A(J ) 3 \ \ - \ S 2 Fax No.: 3( 60 ) Email Address \(y.\('f\ \ (.t,'(\\ '\ 3. Washingion State Dept. of Labor and Industries Worker's Compensation Account No.: 4. Washington State Dept. gf Licensing Contractor's Registration No.: 01.6-0 3 4J ( Expiration Date: \\ J\ 5. Washington State Uniform Business Identifier No.: 1 aS (Must have UBI number- before the contract is awarded) 6. Does the Contractor have a City of Port Orchard Business License Yes: No: 4� (A City of Port Orchard Business license is required prior to commencing work pursuant to a written Notice to Proceed).J° \` vb c 11 .F o v 7. Number of years engaged in contracting business under above name: 8. At the time of bid submittal did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW?___ 9. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? (Provide number.) \��`� \00 10. Does the contractor have an employment security de artment number as required in Title 50 RCW? (Provide number):\3'm O 00 11. Does the contracto - have a state excise tax registration number as required in Title 82 RCW? (Provide number): �,p� QS '\ 1 �S 12. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? At,, City of Port Orchard VERSION 7/10'25 Bar Street Overwater Structure Demolition ProjectMannal City Project No. -- PW2025-019 Bidding Requirements & Contract Bidder's Qualification Form Page -21 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 1. 13. If project includes Federal funding. Is the Contractor registered in Sam.gov? Yes No 2. Enter Unique ID No. (UEI)Nq J , jAL Z'LA 3L5 3. 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(l)(f) 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? /�JQ 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?_______ 17. Particular types of construction performed by your company: O fCAY t t2G , Ci K c V % CY6J,VAgq icce✓ wto'1 SUae( ( \V,i\ 4A4x(\\\ \\ S(Y-Gu y o Yt&\'u≥ Gov\ Wni)\ �1oYk. 18. Gross amount of contracts now on hand: $ \ 19. List similar recent construction projects that your finn has done in the last 5 years (i.e., water and storm and sanitary sewer main construction, road reconstruction, excavations, extensive dewatering, etc.): Amount Type Owner's Phone Name 20. What is the construction experience of the principal individuals to be assigned to this project? Cite of Port Orchard Bay Street Overwater Stnicture Demolition City Project No. - PW2025-019 1 ERSION 7/10/25 Prgject Manual Bidding Requirements & Contract Bidders Qualification Form PaXe - 22 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Years of Construction Name JJ Title Experience Availability 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: Date: 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 Bar Street Overwater Structure Demolition City Project No. — PW2025-019 VERSION 7/1O,25 ProjectManual Bidding Requirements & Contract Bidder's Qualification Form Page -23 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal BID SECURITY CITY OF PORT ORCHARD Bay Street Overwater Structure Demolition PUNLIC WORKS PROJECT NO. PW2025-019 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, Nordland Construction Northwest, Inc , as Principal and Berkley Insurance Company , as Surety, are held firmly bound unto the City of Port Orchard, Washington, as Obligee, in the penal sum of Five Percent of Amount Bid (5%) 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 Bay Street Overwater Structure Demolition , 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 voidotherwise 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 23rd day of July ? 25 Nordland Construction Northwest, Inc. Berkley Insurance Company Principal S ety Signature of Authorized Official ignatur f Authorized Official T. nr, �S► A By: Jennifer Martinez Ibarra Printed Name and Title Attorney -in -Fact (Attach Power of Attorney) - Name and address of local office of Agent and or Surety Company: Marsh & McLennan Agency 501 N RiverDooint Blvd Ste 403 Spokane, WA 99202 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 Bay Street Ovvrwater StnacMrr DemoInon ('in- Project No. - PW2025-019 I ERSION '102.5 Project Alanua! Bidding Regtdremeus & Contract Btd Sectu•tn• Page -2a Provided to Builders Exchange of WA, Inc. For usage Condit_ons Agreement see www.bxwa.com - Always Verify Sca: No. BI-TSBA-a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich. CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jennifer Martinez Ibarra Surety Bond No.: Bid Bond Prindpal: Nordland Construction Northwest, Inc. Obligee: City of Port Orchard its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by. the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company. in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings. recognizances, or other suretyship obligations on behalf of the Company. and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto. and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted: and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings. recognizances. or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated: and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named: and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company: and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to -be such at the time when such instruments shall be issued. IN WITNESS WHEREOF. the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2n° day of Maw, 2024 . "s a Attest Berkley Insurance Company (Seal) SEAeI By By Philip S. elt Je e a r Executive Vice President & Secretary Senior Vice President S17AT"E OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me. a Notary Public in the State of Connecticut. this 2°d day of May , 2024 , by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. 11AAR1AG fiMESA CEN /M Nt3T>�Y Pt18lJC Notary Public. State of Connecticut MII00W18810N EGIF O 4341 CERTIFICATE I, the undersigned.. Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true. cone�a and- complete copy of the original Power of Attorney: that said Power of Attorney has not been revoked or rescinded and That the authority_ of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of 4ttoiuey is attached, is in full force and effect as of this date. G;4en under my hand and seal of the Company, this 23rd day of July f' 2025 Sal) rA°" Vincent P. Forte NON -COLLUSION DECLARATION Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON -COLLUSION DECLARATION I. by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned persons;, firm. association or corporation has (have) 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 agreed to the provisions of this declaration. To report rigging activities call: 1-800-424-9071 The U S. Department of Transportation 4JSDOT) operates the above toll -free "hotline" Monday through Friday, 8 00 a m. to 5:00 p m.. eastern time Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The 'hotline' is 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 will be respected. COT Far'i ::-.s-, Es Ae, ' s'�5 City of Port Orchard Bay Sheet Overwater Stnlcl re Demolition City Project No. PW2025-019 I7 RSJON 7/10125 Project Manual 13iddtng Requiremants & Contract Bid Security Pgge - 25 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date June 30th, 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. mat L. Bidder's Business Name Signature of Authorized Officer/Representative* 8n CAS �O 1(�Sa1n Printed Name Title O / 04125 � 10V_d kN 1 -J Date City State Check One: Sole Proprietorship 0 Partnership 0 Joint Venture 0 Corporation/LLCO State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership. give turn name under which business is transacted: *If a corporation or limited liability company, this certificate must be executed in the entity's name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, this certificate must be executed by a partner. City of Port Orchard Bay Street Overeater Structure Demolition City Project No. — PW2025-019 6RSION 7/10/75 Project Manual Bidding Requirements & Contract Certification of Compliance with Wage Statutes Page -26 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 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 Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed City of Port Orchard Bar Street Overwater Stnuctwr Demolition City Project No. — PW2025-019 VERSION 7/10/25 Project Manual Bidding Requirements & Contract Subcontractor List Page -33 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Subcontractor Name Work to be Performed City of Port Orchard Bar Street Overwater Stnichsre Demolition City Project No. — PW2025-019 VERSION 7,'10.25 Project1famial Bidding Requirements & Contract SrtbcontractorList Page - 34 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 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, describing 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. 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. City of Port Orchard Bas Street Overwater Structure Demolition City Project No. — PW2025-019 G RSION 7/10.'25 Project Manual Bidding Requirements & Contract Supplement Criteria Ir formation Form Page - 27 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Project Name: y to V� o°A Part A. General Company Information Company Name: }J ,J Address:12 F)4 -L yN J WA°tssg Contact Phone: -3 -\ 3 Contact Years in business as a Prime Contractor: Years in business as a subcontractor: w' Years in business under Present Name: 2() List any former company names under which the company, its owners, and/or its principals has operated in the past five (5) years. Explain reason for name change(s) in the past five (5 years) /A 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/flleandpaytaxes/latefiling/dtlwest.aspx Yes ❑ No If "Yes" attach a copy of the written payment plan approved by the Department of Revenue. 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 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? City of Port Orchard Bay Street Overwater Structure Demolition City Project No. _. PIV2025-019 VERSION 270./25 Project Manual Bidding Requirements & Contract Supplement Criteria Information Form Page - 28 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal YesVj 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. 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. 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. 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 -0 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? City of Port Orchard Bav Street Overwater Structure Demolition City ProjectNo. -- PFV2025-019 IERSION 710,125 Project Manual Bidding Requirements & Contract Supplement Criteria Information Form Page -29 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 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. 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: • Successfully completed street improvements, stormwater treatment, retention, and conveyances, and overhead and underground utility protection and relocations in the past 7 years. • Contract value exceeding $1,000,000.00. Cn, 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 p j 0� 25 Printed Name of Authorized Representative Title City of Port Orchard Bar Street Overwater Stnicttre Demolition City ProiectNo. - Pit2025-019 VERSION %10,25 Project Manual Bidding Requirements & Contract Supplement Criteria Information Form Page - 30 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 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 street improvements, stormwater treatment, retention, and conveyances, and overhead and underground utility protection and relocations in the past 7 years. • Contract value exceeding $1,000,000.00. 1. Contract Value $ \ • 3. Contract Value $ \ D 9-0. 6 ' Contract Value $Q' -\y2 `-� �(v• City of Port Orchard Bay Street Overwater Structure Demolition City Project No. -- PW7025-019 VERSION 7125 Project Manual Bidding Requirements & Contract Work Experience Form Page -3] Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 4. A�eyU'c ` Y►1byt y& 1(1'121/1 1 1GiSL 1 . cs i e ./� G���-Gc�► ,nyin A c-cd nr 04(A '/ i\\\Oy Yryc��Y� Contract Value $ y �i 2 3 0 CIO 5. Contract Value $ City of Port Orchard Bap Street Over.vater Structure Demolition City Project No. -- P2O25-O19 VERSION 7/10.!25 Project Manual Bidding Requirements & Contract Work Experience For: Page -32 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal NORDLAND CONSTRUCTION NW INC * 123 PONDEROSA PLACE - NORDLAND WA 98358 * (360) 379-1352 PH * (360) 379-5182 FAX NORDLAND CONSTRUCTION NW LIST OF PROJECT REFERENCES AGENCY PROJECT NAME CONTACT INFO YEAR CONTRACT AMOUNT DESCRIPTION OF WORK Silverdale Water 2025 Provost Road Water Ian Smith 2025 $ 1,670,203.08 Construct approx. 