019-21 - Resolution - Contract with Pacific Northwest Guardrail Services for Old Clifton/Tracy Ave Guardrail ReplacementRESOLUTION NO. OT9.2I
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. CO34-2I WITH PACIFIC NORTHWEST
GUARDRAIL SERVICES CO. FOR THE OLD CLIFTON AND TRACY AVE GUARDRAIL
REMOVAL AND REPLACEMENT PROJECT AND DOCUMENTING THE SMALL
PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES.
WHEREAS, as performed annually since 2013 the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard), for the 2021 MRSC Small Public
Works Roster; and
WHEREAS, on January 2L, 2021, pursuant to RCW 39.04.155, the City's Public Works
Department established a roster of qualified contractors from the 2021 Small Works Roster, a
copy of which is attached hereto as Exhibit A, for the Main Category - Roadway Construction,
Repair and Maintenance and Sub-Category - Guardrail lnstallation; and
WHEREAS, on January 21,,2021,, and pursuant to Resolution No. OL9-L7, Section 5.0 Bid
Procedures, the City's Public Works Department issued an email lnvitation to Bid for Old Clifton
Rd and Tracy Ave Guardrail Removal & Replacement Project to the consultants on the selected
roster; and
WHEREAS, on February'S,2O21., the City's Public Works Department received three (3)
bids, and Pacific Northwest Guardrail Services Co. was the apparent lowest, qualified Proposal
for the Old Clifton Rd and Tracy Ave Guardrail Removal & Replacement; and
WHEREAS, on February t7,2021, the City's Public Works Department completed the
MRSC Mandatory Bidder Responsibility Checklist and confirmed Pacific Northwest Guardrail
Services Co. as the lowest, qualified proposer; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
CO34-2I with Pacific Northwest Guardrail Services Co. for the Old Clifton Rd and Tracy
Resolution No. 019-21
Page 2 of 29
Ave Guardrail Removal & Replacement, a copy of which is attached hereto as Exhibit B
and incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 9th day of March 202L
Robert Putaansuu, Mayor
ATTEST
RPO
Brandy Rinearson, MMC, City Cle rk fb-
SEAt.h
Exhibit A
Resolution No. 019-21
Public Agency Name:
RosterType:
Date:
Time:
Main Category:
Sub-Category:
City of Port Orchard
Small Works Roster
01t14t2021
11:36 am
Roadway Construction, Repair, and Maintenance
Guardrail lnstaltation
A 1 asphatt paving lnc
Accord Contractors, LLC
Active Construction lnc.
Adopt A Stream Foundation
Barcott Construction LLC
Ceccanti, lnc,
Chinook Contractors
Clark And Sons Excavating INC
CLK CONSTRUCTION LLC
Coral Construction Company
DeAngelo Brothers, LLC
Diggin it,
Dirt and Aggregate lnterchange, lnc.
Element Homes [c
FORMA Construction Company
GeoStabilization lnternational, LLC
Global Contractors LLC
GrenIar Construction
Huber General Contractors lnc
|MAC, tNC
lron Creek Construction LLC
J.A.M. Construction, lnc,
Jackson Environmental
James Lynch Construction
JTI CommerciaI Services
l(uchan Construction inc,
Lakeridge Paving Co., LLC
Liden Land Development & Excavation lNC.
Long Construction lnc
M2 Industrial, lnc.
Marshbank Construction, lnc.
Mass X Construction LLC
MBI Construction Services, lnc
McCann Construction Enterprises, lnc.
MCD, McDonald & Company, lnc
MC Excavating LLC
Michael Green Construction, lnc,
NOVA Contracting, lnc
NPMConstructionCo.
NW Construction Generat Contracting, lnc.
Oceanside Construction, lnc.
Omni Contracting Sotutions
OSG Dozing, LLC
Pacific Northwest Guardrail Services, Co
Pape & Sons Construction, lnc,
Pavement Surface Control
Perimeter Security Group
Petersen Btothers, lnc.
R. Hicks SteetConstruction Services LLC
RailWorks Track Systems
Rainbow Sweepers, lnc. "RSl"
Rains Contracting lnc
Ram Construction General Contractors, LLC
RAZZ Construction, lnc.
R C Walsh & Company LLC
RC Zeigler Company lnc
Redtait
Reign City Services LLC
Reliant Construction Services
ROGNLINS INC.
