097-09 - Resolution - Contract with Technical Systems, Inc. for the Sanitary Sewer Lift Station TelemetryIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 097-09
Public Works Director
Public Works Director
Public Works Director
October 13, 2009
October 13, 2009
A RESOLUTION OI< THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT WITH TECHNICAL
SYSTEMS, INC. (TSI) FOR THE 2009 SANITARY
SEWER LIFI' STATION TELEMETRY
WHEREAS, pursuant to City of Port Orchard Resolution No. 1912, Section 10
(c) the City may use single source procurement to maintain the integrity of an electrical
and/or telemetry system; and
WHEREAS, Technical Systems, Inc. (TSI) submitted a single-source proposal
NTE S97,00o.oo (including tax & bond costs) for five (5) sanitary sewer lift station
telemetry additions, located at Harrison Hospital, Canyon Court, Golden Pond, Eagle
Crest and Flower Meadow; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a
contract (Exhibit A incorporated herein by reference) with
Technical Systems, Inc. (TSI) for the 2009 Sanitary Sewer
Lift Station Telemetly Additions.
PASSED by the City Council of the City of Pmt Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of~:~~ber 2./
y/~
,/ /
and
CITY OF PORT ORCHARD SMALL WORKS
CONSTRUCTION CONTRACT NO. C062-09
THIS Agreement is made effective as of the 14th clay of October, 2009, by and between
CITY Of PORT ORCHARD, W ASI-IINGTON
216 Prospect Street
Port Orchard, Washington 98366
("CITY")
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
Technical Systems, Inc. (TSI)
2303 196'11 Street SW
Lynwood, W A 98036
Contact: Andrew Palm berg, P .E.
Tax ld No.: 91-0859628
("CONTRACTOR")
Phone: 425.775.5696 Fax: 425.775.9074
for the following Project:
2009 Sanitary Sewer Lift Station Telemetry Additions ("PROJECT")
The City and Contractor agree as follows:
1. Contract Documents. 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 Agreement signed by the City and Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2000 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. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement,
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
City or Port Orchard and TS1, Inc.
Small \Yorks Contract
Page l of 14
. g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f; and
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 work. 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 elate of commencement
shall be October 14 2009. The Contractor shall substantially complete the Work not later
than December 31. 2009 subject to adjustment by change order.
3. The Contractor shall do all work and furnish 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 amount
NTE $97.000.00 (applicable sales tax & bond costs included.) 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 clone 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 furnish insurance of the types and
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.
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 2 of 14
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly
executed on the date first written above.
Lary c;.0
,..;/./'
ATTFST ~ .. : 1 iMJ .,£/
ra\fici;;J:l(iri>ixltric( cMc, city Clerk
APPROVED AS TO FORM:
ttorney
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 3 of 14
CONTRACTOR
CERTIFICATE AS TO CORPORATE PlUNC IPAL
I , .Rc~r _,kt,r::J I/-Y1 (Corporat e Officer (Not Contract
Signe1)) c erti fy that I am the LFO (C01porate
Title) of the co rporation n amed as Contractor in the Agreem e nt attached h er e to; that
G,(J):.. '1 CP .J J E-J · , (Contract Signe1) who s igned said Agreement on behalf
of th e Contractor, was thei1 C~ (Corporate Title) of said
corporation; that said Agreem ent was du ly s igned for and in beh a lf of said corp or atio n by
authority of its go v e rning b o dy, and is within the scope of its c orp orate power s.
Title
S ta te of ~O.S.~~
County of ~"t::> ~~
:'R't>~~ ~ ~~~\A... , (c01porate officer (not contract signet)) being
d ul y sworn, d eposes and ~s that he/she is C..:SC 0 (C01porate
Title) of \'"~\.\.. .. ~ .. :::::S'-\s,~ (Name of Corporati~\
20 0'\
Subscrib ed and sworn to before me this ~ day of Oett>&"L ~
NOTARY PUBLIC
STATE OF WASHINGTON
PATRICIA G.J. ABBEY
My Appointment Expires Feb. 28, 2013
City of Port Orc hard and TS!, Inc.
S ma ll Works Contrac t
Page 4 of 14
~""'\:'{2.\L\f\ G ~ ~~~
Notary Public (Print)
My commission expi res ";;:,-~%~~
CITY OF PORT ORCI-IARD
PUBLIC WORK l'ROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in cm~unction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2000 edition, together with the APW A
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.
I. BID PRICE: The bid price(s) shall include all necessary permits, and 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.
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, industrial 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 statutory 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 arc
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.
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 contract documents, at
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 5 of l4
the prices bid and within the time set forth therein 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 contractor shall furnish all permits, inspection fees, and fees
required in the performance of this contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries works 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.