4,300 IF of 12", E',&G" 6" District District Water Main and Fire Hydrants on Public Rd. Jefferson County Naylors Creek at W Valley RD & Bruce Patterson 2025 $ 1,716,080.69 Removal of 2 Culverts & replace with 3 -Sided Box Public Works Gibbs Lake RD Culvert Replacmenets 360-385-9169 Culverts, Retaining Walls,215' Stream Restoration Guy F. Atkinson Construction SR 3 Chico Creek & Tributary Mike Bonagofski 2024 $ 6,937,097.62 Civil Sitework, Water and Sewer Utilites, WSDOT Contract 9475 Remove Fish Barriers 360-340-1187 Stream Restoration, Abandoned Culverts Pacific General Bulders LLC Suquamish Elementary School Rick Rayment 2004 $ 426,134.36 Civil Sitework, Water and Fire Utilites N Kitsap School Dist. #400 Gymnasium Addition 360-626-1008 Clallam County Department Lower Dungeness River Gus Kays 2024 $ 1,890,340.50 Floodplain Restoration & Levee/RD Realignment of Public Works Floodplain Levee Repair PH 2 206-632-8020 Earthwork,Guardrail,StormwaterTreatment City of Port Angeles City Pier Vicinity Repairs David Wegener 2024 $ 234,160.00 RipRap Shorline Armoring, Sidewalks Public Works 360-809-8469 ADA Ramps, Storm Drainage, HMA Northwest Maritime Shoreline Storm Damage Katie Oman 2024 $ 339,000.00 Repair Storm Damaged Beach & Concrete Center Repair 360-385-3628 Beach Nourishment, Quarry Spalls & Boulders Jefferson County Thorndyke Road MP 4.71 Culvert Mark Thurston 2022 $ 1,749,021.00 Removed Existing Culverts, Install New Buried Public Works Removal Project 360-385-9210 Bridge,SEW,HMA,Guardrail-Reconstruct Stream Channel & Install LG Woody Debris WA State Department of Hoh Mainline MP 19.4 Bridge Jeremy Tryall 2021 $ 1,587,540.00 Removal of 5' Culvert w/approx 54,000 CY Natural Resources Installation & Culvert Removal 360-374-2833 Fill, Realign Mainline for approx 1,250' Quileute Indian Tribe La Push Flood Berm Rehabilitation Nicole Rasmssen 2021 $ 268,672.92 Grading and Reconstruction of 360-640-8042 existing flood berm Hood Canal Salmon Seabeck Creek Fish Gus Johnson 2021 $ 1,494,962.00 Removal of a 72" Diam. CC Culvert, replacing it w/ Enhancement Group Barrier Removal 360-275-3575 60 FT Wide Single Span Bridge, Stream restoration WA State Parks & Recreation Fort Worden State Park- Sanitary Dale Broyles 2021 $ 609,067.05 Removal and Replacement of Sewer MH, VCP Commission Sewer (PH 3) RPLC Failing Water (PH 2) 360-725-9754 Pipe Bursting, Install Water Mains & Services Port of Bremerton Bremerton National Airport Warren Hendrickson 2021 $ 2,402,766.83 New Taxi line, Paved Aircraft Parking South Hanger Site Phase 1 360-674-2380 Apron, Access Road, Waterline and New Storm Water Detention System Tacoma Community College TCC Pedestrian Pathway David Head 2021 $ 293,848.30 Improvements include: Bollards, Stairs, Improvements 360.407.8251 Handrails, Curbs, Walkways, Lancscaping City of Sequim Infiltration Gallery Generator Dave Nakagawara 2020 $ 145,700.61 Install Generator on Vault, Concrete Stairs 360-582-2479 Handrails, Guards, Auto TRFR Switch, Panel Brd Propane Tank, Fuel Lines and Site Restoration Jefferson County Public Works Center Road Resurface and Restor Bruce Patterson 2020 $ 524,139.09 Remove existing Pavement, Shape & Regrade 360-385-9169 Repave S End of Little Quilcene Bridge to US 101 Bainbridge Island Metropolitan Battle Point Park David Harry 2020 $ 379,058.29 Construction of (6) Pickleball Courts Parks and Recreation Pickle Ball Cours 206-351-4659 Battle Point Park - Bainbrdge Island Jefferson County Public Works Transfer Station Gordon Ramstrom 2020 $ 279,054.74 Fill, Concrete, Metal Framing & Roofing 360-385-9380 Paving, Plumbing, Electrical & Utility Connections for a Modular Office Facility NORDLAND CONSTRUCTION NW INC * 123 PONDEROSA PLACE - NORDLAND WA 98358 * (360) 379-1352 PH * (360) 379-5182 FAX NORDLAND CONSTRUCTION NW LIST OF PROJECT REFERENCES CONTACT NAME AGENCY PROJECT NAME CONTACT NUMBER YEAR BID AMOUNT DESCRIPTION OF WORK SPTIA Evans Road Lateral Joe Holtrop 2020 $ 879,473.42 Approx 10,000' of Irrigation Pipeline Clallam Conservation District Piping Project 360-775-3742 Approx 3,100' Infiltration Trench Facilities Central Kitsap School District Cougar Valley Elementary School Shannon Thompson 2019 $ 467,962.67 Parking lot w/35 stalls, Bioretention cell AHBL Site Improvements 360-271-9207 339 SY Sidewalk, Curb, Fence, Lighting, City of Sequim 2019 City -Wide Pavement Matthew Klontz 2019 $ 446,930.03 Repair pavement over settled utility trenches Preservation 360-683-4908 throughout multiple locations in Sequim Fort Worden Public FWPDA Glamping David Beckman 2019 $ 635,000.00 Preperation for Glamping Platforms, Development Authority 360-344-4400 Site work grading, Sewer & Water Utilities MIGS/SvR DESIGN Electrical, Roadway Repair & Reconstruction City of Port Townsend 9th Street Sidewalk Tyler Johnson 2019 $ 142,000.00 Installation of approx 1,110 SF of Sidewalk, Grant Street to Hancock Street 360-390-4062 Curb Ramps, Pavement Path in Roadway and Driveways, Mailbox Relocation WA ST Parks & Rec Commission Fort Worden State Park Dale Broyles 2019 $ 1,082,522.13 Remove&Replace Sewer Manholes, Piping, Sewer (Phase 1 ) and 360-725-9754 Demolish&Replace Sidewalks,Curb&Gutter Electrical Replacement Asphalt, Utility Locates, Vaults, Conduit Panels&Above Ground Transformers City of Port Angeles "E" Street Reservoir PRV Station Eric Walrath 2018 $ 176,692.00 Installation of Vault, PRV System & Public Works Department 360-417-4806 Connection to Existing Water System Clallam County Parks, Fair Salt Creek Campground Steve Zenovic 2018 $ 189,226.85 Waterline and Waterstation Replacement & Facilities Waterline Replacement 360-417-0501 at the Salt Creek Rec Area County Park Washington State Dept. of Nordstrom Creek Remove Bill Trodohl 2018 $ 1,428,341.00 Replace Fish Barrier with Concrete Split Box Transportation Fish Barrier 360-565-0643 Culvert on SR 112, Stream Diversion, Retaining Wall, Guardrails & Asphalt Paving WA ST Parks & Rec Commission Maintenance Facility at Brian Yearout 2018 $ 1,751,760.47 Construction of a 4,890 SF Single Fort Worden State Park 360-725-9763 Story Wood Frame Maintenance Facility Kitsap County Public Works Fairgrounds Rd at Central Valley RD Jerry Jensen 2017 $2, 354,245.89 Gravity Block Wall, Surfacing, HMA Pavement, Intersection Improvements 360-647-7384 Sewer System, Cement Traffic Curbs, Sidewalks, WA ST Parks & Rec Commission WW1 Historic Facilites Dale Broyles 2019 $ 1,000,000.00 Cast -In -Place Concrete, House Leveling Preservation - Foundations 360-725-9754 Brick Masonry, Plumbing, Electrical Fort Flagler State Park Carpenty Work & Interior Finishes Kitsap County Public Works Ridgetop Boulevard Steve Nichols 2019 $ 4,198,923.86 4000 Lf of Road and Stormwater Improvments Phase 1 360.337-4637 Improvements on Ridgetop Boulevard NW Jefferson County Dept Salmon Creek Bridge/ Mark Thurston 2019 $ 981,169.00 Remove existing 16'x61' metal culvert of Public Works West Uncas Road 360-385-9210 and construct new bridge Reconstruct Streambed Channel N Mason School District # 403 Phil Pugh Stadium Concessions Raymond Mow 2018 $ 1,467,164.41 Construct new High School Stadium 253-531-0206 Locker Room and full Concession Stand Gutter, Curb Ramps, Drainage NORDLAND CONSTRUCTION NW INC * 123 PONDEROSA PLACE - NORDLAND WA 98358 * (360) 379-1352 PH * (360) 379-5182 FAX NORDLAND CONSTRUCTION NW LIST OF PROJECT REFERENCES CONTACT NAME AGENCY PROJECT NAME CONTACT NUMBER YEAR BID AMOUNT DESCRIPTION OF WORK WA ST Parks & Rec Commission Sequim Bay State Park Steven Wright 2017 $ 1,117,170.40 Remove 36" culvert & replace with open Fish Barrier Correction 360-902-8582 channel, remove & relocate wastwater lift station, small sewer lift station 210' by 10' wide pedestrian/vehicle bridge 1-509-314-6000 SR 104 & SR 307 - Diverting Streams, Guardrails Retaining Walls and Asphalt Paving Kitsap County Public Works Dickerson Creek @ NW Taylor Rd Jerry Jensen 2016 $ 1,338,020.77 Culvert Replacement for Improvement of Culvert Replacement & Habitat 360-647-7384 Creek and Adjacent Habitat City of Sequim Carrie Blake Community Park Matthew Klontz 2016 $ 368,480.83 Asphalt Parking Lot and Driveway Parking Project 360-683-4908 Relocation of sections of Olympic Discovery Trait Box Culvert Replacement City of Redmond West Lake Sammamish Dennis Brunelle 2016 $ 184,507.50 Asphalt Access Road, 48" Diameter Saddle PKWY NE - Sewer Manhole No. 2 425-556-2900 Manhole, Access Gate, Wetland Mitigation City of Kirkland Waverly Beach Park Renovation Aparna Khanal 2016 $ 916,515.00 Demolition, Earthwork, Asphalt & Concrete Phase 1 425-587-3827 paving, Drains, Pier Renovation, Irrigation Picnic Shelter Installation & Beach Expansion City of Bainbridge Island Sportsman Trail Phase 3 Chris Munter 2016 $ 26,720.00 Construction of 750 LF of 5 -foot wide gravel 1-206-780-3720 shoulder adjacent to Sportsman Club Road and regrading 100 LF of existing trail Jamestown S'Klallam Tribe Dungeness River RR Trestle Pat McCollough 2015 $ 1,126,410.00 750' Pedestrian Bridge & Trail Rest. Replacement 360-275-7384 Erect Prefabricated Steel Bridge Construct pile caps, piers & abutments Kitsap County Public Works Manchester Stormwater Retrofit Jerry Jensen 2015 $ 438,457.24 Aluminum Pier, Steel Piling, 360-647-7384 Road and Storm Improvements Kitsap County Public Works Dickerson Creek @ David Rd Jerry Jensen 2015 $ 1,034,669.37 Culvert Replacement for Improvement Culvert Replacement & Habitat 360-647-7384 of Creek and Adjacent Habitat City of Bellevue Yarrow Creek Shawn Riley 2015 $ 490,180.04 Pedestrian Bridge, Construction 425-452-4320 of Restored Stream Channel City of Gig Harbor Cushman Trail Phase 3 Trent Ward 2015 $ 1,572,468.00 1,170' Timber Bridge 253-853-7637 Trail Improvements and Asphalt Work l � COSTRUCTION NORTHWEST INC. SUBCONTRACT AGREEMENT 2025 Edition This Subcontract is between: CONTRACTOR: Nordland Construction NW Inc. 123 Ponderosa Place Nordland, WA 98358 imtnci@outlook.com nordlandconstructionnw@hotmail.com Contractor Registration No.: SUBCONTRACTOR: Contractor Registration No.: Federal Tax ID No.: Worker's Compensation Account ID No.: Unemployment Insurance Reference No.: The Project is: The Owner is: Contractor and Subcontractor agree as set forth below: POC Thomas Johnson 360-379-1352 Phone 360-379-5182 Fax NORDLCN853NT POC Subcontractor agrees to provide all supervision, materials, labor, and equipment to complete the work described below in strict accordance with the Contract Documents: PLEASE SEE ATTACHED QUOTE FOR SCOPE OF WORK DATED: In consideration therefore, Contractor agrees to pay Subcontractor ❑ a lump sum in the amount of Dollars ($ ), or ❑ according to unit prices below which on the basis of the Owner's estimated quantities will yield a gross contract price of approximately Dollars _($): Unit Cost Quantity Description Price TOTAL Price ® excludes O includes sales and use tax. ❑ Cost of the Work plus a Fee as forth in Appendix 3. This Subcontract may be accepted by signature of an officer or duly authorized representative of Subcontractor without modification, and returned to Contractor within fifteen (15) days of its receipt. This Subcontract may also be accepted by silence, inaction, or by beginning performance of any aspect of the Subcontract Work, in such case, the Subcontractor shall be deemed to have accepted this Subcontract and all of its terms unmodified, as issued. The effective date of this Subcontract shall be the earlier of fifteen (15) days following its receipt by Subcontractor, or the date of Subcontractor's signature without modification. In witness whereof, Contractor and Subcontractor have executed this Subcontract effective this day of , 2025. The General Conditions attached hereto are apart of and are incorporated into this Agreement. NORDLAND CONSTRUCTION NW, INC.: Subcontractor: By: Thomas Johnson By: Its: President Its: GENERAL CONDITIONS SECTION 1 DEFINITIONS 1.1 MAIN CONTRACT. The Main Contract is the contract between Contractor and Owner, and the associated general conditions, special conditions, supplementary conditions, specifications, drawings, plans, applicable building codes, addenda, change orders and other modifications. All such documents are available to Subcontractor upon request. All terms of the Main Contract are incorporated herein by reference; such incorporation is general and unlimited. 1.2 SUBCONTRACT. The Subcontract is the Subcontract Agreement, these general conditions, and any special conditions, supplementary conditions, specifications, drawings, plans, applicable building codes, addenda, appendices 1 through <#>, change orders and other modifications. 1.3 SUBCONTRACT WORK. The Subcontract Work is all of the work expressly forth in this Subcontract, as well as all work which can be reasonably inferred therefrom. 1.4 CONTRACT DOCUMENTS. The Contract Documents include the Main Contract and this Subcontract. 1.5 SUBSTANTIAL COMPLETION. Substantial completion shall have the same definition as is set forth in the Main Contract, if any. If there is no such definition, then Substantial Completion means the state of completion when the improvement upon real property may be used or occupied for its intended use. SECTION 2 GENERAL RESPONSIBILITIES 2.1 OBLIGATIONS. Subcontractor assumes toward Contractor all of the obligations and responsibilities set forth in this Subcontract as well as all obligations and responsibilities Contractor assumed toward Owner in the Main Contract, and agrees to be bound by the provisions thereof insofar as applicable, generally or specifically, to Subcontractor's Work, including but not limited to, those provisions pertaining to dispute resolution. 