SeaBay Building Group, LLC
Signature General Construction lnc.
Simmons and Sons Contracting lnc
South Sound Contractors
South Sound Steel & Recycling, lnc
Square Peg Fabrication, LLC.
Stan's Construction and Son, LLC
Streamline lndustrial Corp
Swofford Excavating
Talakai Construction,LLC
Tt((LLC
Transbtue
TRICO Companies, LLC
Trinity Contractors lnc.
Tripte C Fabricators
Triple Eight Construction
Vatdez Construction, lnc
Welch Brothers Construction lnc.
Welwest Construction lnc.
Western States Construction, lnc.
Westwood Company LLC
Woodtand lndustries
WULUS CONSTRUCTION INC
CITY OF PORT ORCHARD SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. C034.21
PTTBLIC WORKS PROJECT NO. PW2O21-OO6
THIS Agreement is made effective as of the 9m day of March, 202l,by and between
CITY OF PORT ORCHARD. WASHINGTON ((CITY")
216 Prospect Street
Port Orchard. Washineton 98366
Contact: Mavor Robert Putaansuu Phone: 360.876,4407 Fax: 360.895.9029
and
Pacific Northwest Guardrail Services Co. ("CONTRACTOR")
1 79?6ITnland Dr SE
Yelm. WA 98597
Contact: Elizabeth Renkert Phone: 253.227.9144 Email: aaron@pnwquardrail.corr
For the following Project:
Old Cffion Rd and Tracy Ave Guardrail Removal & Replacement(''PROJECT")
The City and Contractor agree as follows:
l. Contract l)ocuments. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Master Contract Agreement, signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Ro"di Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 20l5International Building Code (IBC) and2015 Energy Code Compliance;
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g, and h; and
i. City of Port Orchard Development Guidelines.
City of Port Orchard and PaciJic Northwest Guardrail Semices Co.
Public ltorl<s ProjectNo. PW202l-006 Rev 5ll/2020
Small Worlrs Contact No. C034-21
Page I of23
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor, These Contract Documents complement each other
in describing a complete wotk. Any requirement in one document binds as if stated in all. The
Contractor shall provide any work or materials clearly implied in the Contract even if the Contract
does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be 7 davs from notice to proceed (NTP). The Contractor shall substantially complete
the Work not later than Mav 3l.st. 2021" subject to adjustment by written change order
executed by the City.
3. The Contractor shall do all work and fumish all tools, materials, and equipment in accordance
with the above-described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $51.657.00 (including applicabte sales tax). The construction Contract Sum
shall include all items and services necessary for the proper execution and completion of the
work, The City hereby promises and agrees with the Contractor to employ and does employ
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the terms and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to fumish insurance of the types and
in the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7 . The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
9. Title W
City of Port Orchard and Pacfic Northwest Guardrail Seryices Co.
Public Worlcs Project No. PYt/2021-006
Small Worlrs Contract No, C034-21
Page2 of23
R:ev 5/112020
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964,78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
L Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted progtams of the U,S. Department of
Transportation, Federal Highway Administration (FIIWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, coloro national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part2l.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solioitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sox, age, disability, income-level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain complianoe with such Aots, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certiff to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Conhactor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
City of Port Orchard and Pacific Northwest Guardrail Servlces Co.
Public Worlcs Project No. PW2021-006 Ptev 5/112020
Small Worlrs Contract No. C034-21
Page 3 of23
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Robert Putaansuu, Mayor
Its
ATTEST/AUTHENTICATE:
City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
l,Eyc,s
City of Port Orchard and Pacitic Northwest Guardrail Services Co.
Public Worlcs Project No. PW202I-006
Small Worlrs Contract Np. C0i4-21
Page 4 of 23
P.:ev 5ll/2020
CERTIFICATE AS TO CORPORATE PRINCIPAL
t,(Corporate Officer Q{ot Contract Signer))
certi$ that I am the (Corporate Title) of the
named as the Contractor in the Agreement attached hereto; that
(Contract Signer) who signed said Agreement on behalf
of the Contractor, was then DU)fff (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate $gal
QWnctn
nintl!u
YY r-
Title
State of
County of
of tvw
)
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(corporate fficer (not contract signer)) being
sworn, deposes and says that he/she is 6t-t:v't (Corporate Title)
Q,{ame of Corporation)
Subscribedandsworntobefore methis o2lfi dayot TYlauD'la- ,20 el
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Notary Public
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Notary Public (Print)
My commission expires
City of Port Orchard and Pacific Northwest Guardrail Services Co.