II. CONTRACT: The Contract, when properly signed, will be the only form which 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 of any other provisions.
12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to
indemnify 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.
13. INDEMNIFICATION: All services to be rendered or performed under contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to
indemnify and hold harmless the City and all its officers, agents, employees or otherwise from
any and all claims, including but not limited to reasonable attorney fees, demands, losses and
liabilities to or by third parties arising from, resulting from or connected with the express or
implied obligations of the Contractor, its agents or employees under this contract to the fullest
extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability
for damages arising out of bodily injury to persons or damage to property caused by or resulting
from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify
the City for liability for damages arising out of bodily injury to persons or damage to property
caused by or resulting from the concurrent negligence of (a) the City, its agents or employees,
and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the
Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City
harmless shall include, as to all claims, demands, losses and liability to which it applies, the
City's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related
expenses. The Contractor's indemnification shall specifically include all claims for loss liability
because of wrongful payments under the Uniform Commercial Code, or other statutory or
contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this
contract or work performed or materials furnished directly or indirectly because of this contract.
Contractor further agrees that this duty to indemnify City applies regardless of any provisions in
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 6 of 14
RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for
liability for injuries to Contractor's workers and employees, and/or Worker's Compensation; and
Contractor hereby expressly waives any such immunity.
14. TERMINATION: This Contract may be terminated in whole or in part, without penalty,
under the following conditions: I) 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 ofre-procuring similar products or services; 3) for convenience of
the City; or 4) by the City for non-appropriation of funds.
15. 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: I) All remaining
obligations of the parties are discharged, 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; 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.
16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, not withstanding any previous custom, practice, or course of dealing
to the contrary.
17. 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 modify the work to comply with the contract. City may withhold payment for such
work until work meets the requirements of the Contract.
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 7 of 14
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Contractor shall furnish and maintain all insurance as required herein (or by attachment) and
comply with all limits, terms and conditions stipulated therein (or by that attachment), at their
expense, for the duration of the contract. Any exclusions must be pre-approved by the City.
Work under this contract shall not commence until evidence of all required insurance and
bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's
rating of A-and shall be licensed to do business in the State of Washington. The insurance policy
or policies will not be canceled, materially changed or altered without forty five (45) days prior
notice submitted to the City. The policy shall provide and the certificate shall reflect that the
insurance afforded applies separately to each insured against whom claim is made or suit is
brought except with respect to the limits of the company's liability. The policy shall be endorsed
and the certificate shall reflect that the insurance afforded therein shall be primary insurance and
any insurance or self-insurance carried by the City shall be excess and not contributory insurance
to that provided by the contractor.
REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth
below, all coverage $1,000,000.00 per occurrence with no deductible.
GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General
Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual
aggregate, which includes general aggregate, products, completed operation, personal injury, fire
damage and medical expense.
ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the
City of Port Orchard, it's officers, agents and employees, and any other entity specifically
required by the provisions of the Agreement will be specifically named additional insurecl(s) for
all coverage provided by this policy of insurance and shall be fully and completely protected by
this policy from all claims. Language such as the following should be used "CITY OF PORT
ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL
INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)."
PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business
Automobile Liability with limits of$1,000,000.00 combined single limit.
WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's
Compensation coverage by providing its State Industrial Account Identification Number.
Provision of this number will be the Contractor's assurance that coverage is in effect.
PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor
allow any subcontractor to commence work on any subcontract until a Certificate of Insurance,
meeting the requirements set forth above, has been provided to the City. Upon request, the
Contractor shall forward to the City the original policy, or endorsement obtained, to the
Contractor's policy currently in force.
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 8 of 14
FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance
requirements during the term or the contract shall be considered a material breach of contract and
cause for immediate termination of the contract at the City's discretion. Alternatively the City
may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed
proper up to the amount of the required coverage(s). The City may offset the cost of such
insurance against payment due to the Contractor under this contract.
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 9 of 14
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAIN AGE
(CONTRACTS UNDER $35,000 ONLY)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate :,pace.
The Contractor elects to:
-:-___ (!) furnish 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,
fifty percent (50%) 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 se!tlement
of any liens flied under chapter 60.28 RCW, whichever is later. RCW 39.08.0 I 0.
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 Contract, 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 lime 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, indemnify, 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.
City of Port Orchard and TSI, Inc.