2.2 CONFLICTS. This Subcontract and the Main Contract are intended to supplement and complement each other and shall be thus interpreted. If Subcontractor believes there is an irreconcilable conflict between the Main Contract and this Subcontract, Subcontractor shall provide written notice to Contractor and shall abide by Contractor's decisions. 2.3 LABOR AGREEMENTS. Subcontractor agrees to comply with all labor agreements applicable to the Project, and certifies that it has made its own investigation of the existence and terms of those agreements. 2.4 ASSIGNMENT. Contractor may assign this Subcontract at any time, in which event Subcontractor shall perform its obligations under this Subcontract for the assignee and Contractor shall have no further obligation to Subcontractor. in contrast, Subcontractor shall not assign any part of this Agreement and/or the Subcontractor Work without Contractor's prior written consent. Assignment shall not relieve Subcontractor of its obligations under this Subcontract. 2.5 PERFORMANCE. Subcontractor agrees to use its best skill and judgment in the performance of the Subcontract Work in cooperation with Contractor so that Contractor may fulfill its obligations to the Owner. Subcontractor shall furnish all the labor, materials, equipment, services, supervision, tools, scaffolding and all other items necessary for the proper performance of the Subcontract Work. Subcontractor shall not change supervisory personnel without first providing 10 days advance notice to Contractor. Contractor may object to the change if it has reasonable grounds to believe such change would not be in the best interest of the Project. If the Subcontractor's authorized representative or any employee of Subcontractor performs in a manner unsatisfactory to the Contractor, the Subcontractor agrees upon notice from the Contractor to replace that representative or employee. Subcontractor shall enforce strict discipline and good order among Subcontractor's employees and other persons carrying out the Subcontract. The Subcontractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 2.6 TESTS AND INSPECTIONS. Subcontractor shall schedule all tests, approvals and inspections expressly or impliedly required in the Contract Documents at Subcontractor's expense. Subcontractor shall promptly deliver required certificates of testing, approval or inspection to Contractor. 2.7 LOWER TIER CONTRACTORS/ SUPPLIERS. Prior to commencing work, Subcontractor shall provide a list of its subcontractors and suppliers to Contractor. Contractor may object to the use of any subcontractor or supplier if Contractor reasonably believes that use of the subcontractor or supplier is not in the best interest of the Project. If Subcontractor desires to hire subcontractors or suppliers after commencing work, Subcontractor must seek written approval from Contractor. In the event Contractor reasonably objects to a subcontractor or supplier, Subcontractor shall forthwith obtain a replacement, and shall not be entitled to additional compensation or time. 2.8 SITE VISITATION. Prior to performing any portion of the Subcontract Work, Subcontractor shall inspect the Project site to familiarize itself with site conditions (including access to and from the site). If Subcontractor discovers any discrepancy in the Contract Documents when compared with actual conditions, or observes any other condition which may impact its performance, it shall report that information to Contractor prior to disturbing the condition or within three working days of becoming aware of the discrepancy. Failure to do so will constitute a waiver by Subcontractor of any claims related to said discrepancy. Subcontractor represents that it has made all investigations necessary for a full understanding of difficulties it may encounter in performing the Subcontract Work. Subcontractor's obligations shall also include protecting and maintaining all utilities at all times unless it is unsafe to do so. 2.9 SUBCONTRACTOR VERIFICATION. Notwithstanding any measurements or dimensions appearing in the Contract Documents, Subcontractor shall regularly take field measurements and verify field conditions before commencing work on the Project or any portion thereof. Should Subcontractor discover a discrepancy between actual field conditions and the Contract Documents it must report that information to Contractor before commencing work. Failure to do so will constitute a waiver of any right to compensation or additional time resulting from said inconsistency. 2.10 SUBCONTRACTOR FURNISHED INFORMATION. Subcontractor may be required to submit certain materials, components, equipment or other items to be incorporated into the work to Contractor for review and approval by Owner and/or its consultants ("submittals"). Review and approval of any submittal shall not be deemed to authorize deviations, substitutions or changes in the contract documents. No deviation, substitution or change is allowed absent express written approval from Contractor and Owner. Any unauthorized change, substitution or deviation in the Subcontract Work shall be remedied at Subcontractor's sole cost and expense regardless of submittal approval, and so as not to delay Contractor or impede the construction schedule. 2.11 MEETINGS. Subcontractor shall participate in all Project and other meetings required by Contractor. 2.12 COMPLIANCE WITH LAWS. Subcontractor shall comply with all applicable laws and regulations, and any changes or additions thereto during the course of the Project, without additional compensation, and shall require its lower tier subcontractors to do the same. 2.13 EMPLOYER TAXES. Subcontractor shall withhold from its payroll applicable taxes and promptly pay same to the appropriate government agencies. Contractor shall not responsible for any such taxes and shall not be considered an employer of Subcontractor's employees. 2.14 ROYALTIES, PATENTS AND COPYRIGHTS. Subcontractor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Subcontractor for incorporation in the Subcontract Work. 2.15 PERMITS, FEES, LICENSE AND TAXES. Subcontractor shall be responsible for all permits, fees, licenses, costs, assessments, inspections, testing and taxes necessary to complete the Subcontract Work. For Washington public works projects, Subcontractor verifies that it meets the responsibility criteria listed in RCW 39.04.350(1) and that it possesses the necessary licenses to complete its scope of work at the time of execution of this Agreement. Additionally, Subcontractor shall include this provision as a verification requirement in all contracts entered with lower tier subcontractors and verify that all licensing and responsibility criteria are met. 2.16 PROTECTION OF THE WORK. Subcontractor shall protect the Subcontract Work and the work of others from damage caused by its operations. Should Subcontractor damage any work, it shall promptly remedy such damage to the satisfaction of Contractor. If it fails to do so, Contractor may remedy the damage and deduct its costs, plus overhead and profit, from amounts due, or to become due, Subcontractor. 2.17 ADJACENT WORK. Subcontractor shall verify and check the accuracy and acceptability of all adjacent work performed by others which interferes or which may affect the Subcontract Work. Subcontractor shall promptly report in writing to Contractor any defect, deficiency, error or omission in any work that may impact Subcontractor's ability to perform the Subcontract Work. Subcontractor shall be solely responsible for the costs of removal and replacement of any work that covers and renders inaccessible incorrect work adjacent to or under the work required by this Subcontract, including any delay impact damages resulting therefrom. SECTION 3 SAFETY 3.1 SAFE ENVIRONMENT. Safety is of paramount concern on the Project, and Subcontractor shall create and maintain a safe working environment. 3.2 ACCIDENT PREVENTION PROGRAMS. Subcontractor shall provide all safety equipment to complete its Subcontract Work as part of the Subcontract price. Subcontractor agrees that it, its employees and its lower tier subcontractors and their employees shall comply with Contractor's Accident Prevention Program including, but not limited to, any workplace drug -free programs required by state or federal law, or Contractor. Subcontractor shall also require its lower tier subcontractors to comply with Contractor's Accident Prevention Program. Subcontractor shall also implement its own site specific safety program for itself and its lower tier subcontractors that (1) identifies anticipated hazards that will more likely be encountered in all phases of the project; and (2) identify methods that will be used to abate those hazards, and shall require its lower tier subcontractors to establish and follow their own Accident Prevention Program. 3.3 JOBSITE SAFETY MEETINGS. Unless directed otherwise by Contractor, Subcontractor shall ensure that its employees and subcontractors attend Contractor's weekly jobsite safety meetings. 3.4 SAFETY REPRESENTATIVE. Subcontractor shall designate an on -site competent person who shall act as its designated safety representative with the duty to prevent accidents and insure all safety regulations and programs are followed. Among other duties designated by Subcontractor, the safety representative shall conduct a daily inspection of Subcontractor's work area and the performance of Subcontractor's work to ensure there are no unsafe conditions and that the work is being performed in compliance with all safety requirements. 3.5 DISCIPLINARY PROCEDURES. Subcontractor shall have and enforce disciplinary procedures that will be followed in the event safety violations are discovered. 3.6 STOPPAGE OF WORK. Subcontractor shall immediately stop work which it or Contractor deems unsafe, or which is being performed in an unsafe manner. Subcontractor shall immediately correct the condition and shall not be entitled to any additional compensation or time for doing so. 3.7 NOTICE. Subcontractor shall give an immediate verbal and then a prompt written notice to Contractor of an incident involving bodily injury requiring a physician's care or hospitalization, property damage, or any failure that could have resulted in serious bodily injury, whether or not such an injury was actually sustained. 3.8 HOUSEKEEPING. Subcontractor shall regularly, and upon request by Contractor, remove and properly dispose of waste and debris, and shall generally keep its work area in as neat and organized a condition as reasonably possible. Subcontractor shall also regularly and upon request of Contractor properly dispose of hazardous waste, at its own expense, which expense may include hauling, employment of certified personnel to handle material, dump fees, etc. Subcontractor's housekeeping obligations shall include the daily cleaning of roadways, streets, appurtenances, sidewalks and in and around Subcontractor's job trailer. This obligation includes snow and ice removal and protection during times of inclement weather. All costs in connection with Subcontractor's housekeeping obligations, including water for cleaning of streets, hauling costs, dumpsters, etc. shall be considered as incidental to other items involved in the Project and will not entitle Subcontractor to additional compensation. Contractor may backcharge Subcontractor for general housekeeping performed by Contractor to the extent said housekeeping arises out of Subcontractor's Work. 3.9 SAFETY QUESTIONNAIRE. As a condition precedent to receiving payment on the job, Subcontractor shall accurately fill out and return the Safety Questionnaire attached hereto as Appendix 1. 3.10 MATERIAL BREACH. Breach by Subcontractor or any of its lower tier subcontractors of any of the provisions of this Section 3 shall be a material breach of contract and grounds for immediate termination. SECTION 4 SCHEDULING/TIME OF COMPLETION 4.1 TIME OF THE ESSENCE. Time is of the essence in this Subcontract. 4.2 COMMENCEMENT. Subcontractor shall start the Subcontract Work on the date established by Contractor, and shall perform the Subcontract Work in accordance with Contractor's schedule and updates. 4.3 COMPLETION DATES. Subcontractor acknowledges that it is bound to all milestones and to the substantial and final completion dates for the Project as established in the Main Contract and Contractor's schedule, and will perform the Subcontract Work in such time as directed by Contractor to allow Contractor to meet those dates. 4.4 SCHEDULES. Subcontractor shall prepare and submit construction progress schedules in the form and as required by Contractor for Contractor's consideration. Contractor may determine the time and order of events and change them when it is in the best interest of the Project to do so. Subcontractor shall revise its schedules to comply with that information. If Subcontractor fails to submit a progress schedule as required, Contractor may withhold approval of progress payments until such time as Subcontractor submits the required progress schedule. Subcontractor shall be bound to, and waives all claims arising out of, Contractor's schedule if Subcontractor fails to provide progress schedules for Contractor's consideration. 