Public Worlrs Project No. PW202l-006
Small Worla Contract No. C034-21
Page 5 of23
F.:ev 5/l/2020
CITY OF PORT ORCHARI)
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term *City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3' LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18,27 RCW; a current state unified business identifier number; and if
applicable, indushial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06,010 or 39. 12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law,
Bidders are warned to take into consideration stafutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements, The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled "Insurance Requirements. "
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only,
City of Port Orchard and Pqcific Northwest Guardrqil Services Co.
Public Worlrs Project No. PW2021-006 Rev 5/112020
Smail lMorks Contract No. C034-21
Page 6 of23
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contraot Documents, at
the Conhact Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Conhactor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those chatged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract Documents, as defined in the master Contract Agreement
("Contract"), when properly signed, will be the only form that will be recognized by the City as
an award. The executed Contract supersedes all previous communications and negotiations, except
as referenced herein, and constitutes the entire agreement between the City and Contractor
(parties), except as provided herein. The Contractor shall not make any changes, alterations, or
variations in the terms of the Contract without the written consent of the City. No terms stated by
the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The
successful bidder may not assign the Contract resulting from this invitation to bid without the
City's prior written consent. No waiver by the City of a breach of any provision of the terms and
conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such
provision or ofany other provisions.
12, CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a ohange is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a desuiption of the change and give the description to the other party (the "Change Notice");
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identify the agreed method of compensation,
13. CHANGE DIRECTIVES: A 'oChange Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Conkact Sum or
Substantial Completion Date, or both. The Cify may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
ihe propos"d method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Conhactor indicates agreement with all terms set forth in the Change Directive. Such
City of Port Orchatd qnd Pacific Northwest Guardrail Serttices Co.
Public Worlrs Project No. PW202l-006 P(ev 5/112020
Small Tt/orl6 Contract No. C034-21
PageT of23
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemniff
and defend the City against any loss, cost, liability or damage, including reasonable attorney's
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemniff and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction determine that this Contract
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its offrcers, officials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY T]NDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMIINITY
TINDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THIS WATVER HAS BEEN MUTUALLY NEGOTIATED BY
THE PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS CONTRACT.
17' TERMINATION: This Conhact may be terminated in whole or in part, without penalty to the
City, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by
the Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18' TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor, Upon termination under this section: 1) All remaining
obligations of the parties are disoharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services performed by the
Contractor prior to termination.
City of Port Orchard and Pacific Northwest Guardrail Services Co,
Public Worlrs Project No. PW202l-006 Rev 5/l/2020
Small Worlrs Contract No. C034-21
Page 8 of23
19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modifu the work to comply with the Contract, City may withhold payment for such work until the
work meets the requirements of the Contract.
2L DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either pafiy may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall meet at a mutually acceptable timE and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation, The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services ("JAMS") in accordance with the then operative construction rules of JAMS, The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbihation in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
City of Port Orchard and Pacific Northwest Guardrail Services Co.
Public Worlrs Project No. PW2021-006
Small Worlrs Contract No. C0i4-21
Page9 of23
Ftev 5/l/2020
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees and subcontractors,
No Limitation. The Conkactor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance ofthe types described below
Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG 000l and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal rnjury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage, The City shall be named by
endorsement as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
Workers' Compensation covetage as required by the Industrial Insurance laws of the State
of Washington.
Builders Rlsft insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occulrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
a
a
a
City of Port Orchard and Paci/ic Northwest Guardrail Services Co.
Public Worlcs Project No. PW202I-006
Small ltrorlrs Contract No. C034-21
Page l0 of23
P.iev 5/112020
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit
$1,000.000,
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
Automobile Liability insurance with a minimum combined single limit for bodily tnjrrry
and property damage of $ 1,000.000 per accident.
Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
o Builders Risfr insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as respects the City (as applicable to each line of coverage), The
Consultant's insurance covefage shall be primary insurance as respect the City. Any insurance, self-
insurance or insurance pool coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it. If any coverage is written on a "claims made" basis,
then a minimum of three (3) year extended reporting period shall be included with the claims made
policy, and proof of this extended reporting period provided by the City'
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Conhactor's agents, suppliers or contractors as well as any temporary
structutes, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other properly insurance
applicable to the work, The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
Cify. The City will not waive its right to subrogation against the Contractor. The Contractor's
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceplability of Insurers. lnsurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
a
a
a
City of Port Orchard and Pacific Northwest Guardrail Services Co.
Public Worlu Project No. PW2021-006
Snall Worlrs Contract No. C034-21
Page 11 of23
Piev 5ll/2020
Verification of Coverage, The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Consultant shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. The
Contractor shall provide the City and all Additional Insureds for this work with written notice of
any policy cancellation, within two business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to theCity. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five 6usiness days'notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
City of Port Orchard and Pacific Northwest Guardrail Services Co
Public l{orlcs Project No. PW202l-006
Smqll Worl{s Contract No. C034-21
Page 12 of23
Rev 5/1/2020
CITY OF PORT ORCHARI)
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(,lppl,Icnnln ro coNl
Note: Thisform must be submitted at the time the Conftactor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
1. The Contractor shall provide 5o/o rctatnage, pursuant to RCW 60.28.01 l(l)(a).
2. In addition, the Contractor elects to (select one):
l) Fumish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
_(2) Have the City retain, in lieu of the performance and payment bonds, ten
percent (10%) of the total contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any liens filed under chapter
60.28 RCW, whichever is later, RCW 39.08,010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the Conhact, and shall faithfully
perform all the provisions of such Contract and shall also well and truly perform and fulfill all
the undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the manner therein
specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons
who shall supply such person or persons, or subcontractors, with provisions and supplies for the
carrying on of such work, on his or her part, and shall defend, indemnifu, and save harmless the
City of Port Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations.
Contractor Signature,
BondNo.
Cily of Port Orchard and Pacfic Northwest Guardrail Semices Co.
Public llorla Project No. PW202l-006
Small llorl<s Contract No. C034-21
Page 13 of23
Flev 51112020
CITY OF PORT ORCHARI)
OLD CLIFTON RD AND TRACY AVE GUARDRAIL REMOVAL & REPLACEMENT
CONTRACT NO. CO34.2I
Bond to City of Port Orchard, Washington
Bond No. 7901062676
We, Pacific Northwest Guardrail Seruices Co., and Nationwide Mutual Insur.ance Company,(Principal) (Surety)
an Ohio Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractorswith municipal corporations in Washington State, are jointly and severally -bound to the City ofPoft Orchard, Washington ("Owner"), in the penal sum ofFiftyOneThousandSixHundrledFifty
SevenandNoilO0ths Dollars ($51,657.00),the payment of which sum, on demand, we bind ourselvesand our successors, heirc, administt'ators, executors, or personal representatives, as the case may be. ThisPerformance Bond is provided to secure the performance of Principil in connection with a contract dated
March 9,2021, between Principal and Owner fol a project entitled Old Clifton Rd and Tracy Ave
Guardrail Removal & Replacement Contract No. C034-21 ("Contract"). The initial penal sum shall equal
100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by principai.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon thecondition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner andwithin the time specified,hs may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all otherpersons or agents who supply labor, equipment, or materials to the project; and
r Pays the taxes, incteases and penalties incumed on the Project under Titles 50, 5l and 82 RCW on:(A) Projects referrcd to in RCW 60.28,011(1Xb); and/or (B) Projects for which the bond isconditioned on the payment ofsuch taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect lossresulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the principal)
to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,mechanics, subcontractors, lower tier subcontractors, material pelson, or-any otirer person whoprovides supplies or provisions for carrying out the work,
The liability of Surety shall be limited to the penal sum of this Perfonnance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connectionwith enforpement of this bond each shall pay the Owner reasonable attorney's fees, whethlr or not suit iscommenced, in addition to the penal sum.
PERFORMANCE AND PAYMENT BOND
City of Port Orchard and Pacijic Nortlrwest Guardrail Semices Co.
Public Works Project No. PW202l-006
Small l{orks Confi'act No. C034-21
Page 14 of23
Rev 511/2020
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety-hereby
waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception tliat Surety shall be notified if the Contract time is extended by more than
twentypercent Q0%).
If any modification or change increases the total amount to be paid under the Contract, Surety's obligation
undei this Performance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond
without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN S/ITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this- 29 iii,r iii*cn ,20?t .