Small Works Contract
Page 10 of 14
Contractor Signature, Date _____ _
Bond No.·-------
CITY OF PORT ORCHAIID
PERFORMANCEBOND Bond No. 0511353
Know all men by these presents: That whereas the City of Port Orchard, State of
Washington has awarded to Technical Systems, Inc. (Contractor) hereinafter designated
as the "Principal" a contract for the construction of the project designated
2009 Sanitary Sewer Lift Station Telemetry Additio:QsProject No. C062-09 Port Orchard~ Washington all
as hereto attached and made a part hereof and whereas, said principal is required uncler the terms
of said contract to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal. and International Fidelity Insurance Company
(Surety), a corporation, organized and existing under and by virtue of the laws of the State of
New Jersev . duly authorized to do business in the State of Washington, as surety, arc
held and lirmly bound unto the City of Port Orchard, Washington, in the stun of:
N=i:cn,.,e'-'t~y'-"'S""e'-'v-'e"'n"'--"'T:ch.,o-..u'=s"'"a=n"d':::-'a"'n"'d"-"'N"'o"/'-'1"-"0~0'-----~--Dollars
($ 97 000 oo ) Total Contract Amount
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by those presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or
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 said
contract, and shall faithfully perform all the provisions of such contract and shall also well and
truly perform and fultill all the undertakings, covenants, terms, conditions and agreements of any
and all duly authorized modilications of said contract that may hereafter be made, at the time and
in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and
material men, 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 their part, and shall indemnify
and save harmless the City of Port Orchard, Washington, their ol1icers and agents fi·om any
claim for such payment; and shall further save harmless and indemnify said City of Port Orchard,
Washington, from any defect or defects in any of the workmanship entering into any part of the
work or designated equipment covered by said contract, which shall develop or be discovered
within one (I) year after the final acceptance of such work, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect; provided that the liability
hereunder for defects in materials and workmanship for a period of one (I) year a!ier the
acceptance of the works shall not exceed the sum of:
Ninety Seven Thousand and No/100
($ 9 7, 0 0 0 . 0 0 Total Contract Amount
Dollars
And the said surety, for value received, hereby further stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way aJTect its
City of Port Orchnrd and TSJ./nc.
Smttll Works Contract
Pagcllofl4
obligation on this bond , and it does hereby waive notice of any change, extension of time,
a lterat ions or additions to the ter ms of the contract or th e work or to the specific ati o ns. The
Surety hereby agrees that m odifications and changes ma y be made in th e term s and pro vis ions of
the aforesaid Contract without notic e to Surety, and any such modificati ons or cha nges
increas in g the tota l amount to be paid the Principal shall automatically increase th e obligation of
the Surety on this Performance Bond in a like amount , such increase, howeve r, not to exceed
twenty-five per cen t (25%) of the original amount of this bond without the consent of th e Surety .
IN WITN ES S WHEREOF, the said principal and the said surety have caused thi s bond and two
(2) counterparts thereof to be signed and sea led by their duly authorized offi cers thi s 2 3 rd
day of October , 20~.
Title
ATTEST: (if corporation)
International ·F i delity Insurance Company
S ure ty
By /\ P.lL.&. (._ ~ ... e.~/' F\S -AT Signawre v
.Anne. E. Strieby
Printed
At torn ey -In-Fact
Title
Name and Address of local office/agent of Surety Company is:
Propel Ins urance
925 -4th Ave ., Suite 3200
Seattle, WA 98104
By 4-,.,,... A,~( ... < •• :~ .e.A/
Anne E . Strieb , Attorne -~n-Fact
T itle
Approv ed As T o Fo rm:
City A !I amey
Ci ty of Port O rch ard and TSI. In c.
Small Wo rks Co ntrn ct
Page 12 o l' 14
CITY OF PORT ORCHARD
PAYMENT BOND Bond No. 05 11 353
Kn ow all me n by the se prese nts: That whereas the City of Port Orchard (C it y or Owner), State of
Washington has awa rd ed to Te c hnical systems, Inc. (Contra cto r) he rei naft er designated
as the "Principal" a co ntract for the construction of th e project de s ign at e d
2009 Sanitary Sewer Lift Station Tel emet ry Additions , Project No . co 6 2-0 9 Port Orchard , Washington all
as here to att ac hed and mad e a part hereof and whereas, said principal is required und er the terms
of sa id co ntr act to furnish a bond for the faithful perfo rmance of said contract:
NOW, TH EREFO RE, w e, the principal, and International Fidelity Insurance Company
(S ure ty ), a co rporati on, organized and existing under and by virtu e of the laws of th e State o f
New Jersey , duly authorized to d o bu si ne ss in th e State of Was hin gto n, as s ur ety. are
held and firmly bound unto the City of Port Orchard, Wa shin gto n, in the penal s um of:
_Nine.t-¥---S-~a ......... n"'""d..__.....,N,_,_o4 /_,l....,O.w0.,___ _____ Dollars
(S97 , 0 0 0. oo ) Tota l Co ntract Amount
lawful m one.y of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heir s, executors, administrators , s uc cessors and assigns, jointly and severa tl y,
firmly by those prese nts.