4.5 SCHEDULE REVIEW. Subcontractor will review the original schedule and periodic updates to confirm that duration and sequencing is reasonable and attainable. Subcontractor's failure to notify Contractor within five (5) days of receipt of original and updated schedules constitutes Subcontractor's acceptance thereof, and will preclude any claim by Subcontractor that the schedule was unreasonable or unattainable without additional cost. 4.6 MAINTAINING SCHEDULE. Should Subcontractor fall behind schedule, it shall take necessary action to meet and maintain the schedule without additional compensation, and shall be liable to and reimburse Contractor for damages resulting from or related to any delay, including, but not limited to, liquidated damages, overtime and off -hour supervisory costs incurred by Contractor and by any of its other Subcontractors resulting from or relating to such delay. Float shall be allocated as set forth in the Main Contract, and if not set forth therein, it shall belong to Contractor. Float represents the amount of scheduling discretion or flexibility that may be available for that activity before total project duration will be adversely affected. 4.7 WORKING HOURS. Contractor shall establish working hours for the Project. No work will be allowed at the Project site after normal business hours without first securing the express written permission of Contractor. Such permission shall be granted at Contractor's sole discretion and shall be subject to terms and conditions determined by Contractor. 4.8 LIQUIDATED DAMAGES. Subcontractor acknowledges that if it fails to adhere to Contractor's schedule and schedule updates that Owner may assess liquidated damages to Contractor. In such case, Subcontractor shall be responsible to pay Contractor for that portion of liquidated damages that Contractor in its reasonable determination assigns to Subcontractor. In addition, Subcontractor shall be responsible for Contractor's supervision and other administrative costs directly caused by Subcontractor's delay. Said liquidated damages and actual damages will be deducted from any payments owing to Subcontractor. SECTION 5 MATERIALS AND EQUIPMENT 5.1 RESPONSIBILITY. Subcontractor shall be responsible for all material delivered to the Project whether delivered F.O.B. point of origin or F.O.B. job site, and shall pay all demurrage and storage charges which accrue after delivery. Subcontractor shall unload, store and protect the material and equipment it furnishes for incorporation into the Project. Such material and equipment shall become the property of Owner upon payment. Subcontractor shall bear the risk of loss or damage to the material or equipment until the Project is accepted by Owner, unless the damage or loss is due to the sole negligence of Owner or Contractor. 5.2 USE OF EQUIPMENT. Subcontractor may only use Contractor's tools or equipment after first obtaining prior written approval from Contractor. Contractor makes no express or implied warranties with respect to the condition or fitness of said equipment and any such warranties are expressly disclaimed. Subcontractor's use shall constitute an express agreement to rent said tools or equipment at the then prevailing rate as set forth in the current Rental Rate Blue Book or which are customary in the area, whichever is greater. Subcontractor is responsible for complying with all laws and regulations and payment of any penalties or fines resulting from the use of same. Subcontractor agrees to indemnify Contractor as set forth Section 14 for all injuries to persons and property arising out of Subcontractor's use of the equipment. 5.3 FUELING OF EQUIPMENT. Subcontractor must make a written request, acknowledging a rate of $ per gallon, at the start of the project, or before using fuel, to dispense Contractor's fuel from truck/tank. Upon approval of the request, the Subcontractor may only be issued fuel by an authorized representative of the Contractor. Payment for fuel will be by backcharge deducted from the Subcontractor's monthly payment in such amount as is shown on the oiler's report. 5.4 CLEAR DIESEL. The use of clear or non -dyed diesel is required on this Project and/or by state law. Should Subcontractor fail or refuse to use clear diesel, it shall reimburse, indemnify, defend, and hold Contractor harmless from and against all claims, suits, taxes, and penalties, etc. assessed as a result. SECTION 6 UNCOVERING/CORRECTION OF WORK Subcontractor shall, at its own expense, uncover any portion of the Subcontract Work which it covered in violation of the Contract Documents or contrary to a directive issued by Contractor, or when Contractor reasonably believes that the covered work does not conform to the Contract Documents. Subcontractor shall uncover the work within twenty-four (24) hours of Contractor's directive to do so. If the uncovered work conforms to the Contract Documents, or if the non -conforming condition is not the fault of Subcontractor, then Subcontractor shall be reimbursed for the costs associated with uncovering and restoring the work with the exception of costs related to delay or disruption of Subcontractor's Work. In all other cases Subcontractor shall be responsible for uncovering, correcting and restoring the work, including any damage to work performed by others which Subcontractor damaged in uncovering the Subcontract Work. SECTION 7 SUBCONTRACTOR BONDS 7.1 REQUIREMENT. Subcontractor ❑ shall furnish Contractor, as the named obligee, appropriate bonds to secure the faithful performance of the Subcontract Work and to satisfy all Subcontractor payment obligations. If the box is not checked, no bond is required. 7.2 FORM AND AMOUNT. If performance and/or payment bonds are required of Subcontractor under this Subcontract, they shall be in a form and by a surety mutually agreeable to Contractor and Subcontractor, and in the amount of the Subcontract unless otherwise specified. If Contractor requires Subcontractor to provide any such bonds after execution of the Subcontract, Contractor shall reimburse Subcontractor, without retainage, for the cost of such bonds. 7.3 FAILURE TO PROVIDE. In the event Subcontractor fails to provide the required bonds within ten (10) calendar days of execution of the Subcontract or request by Contractor, Contractor may terminate this Subcontract and enter into a subcontract for the balance of the Subcontract Work with another subcontractor. SECTION 8 CHANGES 8.1 AUTHORITY TO MAKE CHANGES: Contractor may at any time and without notice to Subcontractor's sureties, make changes in, additions to, deletions from or alterations in the Subcontract Work or time of performance. Direction for any changed work may be authorized only by the point of contact on page 1 of this Agreement or that person's written designee. No other individual has the express or implied authority to change Subcontractor's Work. Should Subcontractor believe such order or any work directive entitles it to extra time or compensation, it shall, within five (5) working days from the date of such order, and prior to instituting the change, submit a change order proposal or cost estimate indicating the adjustment in price and/or contract time it is seeking. Failure to provide such proposal or estimate shall constitute a waiver by Subcontractor for any additional compensation or time, but shall not relieve Subcontractor from performing the work or instituting the ordered changes. Should the parties be unable to agree on the price, Contractor may nevertheless order Subcontractor in writing to proceed with the Subcontract Work. Should Subcontractor begin work without such written order it shall be deemed to have waived any claim for additional compensation or time. 8.2 CLAIMS. Should Subcontractor desire to make a claim for additional compensation or time, or if it believes Contractor has breached the Subcontract, it shall submit a Notice of Claim within five (5) days of the directive or other event giving rise to the claim. The Notice of Claim shall provide, in as much detail and with as much supporting documentation as possible, the amount of additional compensation or time sought, and the contract provisions, specification sections and/or drawings that Subcontractor believes give rise to the claim. Failure to provide such notice shall be deemed a waiver of any such claim. 8.3 AMOUNT OF COMPENSATION. Compensation for any change shall be based upon: (a) agreed upon lump sum; (b) unit prices previously agreed upon; (c) costs plus a mark-up not exceeding 10%, which percentage shall include overhead and profit; or (d) if the Subcontract amount is based upon the cost of the work plus a fee, then the amount shall be calculated as specified. Under any of the above methods the amount agreed upon shall include all time impacts, direct and indirect costs, and profit and overhead associated with the change. Furthermore, if the change is due to actions of the Owner or any person not a party to this Subcontract, then the compensation or time granted to Subcontractor shall be limited to the compensation or time Owner pays or grants Contractor for the change. 8.4 ACCORD AND SATISFACTION. Any change in the contract time or price affected by a change order shall be considered full payment and an accord and satisfaction of all costs of any nature, as well as profit and overhead, pertaining in any way to the change, and of claims for additional time pertaining to the change. 8.5 CHANGED CONDITIONS. Should Subcontractor encounter latent, concealed, or subsurface physical conditions which differ materially from those indicated in the Contract Documents, or encounter unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and not generally recognized as inherent in the kind of work provide for in this Subcontract, then it shall give notice to Contractor promptly before the conditions are disturbed. Contractor will investigate the condition and, if it considers it a changed condition as described above, request a change order proposal from Subcontractor for presentation to Owner. If Contractor determines that the conditions are not unknown conditions as described above, or do not justify any change in compensation or time (or in the amount requested by Subcontractor), Contractor will so notify Subcontractor. Subcontractor may then submit a Notice of Claim as described in Paragraph 8.2. Subcontractor shall not disturb the condition until notified by Contractor that it may do so. However, such notification shall not be considered an agreement by Contractor to any extra compensation or time resulting from the condition. Subcontractor shall not be entitled to any additional compensation or time for a changed condition unless granted by Owner. 8.6 DELAYS. Subcontractor shall not be entitled to any additional compensation as the consequence of delay caused by any person, (including decreased productivity or delays resulting from owner/government directed shut down or other government directions) not a party to this Subcontract unless Contractor first recovers compensation on behalf of Subcontractor. Subcontractor understands and agrees that apart from such recovery its sole remedy shall be an extension of the Subcontract time. Furthermore, Subcontractor will not be allowed any claim for additional compensation or time arising out of any delay unless it has provided Contractor with a Notice of Claim as set forth in paragraph 8.2. 8.7 AUDIT. Contractor shall have the right at any time to inspect, copy and audit the books and records of Subcontractor and its lower tier subcontractors to substantiate any claimed amounts. Subcontractor shall ensure that such a provision is included in its contracts with lower tier subcontractors. Failure to include such a provision in those contracts will constitute a waiver of any claim for compensation based upon amounts charged or claimed by lower tier subcontractors. Subcontractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by the Main Contract. SECTION 9 PAYMENT 9.1 SCHEDULE OF VALUES. As a condition precedent to payment, Subcontractor shall, within fifteen (15) days of executing this Agreement, provide a detailed schedule of values to Contractor. The schedule of values shall allocate 5% of the subcontract price to a category which shall be entitled "Achieving Final Completion." Such sum shall cover all work and services necessary for Subcontractor to proceed from substantial completion through satisfying all requirements for Owner acceptance including completion of all punchlist work and closeout documents. No portion of such sum shall be due Subcontractor until all requirements for Owner's acceptance have been met and satisfied. If directed by Contractor, Subcontractor shall submit an updated schedule of values showing percentage of completion with each application for payment. 9.2 INTENT TO PAY PREVAILING WAGES. If prevailing wage laws apply to the Project, Subcontractor must, as a condition precedent to payment and if required by the Project, submit to Contractor a completed Intent to Pay Prevailing Wages form. Such form must be submitted to Contractor no later than five (5) days prior to Subcontractor commencing Work, or sooner if directed by Contractor. 