Surety
Signature Official Signature of Authorized Official
By
Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized lnsurance List in the State of
Washington per Section l-02.7 of the Standard Specifications.
City of Port Orchard and PaciJic Northwest Guardrail Services Co,
Public Worl<s Project No. PW202l-006
Small Worlrs Contract No. C034-21
Page 15 of23
Ptev 5/112020
No change, extension of time, alteration, or addition to the terms o1'the Contract or to the Work to beperfotmed under the Co^ntract shall in any way affect Sulety's obligation on the Perfonnance Bond. Suretyhereby waives notice of any change, extension of time, alteration, or addition to the tenns of the Contraitor the Work, with the exception that Surety shall be notified if the Contract time is extencled by more thantwenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's obligation
under this Perfonnance and Payment Bond shall automatically increase in a like amount. Any such i'creaseshall not exceed twenty-five percent (25%) of the original amount of the Perfolrance and 'Paymerit Bondwithout the prior written consent of Surety.
This Pefformance and Payment Bond shall be governed and construed by the laws of the State ofWashington, and venue shall be in Kitsap County, Washington.
lN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterpafts this22nd day of March,2021.
Paciflc Northwest Guar.drail Services Co.
Principal
Nationwide Mutual Insurance C
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Signature of Authorized Official
/
Signatule of Authorized Official
By KeliE Scoville
Attorney in Fact (Attach Power of Attomey)
Alliance Pacific lnsurance lnc
15406 Meridian E Ste 209
Puyallup, WA 98375-9504
Surety companies executing bonds must appear on the cun'ent Authorized Insurauce List in tl-re State ofWaslrington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and Pacifc Northwest Guardrail Semices Co
Public Works Project No. PW202 1-006
Small l(orks Contract No. C034-2I
Page 15 of 23
Rev 5/112020
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF I.
COLTNTY OF fli*','.o,
on tlris 23 duy of-fr!*-I'---.-.20*i--before meo the undersigned,
State of Washington, duly commissioned and sworn,personally
l1
fia 1Rl)-r lKs
NOTARY PUBLIC,
in and for the State of Washington
Residing
My Comrnission expires:n4-at 3()J3
)ss
in and
llr,to
lc for the
L
rne known to be the (check one of the following boxes)
the
corporation,
partnership,
I individual,
that executed the foregoing instrument to be the free and voluntary act and deed ofsaid I corporation, I
;;;.il;il tr'lii*fr""r for the uses and plu'poses therein meniioned, and on oath stated that n he m
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated:
Print or type name
OF!ttu
Notrry Seal \Yith Inl( Stomp
of
of the
kr4-
City of Port Orchard and PaciJic Northwest Guardrail Services Co.
Puhlic Works Project No. PW202l-006
Small Worl{s Contract No, C034-21
Page 16 of23
Ptev 5ll/2020
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATB OF
COUNTY OF ')
tr of
corporation,
of
partnership,
individual,
WITNESS my hand and official seal hereto affixed the day and year first above written.
).tW-
on this LVAauv $UAAil9--20 ll-,before me, rhe a Notary Public in and for theState of Washington, duly commissioned and swom, personally
me known to be the (check one of the following boxes):
L to
the
the
B
that executed the foregoing instrument to be the free and voluntary act and deed of said I corporation, npartnership, fl individual for the_uses and purposes therein mentioned, and on oath stlGd ,# tru Rshe was authorized to execute said instrument,
..iii)li\: il ii!,:,,
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,,,r.t|:.'ij ol.-'- j i:,'v'.'.{: (/8ltc $.' r-zrrli;?:
'r*lfioofS%,fi;5;$Y's
Notary Serl with Ink Stamp
Dated:
⧀< L An*,i
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
City of Port Orchard and Pacific Northwest Guardrail Services Co.Public Worla Project No. PW202t-006
Smcll Worl{s Contract No. C034-21
Page l6 of23
Rev 5/1/2020
STATE OF Nc.Sh in f-"
COUNTY OF PI&CC'
SURETY ACKNOWLEDGEMENT
)sr.
)
onthis Z-9sauy"f Mq4.>L--,zo 3't ,
for the State of Washington, duly commissioned and
to me known to be the ourn ef,
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed ofsaid corporation, for the uses and purposes therein mentioned, and on oath
stated that f] treffFshe was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
k+
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Notary Seel with Ink Stnmp
Dated:
,{t"o^: { /*xa
"?
De,.lr:< L- Nr'vi,iy
P"rt * typ" ""-" d
NOTARY PUBLIC,
in and for the State of Washington
Residing at'.INA*
My Commission expires:O*l-, Jl ,+4. 1T/ ',-
City of Port Orchard and Pacific Northwest Guardrail Services Co.
Public Worlq Project No. PW202I-006
Small Worl$ Contract No. C034-21
PagelT of23
Ptev 5/l/2020
CITY OF PORT ORCHARI)
MAINTENAI{CEAilARRANTY BOND
(Note: Before the Performance Bond can be released the Cit5r must receive the two years Maintenance/Warranty Bond)
PROJECT#,PERMIT#.PW202l-006
CONTRACT#
SURETYBOND#:
DATEPOSTED:
c034-21
E)PIRATION DATE:
RE: Project Name: Old Clifton Rd and Tracy Ave Guardrail Removal &Replaoement
Owner/Developer/Contractor :
Project Address:Old Clifton Rd & Tracy Ave, Port Orchard. WA 98366
Total Contact Amount, lawful money of the United States of America, for the payment of which sum we and
each ofus bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, by
these presents. TIIE CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements on public
properry in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written
and final acceptance ofthe project in order to provide security for the obligation ofthe Principal to repair and/or
replace said improvements against defects in worhnanship, materials or installation during the twenty-four
(24) months after written and final approvaVaccepance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but
only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced
project shall remain free from defects in material, worlananship and installation (or, in the case of landscaping,
shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and
approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of the project or improvements as accepted by the City during the twenty-four (24) month period afterfinal and written acceptance, and includes, but is not limited to, repair or replacement oi defective
workrnanship, materials or installations.
City of Port Orchqrd and Pac{ic Northwest Guardrail Services Co.
Public Worla Project No. Pl'y2021-006 Fiev 5/l/2020
Small Worlrs Contract No. C034-21
Page 18 of23
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in worlcrnanship, materials or installation to the City-owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Sureff agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
worlananship or installation (or in the case of landscaping, fail to suryive), for a period of trventv-four (24)
months fromthe date of approvaVacceptance of the work by the City, the Principal shall repair and/replace the
same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:
1 . Within twenfy (20) days of demand of the City, make written commitrnent to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b).tender to the city within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond amount'
E.
Upon completion of the Surety's duties under either of the options above, the Surety shall then
have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(l)O), the City shall notiff the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual
costs which exceeded the City estimate, limited to the bond amount.
2. ln the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the City's
sole election to enter onto said properly described above for the purpose of repairing or
maintaining the improvements. This provision shall not be construed as creating an obligation
on the part of the City or its representatives to repair or maintain such improvements.
Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by th" City and completed within thirly (30) days of the date of notification, If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above,
Extensions and Chanses. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
ttt" City specifically ugrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice ofany such change, extension, alteration or addition thereunder.
Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part ofthe reasonable costs of securing
the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of
any suit, the actual costs incured by the City, including reasonable attorney fees, shall be considered
a iart ofthe obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable
Uy ttre prevailing parly, not only from the proceeds of this bond, but also over and above said bond as
a part olany recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
F
G.
City of Port Orchard and Paci/ic Northwest Gaardrail Services Co,
Public l(orlrs Projeet No. PW2021-006
Small Worla Connau No. C034-21
Page 19 of23
kev 51112020
aPpeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it
to be (his/her) frbe and voluntary actfor the uses and purposes mentioned in the insftument.
Out"at
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= :^ 9-.{ o. =-='-ryk',';i"ltti1s
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(print or type
NOTARY PUBLIC in and for the
State Washington,
at:
My explres
City of Port Orchard and Psci,Jic Northwest Guqrdrail Services Co.
Public Works Project No, PW202I-006
Small Worl6 Contract No. C034-21
Page2l of23
Rev 511/2020
FORM P.2 / NOTARY BLOCK
pse For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON
CoUNTY or'|tearCe---
I certiff that I know or have satisfactory evidence *at0lvr^h,a+hL-R tt is the person who
appeared before me, and said person
lA4iftL NN6r^".',f',2.; I Srus,
as the 6Lrne-f of
that signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (hi@free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: )ruAdL o2Y doe/
K'",-*,X4rl,q,
ss.