9.3 TIME OF APPLICATION. Subcontractor shall provide its applications for payment for work and materials incorporated into the Project to Contractor no later than the five (5) days prior to the date Contractor's application for payment is due Owner, or as otherwise directed by Contractor. If Subcontractor fails to timely provide complete applications for payment to Contractor, Contractor may submit its pay application to Owner without Subcontractor's pay request and Subcontractor shall have no right to payment that month. 9.4 PAYMENT FOR MATERIALS. Subcontractor may also include in its application a request for payment for materials delivered to the job site or to satisfactory storage facilities so long as the Main Contract allows for payment for such materials, along with any documentation required by Owner for such payment (e.g., photographs and proof of insurance). In any event, such materials shall be stored at the sole risk and expense of Subcontractor until final acceptance of the Subcontract Work. 9.5 FORM OF APPLICATION. Applications for payment/progress billings must be in a form required by Contractor, and Contractor shall have the right to change the form and the information required at any time. Contractor's acceptance of an application for payment shall not be considered acceptance of the work, nor shall it relieve Subcontractor from complying with its obligations with regard to the work for which payment is sought. 9.6 CERTIFIED PAYROLLS. Subcontractor shall submit certified payrolls when required by Contractor. 9.7 RETAINAGE. Contractor may withhold retainage from Subcontractor in the amount • of 5% of the money earned by the Subcontractor or in such amount as Owner withholds from Contractor, whichever is greater, as a trust fund for the satisfactory completion of the Subcontractor's contractual obligations. Unless otherwise provided by applicable law, the retainage will not accrue interest. Contractor will release retainage within ten (10) working days of Contractor's receipt of its retainage from Owner or as required by state law where the project is located. Notwithstanding the foregoing, if retainage is paid as part of Final Payment it shall be paid in accordance with Paragraph 9.12. 9.8 WAIVERS AND RELEASES. Subcontractor shall provide Contractor with partial lien and claim waivers and releases on behalf of itself and all lower tier subcontractors and suppliers in a form acceptable to Contractor. Receipt and acceptance by Contractor of such waivers and releases is an absolute condition precedent to Contractor's obligations to make progress or final payment to Subcontractor. 9.9 RIGHT TO PAYMENT. Subject to all other applicable terms in this Subcontract and Subcontractor's satisfaction of all payment prerequisites in the Contract Documents, Contractor shall pay Subcontractor the amount of its last approved application for payment within ten (10) working days after Contractor receives payment from Owner for such progress billing. Contractor and Subcontractor expressly agree that Owner's payment to Contractor for the Subcontractor's account is an absolute condition precedent to Contractor's obligations to make progress or final payment to the Subcontractor. Subcontractor expressly agrees to bear the risk of the Owner's non-payment, regardless of the reason. Subcontractor is relying on the credit of Owner, rather than Contractor, for payment of its Subcontract Work. 9.10 PAYMENT AS TRUST FUNDS. All payments to Subcontractor are trust funds for the payment of all sums owed by Subcontractor for labor, material, equipment, taxes, assessment, fees, penalties and all other charges pertaining to its work on the Project, and as such Subcontractor is a fiduciary for its employees, subcontractors, suppliers, and governmental entities to which taxes, assessments fees or penalties are owed, and shall pay them before it pays itself. 9.11 WITHHOLDING PAYMENT. Contractor may nullify any previously approved application for payment, withhold sums it deems reasonably necessary to protect itself from loss or damage, and take other steps reasonably necessary to protect itself (such as paying with joint checks) under the following circumstances: 9.11.1 Subcontractor's failure to perform the Subcontract Work as required; 9.11.2 Subcontractor's assignment or factoring of its accounts receivable; 9.11.3 Loss or damage arising out of or relating to this Subcontract, or other agreements between Subcontractor and Contractor, caused by Subcontractor; 9.11.4 Subcontractor's failure to timely pay for labor, materials, equipment or supplies furnished in connection with the Subcontract Work, or it's failure to pay required taxes, fees, assessments or penalties; 9.11.5 Rejected, nonconforming or defective work which Subcontractor has not corrected within three (3) working days, or such other agreed time, after notification by Contractor; 9.11.6 Delay in performance of the Subcontract Work such that, in the reasonable judgment of Contractor, it will not be complete within the Subcontract time, or the unpaid balance of the contract amount is insufficient to offset the liquidated or actual damages Contractor may sustain as a result of 10 anticipated delay caused by Subcontractor; 9.11.7 Reasonable evidence exists that the unpaid subcontract amount is insufficient to cover the cost to complete or correct the Subcontract Work; 9.11.8 Third -party claims involving Subcontractor or reasonable evidence that such claims are likely; 9.11.9 Subcontractor's failure to timely submit schedules, reports or submittals, and any other documents required by Contractor; and 9.11.10 Any other material breach of this Subcontract. Withheld amounts shall not bear interest. 9.12 FINAL PAYMENT. Final payment shall not be due Subcontractor until: (a) Owner has accepted the Project; (b) ten (10) working days have elapsed from when Contractor received final payment; (c) Subcontractor has satisfied its contractual obligations; and (d) all other payment prerequisites in this Subcontract and the Main Contract have been satisfied (e.g., provision of lien waivers and releases and, affidavits of wages paid, etc.). Acceptance of final payment by Subcontractor shall operate as a full and final release by Subcontractor of any and all claims against the Contractor, its bonds, and the Project. SECTION 10 WARRANTY 10.1 MATERIALS. Subcontractor warrants that all materials and equipment furnished under this Agreement shall be new, unless otherwise specified, in good condition, and otherwise in conformance with the Contract Documents. Subcontractor further agrees to provide any special warranties required under the Main Contract. 10.2 WORKMANSHIP. Subcontractor warrants that it will perform its Work in a good and workmanlike manner and in conformance with the Contract Documents. 10.3 SCOPE AND DURATION. Subcontractor agrees to make good, at its own expense, all defects due to workmanship and/or materials furnished by Subcontractor irrespective of contract compliance when originally furnished, and all damage to other work resulting therefrom. The duration of this warranty is the greater of the time period required in the Main Contract or one year from the date of acceptance of the Project by the Owner. Subcontractor will defend, indemnify and hold Contractor harmless from all claims or demands for damages arising out of related to these warranty obligations. 10.4 EXTENSION. Should Subcontractor perform any corrective work within the warranty period, the warranty period, as it relates to the corrected work only shall be extended to its full duration commencing from the date when such corrective work was completed. 10.5 REMOVAL OF LIENS. Subcontractor will remove or cause to be removed any and all liens, bond or retainage claims of laborers, lower tier subcontractors and suppliers within five (5) calendar days after written demand by Contractor. If it fails to do so Contractor may take reasonable and necessary action to cause such lien to be removed, and charge Subcontractor for all related expenses. Subcontractor agrees to indemnify, defend and hold Contractor, Contractor's surety, Owner and the Project harmless from all such liens or claims. SECTION 11 INSURANCE 11.1 INSURANCE REQUIRED. Subcontractor shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or for damage to property which may arise out of Subcontractor's Work or by the work of any lower tier subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, Commercial General Liability, Excess Liability, Commercial Automobile Liability, including all owned, non - owned, and hired automobiles, Premises/Operations and Products/Completed Operations. Employers Liability and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Subcontractor shall procure, maintain and pay for Workers Compensation Insurance coverage under the laws of the state where the work is performed. If Subcontractor is to provide Ill any service involving asbestos, lead abatement, or other pollutant, Subcontractor shall also provide insurance coverage for asbestos/lead paint abatement/removal or pollution. Minimum coverages and limits of liability for all insurance, shall be as specified in this section or if greater, the Main Contract. 11.2 APPROPRIATE FORMS. Commercial General Liability insurance shall be based on Insurance Services Office ISO Form CG 00 01 or its equivalent and shall confer a status or contain an endorsement (Form CO 2503, or equivalent), requiring that the general aggregate limit of liability shall apply to this Project. The coverage includes Blanket Contractual Liability insurance applicable to Subcontractor's indemnity obligations under this Subcontract. The coverages required herein shall extend six years after substantial completion. Subcontractor's provision of an executed Appendix 5 (Insurance Compliance Certificate) to Contractor's satisfaction is a condition precedent to Contractor's obligation to pay Subcontractor. The Contractor's Commercial General Liability policy under this Section shall not contain an exclusion or restriction of coverage for the following: 11.2.1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. 11.2.2 Claims for property damage to the Contractor's Work arising out of the products -completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. 11.2.3 Claims for bodily injury other than to the employees of the insured. 11.2.4 Claims for indemnity under Section 14 of these General Conditions arising out of injury to employees of the insured. 11.2.5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. 11.2.6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. 11.2.7 Claims related to residential, multi- family, or other habitational projects, if the Work is to be performed on such a project. 11.2.8 Claims related to roofing, if the Work involves roofing. 11.2.9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. 11.2.10 Claims related to earth subsidence or movement, where the work involves such hazards. 11.2.1.1 Claims related to explosion, collapse, and underground hazards, where the Work involves such hazards. 11.3 ADDITIONAL INSURED ENDORSEMENT. Subcontractor shall obtain both a Broad Form Additional Insured Status using ISO Endorsement CO 2010 10 01 and CG 2037 10 01 or equivalent which includes completed operations coverage, as well as a Commercial Automobile Liability Policy, naming Contractor, Owner, and any other entity required by the Main Contract, as "additional insureds". The foregoing "additional insured" status or endorsements shall also include coverage for liability arising out of (a) completed operations through the statute of repose for the state where the Subcontract Work is performed, (b) operations performed for Contractor or Owner by Subcontractor, (c) acts or omissions of Contractor or Owner in connection with general supervision of Subcontractor's operations, and (d) claims for bodily injury, death or property damage brought against Contractor or Owner by Subcontractor's employees, or the employees of Subcontractor's subcontractors of any tier, however caused, related to the performance of the work under the Main Contract. The insurance afforded to above stated additional insureds under Subcontractor's policies shall be primary insurance and not excess over, or contributing with, any insurance purchased or maintained by additional insureds, and shall confer a status or contain an endorsement which provides the same. In the event Subcontractor and Contractor are covered by Contractor's insurance, Contractor's policy shall only apply excess of Subcontractor's policy. Subcontractor shall provide Additional 12 Insured Endorsements to Contractor. Subcontractor shall not name Contractor or Owner as an additional insured on a professional services liability agreement. 11.4 BUILDER'S RISK POLICY. If Builder's Risk or any other property insurance is provided by others, Contractor and Subcontractor waive all rights against each other and Owner, and agents or employees of any of them, separate contractors, and all other subcontractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance, except such rights as they may have to the proceeds of such insurance. Subcontractor shall be responsible for that portion of the Builder's Risk deductible which is proportionate to the loss or damage resulting from acts or omissions attributable to the Subcontractor. If Builder's Risk or any other property or equipment insurance is not provided by others under the Main Contract, the Subcontractor shall procure and maintain, at the Subcontractor's own expense, property and equipment insurance for portions of the Subcontract Work stored off the site or in transit. 11.5 WORKER'S COMPENSATION. Owner -operators are required to furnish Worker's Compensation certificates, regardless of whether the owner -operator has employees and regardless of whether owner -operator is a sole proprietor, notwithstanding any statutory exemptions. For states that do not require Worker's Compensation coverage, Owner/Operators shall elect into coverage under the Workers Compensation laws of the governing state. Owner/Operators shall file with the Industrial Insurance Commission a written declaration stating that the provisions of the Worker's Compensation laws shall apply to it and its surety. The effective date of such coverage shall be the date of commencement of work under this Subcontract. Owner/Operators shall make all payments as they become due and shall furnish evidence satisfactory to Contractor of the same. Should Owner/Operator choose to revoke its election of coverage, fail to furnish satisfactory evidence of payment, or fail to elect into Worker's Compensation coverage, payments for the same shall be deducted from the Subcontract amount or from monthly progress payments, due the Subcontractor at Contractor's sole election. 11.6 LIMITS. Subcontractor is required to carry insurance for the amounts specified below and shall present current Certificates of Insurance and endorsements to Contractor prior to doing any work at the site. Those Certificates of Insurance shall be based on 25S Acord Form or equivalent and shall, together with appropriate endorsements, include the coverages described above and shall contain limits in the minimum amounts specified below. If Subcontractor receives any notices of cancellation or non - renewal, or any additional restrictive modifications, it shall immediately forward such notices to Contractor, but in no event later than five (5) days after receipt of same. Such Certificates of Insurance and applicable endorsements required herein shall be in a form acceptable to Contractor and shall provide satisfactory evidence that Subcontractor has complied with all insurance requirements. If Subcontractor's existing policy provides higher limits than those specified below, the higher limits shall be applicable and the certificates of insurance provided by Subcontractor shall reflect those higher limits, otherwise Subcontractor shall provide insurance with the following minimum coverage limits: Worker's Statutory Limits pursuant to Compensation the Laws of the State where the work is performed. Employer's $1,000,000.00 each Liability and accident and each Stop Gap employee, limit by disease. Commercial $1,000,000.00 each General occurrence; $2,000,000.00 Liability Aggregate: Deductible: not greater than $25, 000.00. Comprehensive $1,000,000.00 each Auto Liability occurrence. Asbestos $1,000,000.00 each Abatement/ occurrence; $2,000,000.00 Removal or aggregate; Required if Pollution Subcontractor is providing Liability any service involving asbestos. Professional $1,000,000.00 each Services occurrence; $2,000,000.00 Liability aggregate; Required if Professional Services provided - in addition to insurance requirements listed above, Subcontractor shall provide Professional Liability Coverage (i.e. Errors and Omission liability) with an acceptable carrier to Contractor in the amount o f 13 $1,000,000.00 which will be specific to this Project and will not be encumbered or reduced in value during the duration of Subcontract, except by claims or insurable events that may take place on this Project. Further, there shall be a 30 -day written notice to Contractor of any reduction of coverage limits of liability for this policy. This policy shall have an extended reporting period of at least 24 months from the Substantial Completion of the Project. Subcontractor shall provide a certificate of insurance naming Contractor as a certificate holder. Umbrella/ $1,000,000.00 or greater Excess Liability limits if required in the main contract, which is in excess of the Worker's Compensation, Employer's Liability, Stop Gap, Commercial General Liability, and Comprehensive Auto Liability insurance coverages required by this Section. 11.7 FAILURE TO PROCURE INSURANCE. If Subcontractor fails to secure and/or pay the premiums for any of the policies of insurance required herein, or fails to maintain such insurance, Contractor may, in addition to any other rights it may have under this Agreement or at law or in equity, terminate this Subcontract or secure such policy or policies of insurance for the account of Subcontractor and charge Subcontractor for the premiums paid therefore, or withhold the amount thereof from sums otherwise due from Contractor to Subcontractor. Neither the Contractor's rights to secure such policy or policies nor the securing thereof by Contractor shall constitute an undertaking by Contractor on behalf of or for the benefit of Subcontractor or others to determine or warrant that such policies are in effect. 11.8 WAIVER OF SUBROGATION. Contractor and Subcontractor waive all rights against each other and by and between the Subcontractor's lower tier subcontractors, suppliers, agents and employees for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Subcontract or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by Contractor or Owner as fiduciary. Subcontractor shall require its lower tier subcontractors and suppliers to similarly waive subrogation in writing in favor of each of the parties named herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. SECTION 12 FAILURE OF PERFORMANCE 12.1 DEFAULT. If the Subcontractor refuses or fails, in the reasonable judgment of Contractor, to supply enough properly skilled workers, proper materials, or maintain the Progress Schedule, or fails to make prompt payment to its workers, lower tier Subcontractors or suppliers, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise materially breaches a provision of this Agreement the Subcontractor shall be in default of this Agreement. 12.2 FAILURE TO CURE. If the Subcontractor fails within three (3) days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 12.2.1 hire subcontractors and/or supply workers, materials, equipment, and facilities as the Contractor deems necessary for the completion of the Subcontractor's Work or any part which 14 the Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, attorneys' fees, costs and expenses to the Subcontractor; 12.2.2 withhold any payments due or to become due the Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to all the satisfaction of the Contractor; and/or 12.2.3 terminate this Subcontract upon 3 days notice. In the event of an emergency affecting the safety of persons or property, continued failure to perform, incompetency, or a need to maintain schedule exists, the Contractor may proceed as above without notice. 12.3 ASSIGNMENT. To secure its performance, Subcontractor assigns to Contractor all of its rights to lower tier subcontracts, purchase orders, lease agreements and other agreements entered into in connection with the Project, and appoints Contractor its attorney -in -fact to enforce said contracts according to their terms at Contractor's sole discretion. Such assignment shall be operative in the event of default by, or upon the termination of, Subcontractor. All lower tier subcontracts and other such agreements shall provide that the lower tier subcontractor consents to such assignment. 12.4 WRONGFUL TERMINATION. If any finder of fact determines that Contractor wrongfully terminated Subcontractor for default, then the default termination shall be converted to one for convenience and damages shall be calculated as provided in Section 13. SECTION 13 TERMINATION FOR CONVENIENCE Contractor may terminate all or any part of this Subcontract upon ten (10) day's written notice for Contractor's convenience. Contractor shall pay Subcontractor for the work actually performed prior to termination in an amount proportionate to the Subcontract Price. Contractor shall not be liable to Subcontractor for any other costs or amounts, including prospective profits or unabsorbed overhead on Subcontract Work not performed. If no work or only nominal work has been performed at the time of the convenience termination, Contractor shall pay Subcontractor $500 as consideration. SECTION 14 INDEMNIFICATION 14.1 GENERAL RESPONSIBILITIES. In addition to any other defense, indemnity or hold harmless obligation imposed on Subcontractor by the Subcontract or applicable law and to the fullest extent permitted by law, Subcontractor shall defend and indemnify and hold harmless, Owner, Contractor, and their respective directors, officers, employees, parents and subsidiaries of any tier, sureties, representatives, agents, successors and assigns, and any and all representatives, agents, directors, officers, employees of any of the foregoing ("Indemnified Parties") from claims, demands, costs, attorney fees, causes of action, judgments, fines, penalties, interest and liabilities of every kind whatsoever arising out of or in connection with this Subcontract, which includes but is not limited to, acts, omissions, services, work, product or fault of Subcontractor or its agents, representatives, suppliers, employees, or subcontractors. This defense and indemnity shall extend to claims occurring after this agreement is terminated as well as while it is in force. The defense and indemnity obligations herein shall apply regardless of any concurrent active and/or passive negligent act or omission of the Owner, Contractor, Architect, or their agents or employees, but Subcontractor shall not be obligated to defend or indemnify any party for claims arising out of the sole negligence or willful misconduct of the Contractor or its agents or employees. Subcontractor's duty to defend and indemnify Contractor for claims resulting from the concurrent negligence of (a) Contractor or Contractor's agents or employees, and (b) Subcontractor or Subcontractor's agents and employees, shall apply only to the extent of the negligence of Subcontractor or Subcontractor's agents or employees. The defense and indemnity set forth in the section shall not be limited by any insurance requirements, or by any provision of this Agreement. 15 Defense cost recovery shall include all fees (of attorneys and experts), and costs and expenses incurred in good faith. Claims arising out of the injury or death to Subcontractor's own employees, and Subcontractor's obligations thereof are not limited by provisions of any Worker's Compensation or similar statute. Further, except as expressly required by law, no indemnification or defense obligation under the Subcontract shall 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; provided Subcontractor's waiver of immunity by the provisions of this section extends only to claims against Subcontractor by Contractor, and does not include, or extend to, any claims by Subcontractor's employees directly against Subcontractor. The Subcontractor shall indemnify the Contractor for fines, or penalties imposed on the Contractor as a result of safety violations, but only to the extent that such fines, or penalties are caused by the Subcontractor's failure to comply with applicable safety requirements, and then only to the extent that such fines or penalties are determined to be the Subcontractor's responsibility based upon the particular failure of compliance cited, and not due to prior or repeated safety violations by the Contractor. Subcontractor's obligations under this Section survive termination of this Agreement and shall not be affected or limited in any way by any insurance required of or provided to Subcontractor under the Subcontract. Claims by Contractor for defense and indemnity against Subcontractor shall be exempt from statutes of limitation and statutes of repose to the extent that claims by the Owner or any upper -tier contractor are exempt from those statutes. Notwithstanding any other statutory or contractual provision to the contrary, claims for defense and/or indemnity by Contractor against Subcontractor shall not be time -barred, provided that they are brought within 90 days of the service of suit on such claims against Contractor by Owner, any upper -tier contractor, or third party to this Subcontract. 14.2 WAIVER OF WORKER'S COMPENSATION IMMUNITY. For the purposes of these indemnification provisions only, Subcontractor specifically and expressly waives any immunity that may be granted it under the worker's compensation laws of any state; provided that such waiver shall be expressly limited to Subcontractor's indemnity obligations herein and shall not be intended as a benefit to any third party. 