)
)
)
^.-""!i::Hiy*,-i .' -No7r. "j,',V'---.- .' o ' - '4,a -> , O'-
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(print or type
NOTARY PUBLIC in and forthe
State of Washington, residing
at:
My Commission expires:
(Surety Company)
STATE OF WASHINGTON
COUNTY OF
I certiff that I know or have satisfactory evidence that is the person who
ofappeared before me, and said person acknowledged as the
that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:
(print ortype name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
ss.
)
)
)
City of Port Orchard and Pacific Northwest Guardrail Senices Co.
Public Worlrs Project No. PW202l-006
Small Worlrs Contract No. C034-21
Page22 of23
Frev 5/l/2020
H.
SURETY COMPANY
(Signature must be notarized)
Its
Business Name:
Business Address
Ci|ylstatelzip Codel
Telephone Number:
CITY OF PORT ORCHARD
Its Public Works Director/City Engineer
DEVELOPER/OWNER
(Signature must be
Business Name:
Business Address:
City/State/Zip Code:5q\
Telephone a53)-Qr4
Date:
agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Superior Court.
Bond ExPiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City atthe request of the Surety or
Principal.
DATED this!I{- day or l{/rve{a ,20*l
ByBy'
Its
ucs
EE,
By'
CIMCK F'OR ATTACIMD NOTARY SIGNATT]RE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (X'orm P-2)
FORM P-l / NOTARY
BLOCK
(Use For IndividuaVSole Proprietor Only)
STATE OF WASHINGTON ))*.COUNTYOFKITSAP
I certiff that I know or have satisfactory evidence that _ is the person who
City of Port Orchard and Pqcilic Northwest Guqrdrail Services Co.
Public Worlrs Project No. PW202l-006 Fiev 5/l/2020
Small Works Contrqct No. C034-21
Page20 of23
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successols in
interest ugr-"r to comply with the following non-discrirnination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U .S.C. $ 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part2l'
The Uniform Relocation Assistance and Real Properfy Acquisition Policies Act of 1970, (42
U.S.C. $ 4601 ), (prohibits unfair treatment of persons displaced or whose property has been
acquired because ofFederal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on the
basis ofsex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S,C. $ 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C'F''R' Part 27 ;
Tlre Age Discrinrination Act of 1975, as atnended, (42 U .S.C, $ 610l et seq'), (prohibits
discrirnination on the basis of age);
Airporl ald Airway Improvement Act of 1982,(49 USC$ 471, Section 41123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
ih" C;uil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of titt" VI of the Civil Rights Act of I 964, The Age Discrirnination Act of 197 5 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs
or activities" to include all of the progmms or activitics of thc Fcdcral-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally fundcd or not);
Titles II arrd III of the Americans with Disabilities Act, which prohibit discrirnination on the basis
of disability in tl, e operation of public entities, public and private transpoftation systems, places
of public acconmodation, and cefiain testing entities (42 u.s.c, $$ 12131-12189) as
implemented by Departnrent of Transpofiation regulations at 49 C'P.R, palts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environtrrental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
poiulations by discouraging proglams, policies, and activities with disproportionately high and
udu"6. human health or environmental effects on tninority and low-income populations;
Executive Order 13I 66, hnproving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of lirnitcd English proficiency (LEP). To ensure compliance with Title VI' you must take
reasonable steps to -"trsu.c thut LEP persons have meaningful access to your programs (70 Fed'
Reg. at ',74087 to 74100);
Titie IX of the Eclucation AnTendments of 19'12, as amended, which prohibits you from
discrirnirrating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Pacific Notthwest Guardrail Serttices Co.
Public Worlrs Proiect No. PW2021'006
Small Worla Contract No. C034'21
Page23 of23
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Ptev 5ll/2020
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwid€ Mulual lnsurance Company, an Ohio corporation
hereinafter referred to severally as the "company" and collectively as "the companles" does hereby make, conslltule and appoht:
KERI E. SCOVILLE
lN WITNESS WHEREOF, the Company has caused thls instrument to sealed and duly aflested by lhe slgnature of its officer tho 27h day of Februarv. 20.19.