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 p a r ty under worker's compensation acts, disability benefits acts, or other employee benefits acts. 14.3 INDEMNIFICATION SURVIVES TERMINATION. Subcontractor's indemnification obligations as stated herein shall extend to claims occurring after this Subcontract Agreement is terminated as well as while it is in force. 14.4 SEPARATE FROM INSURANCE. Subcontractor agrees that its duties and obligations under this section are distinct from and not limited in any manner by the insurance obligations set forth in Section 11. THE UNDERSIGNED HEREBY CERTIFY THAT SECTION 14 WAS MUTUALLY NEGOTIATED. Nordland Construction Subcontractor: NW, Inc. SECTION 15 DISPUTE RESOLUTION 15.1 DISPUTE RESOLUTION. All disputes in excess of $100,000 in the aggregate arising out of this Subcontract shall be decided by litigation unless the parties mutually agree to another means of dispute resolution, or unless arbitration is required by the Main Contract for disputes between Owner and Contractor and Subcontractor is a part of that proceeding. 15.2 DISPUTES OF $100,000 OR LESS. All claims, counterclaims, disputes, and other matters in question solely between Contractor and Subcontractor which in the aggregate are $100,000 or less (exclusive of interest, costs, and attorney's fees) shall be decided by 16 arbitration before one arbitrator in accordance with the then -current Construction Industry Arbitration Fast Track Rules of the American Arbitration Association. 15.3 ATTORNEYS' FEES. The substantially prevailing party in any dispute shall be awarded its attorneys' fees and costs, including all copying and other administrative costs incurred by the law firm, paralegal time, secretarial time, consultant fees and expert witness fees. If neither party wholly prevails, the substantially prevailing party is determined by the extent and relief afforded the parties without reference to which party in whose favor judgment is rendered. 15.4 DUTY OF COOPERATION. In the event Contractor is involved in a dispute to which Subcontractor is not a party, Subcontractor agrees to cooperate fully with Contractor at no charge. Such cooperation shall include furnishing all requested witnesses, documents, statements, etc. requested by Contractor. 15.5 CLAIMS ARISING FROM OWNER. Subcontractor agrees to be joined in any proceeding where Contractor is involved in a dispute either prosecuting Subcontractor's claims or defending Subcontractor or the Subcontract Work. Subcontractor agrees to pay or reimburse Contractor for all fees and costs Contractor incurs related to the prosecution of Subcontractor's claims or in defense of Subcontractor or the Subcontract Work, whether or not Subcontractor is a party to the proceeding. Subcontractor further agrees to be bound by the decision resulting from that dispute to the same extent as Contractor, whether or not it was a party to the proceeding. Furthermore, Subcontractor will suspend or stay any action against Contractor pending resolution of Contractor's dispute with Owner, if any. With respect to claims by Subcontractor for which the Contractor believes the Owner is wholly or partially responsible, Subcontractor may, at Contractor's sole discretion, prosecute the matter in the name of Contractor, and shall take full responsibility for preparation and presentation of the case, and the associated fees and costs. 15.6 LIMITATIONS PERIOD. Subcontractor must file and serve a Summons and Complaint, Counterclaim or Third -Party Complaint (or demand for arbitration when applicable) against Contractor for nonpayment or back charges by Contractor within 180 days of Substantial Completion. However, actions for nonpayment of retainage must be filed and served within 90 days after payment by Owner to Contractor or within 180 days after Substantial Completion, whichever is longer. Compliance with the obligations in this paragraph is an absolute condition precedent to maintaining an action in arbitration or court. 15.7 WORK CONTINUATION. Unless otherwise agreed in writing by Contractor, Subcontractor shall continue to perform in accordance with the Project Schedule during any dispute resolution proceeding. SECTION 16 MISCELLANEOUS 16.1 CHOICE OF LAW. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the laws of the State of Washington, including its statutes of limitations, excluding any conflict of laws rule or principle that might refer the governance or construction of this Subcontract to the law of another jurisdiction. 16.2 VENUE. Except as otherwise set forth below, the exclusive venue for any lawsuit arising out of this Subcontract or the Subcontract Work shall be in Jefferson County, Washington, or the appropriate federal court in Washington, and Subcontractor hereby submits to the jurisdiction of those courts. Subcontractor agrees to allow its joinder in any lawsuit arising out of the Project or this Subcontract, regardless of the venue, and Subcontractor hereby submits to the jurisdiction of the courts in that jurisdiction. 16.3 NONDISCLOSURE. Subcontractor agrees to protect and not disclose Contractor and Owner's confidential information, including, without limitation, pricing, work approach, drawings, or sensitive information recognized by any state or federal authority as confidential information. 17 16.4 SAVINGS CLAUSE. The partial or complete invalidity of any one or more provisions of this Subcontract shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the balance of the provisions shall be considered reformed to reflect the intent of the parties to the greatest extent possible consistent with the law. 16.5 TITLES. The titles to the sections in this Subcontract are for reference only and shall not be relied upon or cited for any purpose. 16.6 NO TERM WAIVER. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Subcontract, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. 16.7 CONTINUING OBLIGATIONS. Termination either for default or convenience shall not relieve Subcontractor from obligations in connection with work performed prior to termination, nor shall it abrogate any provisions herein dealing with resolution of disputes including this Section 16. 16.8 NO IMPLIED DUTIES. Subcontractor expressly acknowledges and agrees that all obligations Contractor owes to Subcontractor are contained in the express written provisions of this Subcontract and that Contractor owes no implied duties or obligations to Subcontractor. 16.9 INTEGRATION CLAUSE. This Subcontract represents the final integrated understanding of the parties and shall supersede any prior proposals, offers, negotiations, revisions, unincorporated written communications or oral discussions, statements, representations or agreements. 16.10 EXHIBITS. This Subcontract incorporates by this reference any Appendices or Exhibits attached hereto or referred to herein. 16.11 WRITTEN MODIFICATIONS. No modification of this Subcontract and no waiver of any rights under this Subcontract shall be valid or binding on the parties unless the same be in writing signed by both parties. 16.12 MILLER ACT. To the extent necessary to carry out the provisions of this Subcontract, including but not limited to Subcontractor's agreement to suspend or stay any action against Contractor or Contractor's bond pending resolution of Contractor's dispute with Owner, Subcontractor waives the rights granted to it under the federal Miller Act and any applicable state Little Miller Act or public works bond law. THE UNDERSIGNED HEREBY CERTIFY THAT THIS ARTICLE 16.12 WAS MUTUALLY NEGOTIATED. Nordland Construction Subcontractor: NW, Inc. 16.13 CONTRACTING WITH OWNER Subcontractor shall not contract with the Owner for any work on the Project prior to Final Completion. 16.14 DOCUMENTS PRIOR TO STARTING WORK. Prior to starting work on the Project, Subcontractor must provide Contractor: Subcontractor's license and/or registration, proof of worker's compensation insurance, Federal Form W-9, Subcontractor's Worksite Safety Program and any other documents required herein. SECTION 17 GOVERNMENT MANDATED CLAUSES The following government mandated clause applies to this subcontract, along with those clauses set forth or identified in Appendix 4. 17.1 EQUAL OPPORTUNITY CLAUSE. During the performance of this Contract, the Subcontractor agrees as follows: 17.1.1 The Subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subcontractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not 18 be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 17.1.2 The Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 17.1.3 The Subcontractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Subcontractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 17.1.4 The Subcontractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 17.1.5 The Subcontractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 17.1.6 in the event of the Subcontractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Subcontractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 17.1.7 The Subcontractor will include the provisions of this Paragraph 17.1 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Subcontractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Subcontractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction, the Subcontractor may request the United States to enter into such litigation to protect the interests of the United States. END OF GENERAL CONDITIONS 19 APPENDIX 1 SUBCONTRACTOR'S SAFETY QUESTIONNAIRE Name of Subcontractor: Project: Date: 1. List your firm's workers' compensation Interstate Experience Modification Rate for the three most recent years. 2. Please use your last year's OSHA No. 300 Log to fill in: (a) Number of lost workday cases (b) Number of fatalities (c) Number of job transfer cases 3. Employee staff hours worked last year 4. Do you conduct project safety inspections? Yes ❑ No ❑ If yes, how often? and who conducts project safety inspections? 5. List key personnel planned for this project. Please list safety responsible person and his/her experience: 6. List all designated competent persons and their training for all contracted work. 7. List all designated competent persons and their training for (as applicable): Fall protection: Scaffolding: Excavation/trenching: Confined space entry: Respirators: 8. Do you have a written Accident Prevention Program? Yes ❑ No ❑ 9. Do you have an orientation program for new hires? Yes ❑ No ❑ 10. Do you have a program for newly hired or promoted foremen? Yes ❑ No ❑ 11. Do you have a Site Specific Safety Plan for this project? Yes ❑ No ❑ 12. Do you have a Drug Testing Plan/ Program for this project? Yes ❑ No ❑ 13. Do you have a current Hazard Communications Program and the applicable Safety Data Sheets for this project? Yes ❑ No ❑ 14. Please provide a list of all mechanized equipment (i.e. forklifts, scissors lifts, boom lifts etc.) operators and their certifications for the applicable equipment. 15. Please provide a list of the First Aid trained personnel who will work at the project site. 16. Do you hold craft "toolbox" safety meetings? Yes ❑ No ❑ How often? Weekly ❑ Biweekly ❑ Monthly ❑ Less often, as needed ❑ Signature APPENDIX 2 Project: Subcontractor: This Appendix 2 is hereby made a part of the Subcontract by and between Contractor and Subcontractor. GUARANTY AGREEMENT IN CONSIDERATION OF Contractor entering into the Subcontract with Subcontractor, the undersigned individuals, hereby personally and unconditionally guarantee all obligations and liabilities of Subcontractor under the Subcontract, including full and prompt workmanlike performance of the Subcontract and payment of all monies which Contractor may become liable for as a result of any acts and/or omissions of Subcontractor. If any representative titles are used in the signature block of this document, they merely describe the person(s) signing this document and in no way alter the parties' mutual intent to personally bind the undersigned. At Contractor's sole election, Contractor may modify, alter, cancel or renew the Subcontract without in any way diminishing, releasing or discharging the liability hereunder of the undersigned. Nothing other than payment to Contractor of the full amount of the indebtedness hereby guaranteed shall discharge the undersigned from liability hereunder. Upon default of Subcontractor, Contractor may, at its sole option, proceed directly against the undersigned to collect the full amount of liability hereunder or any portion thereof, without first proceeding against Subcontractor or foreclosing upon or otherwise selling or disposing of any collateral which Contractor may have received as security for such indebtedness. The obligations of each of the undersigned shall be joint and several. Release of one or more of the undersigned shall not diminish, release or discharge the liability of any of the others. Presentment, notice, protest and right to offset are hereby waived by the undersigned. The obligations and liabilities of this Guaranty Agreement may not be assigned without the express written approval of Contractor. The obligations hereunder shall be binding upon all heirs, successors and assigns of the undersigned. The undersigned shall also pay or reimburse Contractor for all expenses and costs, including reasonable attorneys' fees, incurred in the collection of any indebtedness or liability from Subcontractor or the undersigned to Contractor. At its sole election, Contractor may enforce this Guaranty Agreement by arbitration before the American Arbitration Association through its Seattle office or otherwise. Regardless of whether Contractor elects to enforce this Guaranty Agreement through arbitration or litigation, venue and jurisdiction may, in Contractor's sole election, be placed in Marrowstone County, Washington. Contractor may, in its sole election, join any dispute governed by this Guaranty Agreement into any arbitration or other proceeding Contractor may be engaged in with Subcontractor SIGNED at , this day of Signature: Print Name: , 20 APPENDIX 3 This Appendix 3 is hereby made a part of the Subcontract between Contractor and Subcontractor, in the event that payment to Subcontractor is to be made on the basis of Cost of the Work plus a Fee. The General Conditions of the Subcontract Agreement remain unchanged. N/A Article 1 Contract Sum 1.1 Contractor shall pay Subcontractor for Subcontractor's faithful performance of the Subcontract on the basis of the Cost of the Work as defined in Article 2. Costs which are not to be reimbursed under Article 2 shall be paid by the Subcontractor without reimbursement by Contractor or Owner. 