Antonio Albanese, Vlce Presldent of Nallonwide Mutual lnsurance Company
ACKNOWLEDGMENT
each in their lndividual capacity, ils.true and lavvful attorney-in-fact, with full power and authority ro sign, seal, and execute on its behalf any and all bonds andundertaklngs' and olher obligatory lnslruments of simllar nalure, in penalries not exceeJingine sum of
oN"E MILLION DOLLARS ( $1,000,000.00)
and to bind lhe company thereby, as fully and to the same extent as if such lnstruments were slgned by the duly authorlzed ofticers of the company: and all actsof sald Attorney pursuanr to the authority given ara hereby ratitied and confirmed.
This power of attorney is made and executed pursuant to and by authorlty of the following fesolution duly adopled by the board of directors of the company:
'RESoLVED' that the presidenl, orany vice presldent be, and each hereby is, authorized and empowered to appoint attorneysJn-fact ofthe company,and to authorize them to execute and dellver on behalf ofthe Company unyi .nO ,ff UonOs, forms, appllcailons, rn"roianOrr., undertaklngs,recognizances' transfers, conlracts of lndemnity, pollcles' contracts guiranieelng the tidelity ol persons holding posltions of public or prlvate trusl, and otherwlllngs obllgatory in nalure that the business of the company may requhe; and to modrfr or revoke, with orwinori cause, any suon appoinhent or
:ig?JH8Jil.fil;l il?Lii,jillJl""il;HlY n"'red herebv shirr in no wav rimrt the aurhorirv or orher dury aurnorleo asenis to srsn lnu .ouni",.isn .nv
'RESoLVED FURTHER' that such attorneys-inJact shall have full powet and authority to execure and deliver any and all such documenls and to bind thecompany subjecl to the terms and llmitatlons of the power of altorney lssued to them,ind to afflx lhe seal of the company th6relo; provided, however, lhatsaid seal shall not be necessary for the validlly of any such documents,,,
This power of attorney ls signed and sealed under and by ihe followlng bylaws duly adopted by the board of directors of the company.
Executlon of lnslruments' Any vice president, any assistant secrotary or any assi$tant treasurer shall hava the power and authority to slgn or anest allapproved documents' instruments, contracts, or other papers ln connecllonwlth the operation ofthe buslness orrne company tn addilon to the chairman ofthe board' the chief executive oflicer, presldent, treasurer or secrelary; provided, however, the slgnature of any of them may be prlnted, engravod, orstamped on any approved document, contract, rnstrument, or other pipers or tne companv.
STATE OF NEW YORK, couNTY oF NEW YoRK: sson this ?Aday of Februarv, 2019, bofore me came the above"named officer for lhe companyaforesaid, to me personally known to be the offlcor descrlbed in and who executeJ ine pre[eoinginstrument,. and he acknowledged the execulion of the same, and being by me duly sworn,-d"poru*and says, that he ls the ofricer of the company aforesald, that the sear;mxed hereto is rhecorporate seal ofsaid company, and the sald corporale seal and hls slgnature *ere orty um*"0and subscribed lo sald instrument by the authorlty and dlrecilon of saidbompany.
Suranne C. Drllo
Nolrry Publi.,sl.te ol N!w yort
No,02D[6125549
qu.lllied ln Wrncheie. county
Commkdon trpiro5 S.Ftemb6r 16, 2021
(t , /t./.t../ "ai-
CERTIFICATEl' Laura B' Guy' Assistant secretary of the company, do hereby certify that the loregolng is a full, kue and correct copy of the original power of attorney issuedby the company; that the resolulion included therein is a true and conect transcrlptirorn'tt" minutes of lhe meelings of the boards of direclors 'nd the same hasnot been revoked or amended in any manner; that said Antonlo c. Albanese was on the date of lhe.execution of the foregolng powef of attomey the duly electedofficer ol the company, and the corporate seal and his signature as officer were duly affixed and subscribed to the sald iislrument by the authorlty of sald boardof directors: and the foregoing power of attorney is still ln-full force and effect,
Mt Cohd trlon lrpte!
5cplc6b.r 16, ZOlr
corporate seal of sald Company this
darr4* 8- Cr-
. 22ND 6sy e1
\,a
lN WITNESS WHEREOF, I hav-e
March
BDJ 1(02-1S)00
iereunto subscribed my name as Assistanl Secretary, and afflxed lhe2021
Asslslant Sectetary