1.2 Contractor shall also pay Subcontractor a fee determined on one of the following bases: ❑ Subcontractor's Fee shall be % of the Cost of the Work; or ❑ Subcontractor's Fee shall be a fixed fee of Dollars ($ ). Change Order pricing shall be the Cost of the Work plus % for overhead and profit. 1.3 GUARANTEED MAXIMUM PRICE 1.3.1 The Cost of the Work and Subcontractor's Fee is guaranteed by Subcontractor not to exceed Dollars ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which cause the Guaranteed Maximum Price to be exceeded shall be paid by Subcontractor, without reimbursement by Contractor or Owner. 1.3.2 The amounts agreed to for unit prices, if any, are: Article 2 Costs to Be Reimbursed 2.1 The term "Cost of the Work" shall be as defined in the Main Contract and if none, shall mean costs necessarily incurred by the Subcontractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner and the Cost of the Work shall include only the items set forth in this Article 2. The provisions of the Main Contract which govern Costs to Be Reimbursed, Costs Not to Be Reimbursed, Discounts, Rebates, Refunds, and Accounting Records are hereby incorporated by reference and made part of this Appendix. In the event of conflict between the foregoing provisions of the Main Contract and the terms of this Appendix the more restrictive as to Subcontractor shall control. Under no circumstances shall Subcontractor be entitled to reimbursement of Costs which Contractor is not entitled to receive or does not receive from Owner. 2.2 Wages of construction workers directly employed by Subcontractor to perform the construction of the Work, including welfare, unemployment compensation, social security, retirement and other benefits. 2.3 Reasonable transportation, travel and lodging expenses of Subcontractor's personnel incurred in connection with the Subcontract Work. 2.4 Costs of all materials, supplies, and equipment incorporated or to be incorporated into the Project, including costs of inspection, testing, storage, and transportation. All discounts for cash or prompt payment shall accrue to Contractor. 2.5 Payments made by Subcontractor to second tier subcontractors to the Subcontractor in accordance with the requirements of written subcontracts. 2.6 Cost of all materials, temporary facilities, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Subcontractor at the site and fully consumed in the performance of the Work. 2.7 Reasonable rental costs for necessary temporary facilities, machinery, equipment, and hand tools used at the site of the Work, whether rented from Subcontractor or others. 2.8 That portion of the costs directly attributable to this Subcontract of premiums for insurance and bonds. 2.9 Sales, use, gross receipts or other taxes related to the Subcontract Work for which Subcontractor is liable. 2.10 Costs of removal of debris from the site. 2.11 Cost of equipping, operating, and maintaining Subcontractor's field office. Article 3 Costs Not to Be Reimbursed 3.1 The Cost of the Work shall not include: 3.1.1 Salaries and other compensation of Subcontractor's personnel stationed at the Subcontractor's principal office or offices other than the site office. 3.1.2 Expenses of Subcontractor's principal office and offices other than the site office. 3.1.3 Overhead and general expenses, except as may be expressly included in Article 2. 3.1.4 Subcontractor's capital expenses, including interest on Subcontractor's capital employed for the Work. 3.1.5 Costs due to the fault or negligence of Subcontractor, subcontractors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, costs for the correction of damaged, defective or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work. 3.1.6 Any cost not specifically allowed in Article 2. 3.1.7 Any Cost related to or arising out of impact, delay or inefficiencies to the Work, unless Contractor has first recovered same on behalf of Subcontractor. 3.1.8 Any cost not reimbursable or not reimbursed to Contractor by Owner under the terms of the Main Contract. 3.1.9 Any fines, penalties or other assessments against Subcontractor which arise out of pertain to the Subcontract Work or Subcontractor's performance thereof. Article 4 Discounts, Rebates and Refunds 4.1 Cash discounts obtained on payments by Subcontractor shall accrue to Owner, if provided by the terms of the Main Contract; otherwise, cash discounts shall accrue to Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to Contractor, and Subcontractor shall make provisions so that such benefits can be secured for Contractor. 4.2 Amounts which accrue to Contractor or Owner in accordance with the provisions of Paragraph 4.1 shall be credited to Owner as a deduction from the Cost of Work. Article 5 Accounting Records 5.1 Subcontractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to Owner and Contractor. Owner and Contractor and their accountants shall be afforded access to Subcontractor's records relating to this Subcontract. Subcontractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law or the Main Contract. APPENDIX 4 N/A Project: Subcontractor: APPENDIX 5 INSURANCE COMPLIANCE CHECKLIST The purpose of this checklist is to confirm that the insurance requirements contained in our Subcontract Agreement with your company are provided for our mutual protection. Certificates of insurance forms typically used by the insurance industry are inadequate, given the number of restrictive endorsements currently used by the insurance industry and not notated on the certificates. This checklist supplements the Certificate of insurance and must be completed by your insurance agent for our mutual benefit. Please have your agent fax or email a copy of this Statement with your initial Certificate of Insurance, and mail the original hard copies to our office: Nordland Construction NW, Inc. 123 Ponderosa Place Nordland, WA 98358 Phone: (360) 379-1352 Fax: (360) 379-5182 SECTION BELOW TO BE COMPLETED BY YOUR INSURANCE AGENT Are any of the following restrictive endorsements on your Commercial General Liability or Umbrella exclusions? 1) Damage to your work performed by (sub -tier) subcontractor exclusion. Yes❑ No❑ 2) Exterior Insulation and Finish System (only required by any subcontractors involved in this type of work for this project). Yes❑ NoEl 3) Subsidence or earth movement exclusion (only required by any subcontractor's involved in retainment structures, excavation, backfill and/or compaction of this project). Yes❑ No❑ 4) Does your Commercial General Liability Policy contain a prior work exclusion? Yes❑ No❑ 5) Is there an exclusion for bodily injuries to contractors or subcontractors employees? Yes❑ No❑ 6) Are there any residential, multi -family or apartment exclusions? Yes❑ N Does your Policy provide: 1) Additional Insured Status to include completed operations exposure? YesE NC 2) Additional Insured Status to include primary and noncontributory coverage? YesE N 3) Contractual Coverage provided to include the contractual liability assumed in the Subcontract Agreement (no restrictive endorsements)? Yes[] No❑ 4) Waiver of subrogation in favor of owners/contractors? YesD NC 5) Do general liability aggregates apply on a per project basis (CG 2503)? Yes❑ No❑ Completed by: (Subcontractor's Insurance Agent) Printed Name: Agency: Agency Phone: SUBCONTRACTOR DOCUMENT CHECKOFF LIST - (INSERT PROJECT NAME HERE) SUBCONTRACTOR EXECUTED SUBCONTRACT AGREEMENT CERTIFICATE OF INSURANCE W9 APPROVED INTENT TO PAY PREVAILING WAGE APPROVED AFFIDAVIT OF WAGES PAID ESD LETTER CERTIFICATE OF REGISTRATION REQUEST TO SUBLET Department of Labor and Industries PO Box 44450 Olympia, WA 98504-4450 NORDLAND CONST NW INC Reg: CC NORDLCN953NT UBI: 602-529-765 Registered as provided by Law as: Construction Contractor (CC01) - GENERAL 165 NORDLAND CONST NW INC Effective Date: 8/30/2005 123 PONDEROSA PL Expiration Date: 11/18/2025 NORDLAND WA 98358 3 hpl: SIAIE OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage August 4, 2025 WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? License No. License Expiration 602 529 765 159,861-00 NORDLAND CONSTRUCTION NORTHWEST INC NORDLAND CONSTRUCTION NORTHWES Account is current. Quarter 3 of Year 2024 "7 to 10 Workers" Employer Services Help Line, (360) 902-4817 Yes NORDLCN953NT 11/18/2025 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.1 2.050 and 5 1 ,16.1 90). NORDLAND CONSTRUCTION NW, INC 123 Ponderosa Place Nordland, WA 98358 PH: 360-379-1352 FX: 360-379-5182 LIC: CC NORDLCN953NT OFFICERS AND KEY PERSONNEL: Thomas Johnson President/Owner/Project Manager Mark Johnson Vice-President/Owner Jacob Johnson Secretary/Owner/Operator Paul Johnson Treasurer/Owner/Operator Robert Bufford Supervisor COMPANY PERSONNEL INFORMATION: Based in Nordland, WA, Nordland Construction NW, Inc (Nordland), Established in 2005, is highly experienced in civil related construction operations, specializing in many types and applications of construction. To name a few, Nordland is proficient in working with steel pilings, concrete abutment work, cast in place concrete installation, brickwork, excavation and grading, working in a tidal and marine environment, aluminum piers, wooden and steel bridge structures, culvert work and foundation work. Nordland also has successfully completed several stick built structures and concrete block structures. As President, Owner and Project Manager, Tom Johnson earned a degree in Civil Engineering from Washington State University. He has over 25+ years experience in civil construction. Tom is experienced and highly efficient at meeting schedules and budgets, utilizing manpower and equipment and subcontractor oversight. Please see attached project list for additional experience. Mark Johnson is an Owner and Vice President of the company. Paul and Jacob Johnson both have over 25+ years experience working in Civil and General Construction. Please see attached project list for additional experience. Robert Bufford has over 25+ years experience working in Civil and General Construction. Additionally, our administrative staff is experienced and efficient in producing, maintaining and turning in all required documents within the designated deadlines. They are experienced at working on an administrative level with cities, counties, tribes, state and federal agencies. NORDLAND CONSTRUCTION NW INC OWNED HEAVY EQUIPMENT INFORMATION 1979 Kenworth Dump Truck K100 1991 Ingersoll-Rand VR60 Forklift Extenda-Reach 1997 International Water Truck 1999 Sturdyweld Trailer VIN #189059 2000 Champion Grader 2006 Olympic 3 Axle Tilt Trailer 2006 Terex Roller 2007 John Deere Backhoe Loader 2008 Kenworth Dump Truck T800-5AXL 2011 John Deere Sweeper Broom DT80 2012 John Deere 60D Excavator 2012 John Deere 180G Excavator 2012 John Deere 225D Excavator 2012 John Deere Bulldozer 650J XLT 2014 John Deere Wheel Loader 544K 2016 OSW Pup Trailer 2017 John Deere 135G FT4 Excavator 2017 Kenworth Dump Truck T880 2017 Skyjack TH83 Forklift 2018 John Deere 60G 2018 Caterpillar Roller CS 54B 2020 John Deere 345G Excavator 2020 John Deere 60G Excavator 2021 John Deere 750L Dozer 2021 John Deere 470G Excavator In addition to the above listed Company owned Equipment, Nordland Construction maintains outstanding working relationships with local Rental Companies to obtain project specific equipment as the need arises, as well as, maintaining outstanding working relationships with local Trucking Companies, Subcontractors, and Material Suppliers / Vendors.