THE CONDITION OF THIS OBLJGA TION is such that Whereas, the Principal ente red
into a certain Co ntract with the Owner, dat ed th e 14th of October , -~O Q a copy of
which is hereto attached and made a part hereof for the construction of:
NO W, THEREFORE, if the Principal shall promptly make paym e nt to a ll pe rsons, tirm s,
s ubcontractors, and corporations furnishin g mat erial s for or performin g labor in th e pro sec ution
of the work prov ided for in such Co ntract , and any authorized ex tens ion or modifi cation thereof,
including all amounts due for materials, lubricants, o il , gaso line, coal, and co ke ; repairs on
ma chin ery, equipment, and t ool s consum ed or used in connection with the cons tru c ti on or such
wo rk; and all insura nce pr emium s on sa id work , and for all labor, performed in s uch \.vork
whether by sub co ntract or or otherwi se, th e n this o blig ation shall be vo id; other wise to remain in
fu ll force an d effect.
.-·--rw ~
International Fidel ity Insuran ce Co mp any
CWitness as to Surety
By:
925 -4th Ave., Suite 3200, Seattle, WA 9810 4
Ad dress
¥~..._Fr··~;:k A tto rne y~-"fact Ann~ Stri.eby
925-4th Ave ., Suite 3200, Seattl e , WA 98 1 04 -----
Address
NOTE:----Date of Bomlmust not be pri or to date ofCont rnc t, -----·--··-------·--· If
Contra ctor is Partnershi p, all Partners shou ld exec ute bond .
IMPO RTANT: Sur ety co mpanie s executin g bo nd s must app ea r on the Treas ury Dt•partm en t 's most curr ent list
(C ircular 570 as ame nd ed) and be aut horized to transact bus iness in the state wh~r e th e projec t is
located.
City o f Port Orc hard a nd TSL In c.
Snwl l Work s Con tract
Page I 3 or I ''
This Power of Attorney is execu ted , an d may be revoked , pursuan t to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDE LITY INSURANCE COMPANY at a meeting called and held on the 7th day ofFebruary, 1974.
The Preside nt or a ny Vice Presi de nt , E xecutive Vice President, Secretary or Ass istant Sec re tary, shall have power and autho rity
(J) To appoi nt Attorneys-in-fac t, a nd to authori ze them to execute o n behal f of the Company, and attach the Seal of the Compa ny thereto , bonds and
undertaki ngs , contrac ts o f inde mnity a nd oth e r writin gs obl igatory in the nature th ereof a nd,
(2) To remove, at any time, any such attorney-i n -fact and revoke the authority give n.
Furthe r , thi s Power o f Att orn e y is si gned and sea led by facsimi le p urs uan t to resolution o f the Board of Direc tors of said Company adopted at a meetin g
d ul y called and held o n th e 29th d ay o f April , 19 82 o f wh ich the fo ll owing is a tru e excerp t:
Now there fore th e signatu res o f such o fficers and the seal o f the Compa ny may be affi xed to any s uch rower of attorn ey or any certificate relating thereto by
facsim il e , and a ny such power o f atto rney o r certifi ca te bearing s uch facs imil e Sig natures or fa csim ile sea s hall be vali d and bindmg UiJO n th e Company and an y
such powe r so execu ted and certifi ed by facsimil e s ignatu res an d facs imi le seal shall be valid a nd b ind ing u pon th e Co mpany in the future w ith res pect to any
bond o r undertaking to which it is attac hed.
IN TESTIMONY WHEREOF, I NTERN ATIONAL FIDELITY I NSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized office r , this 16th day of October, A.D. 2007.
INTERNATIO NAL FIDELITY INSURANCE CO MPANY
STATE OF NEW JERSEY
County o f Essex
Secre tary
On thi s 16 th day o f Oc tobe.r 2007, before me ca me the ind ividual who execu ted th e preceding in strume nt, to me pe rsonally know n , an. d , being by me d uly
sworn, said the he 1s the th erein d esc.r ibed a nd autho rized o ffi cer of the INTERNATIONAL FIDE LIT Y INSURANCE C OMPANY; th at th e seal affixed to
s aid instru ment is the Corpora te Seal o f said Company; th at the sai d Corporate Sea l a nd his s ig nature were du ly affixed by order o f the Board of Directors of
sai d Co mpa ny.
· .. · .. IN TESTIMONY WHEREOF, I have hereunto set my hand affi x ~d my Official s~al ,
at th e City o f Newark, New Jersey th e day and year fu:s t abov.e written.
~· . -~~
A NOTARY PUBLIC OF NEW JERSEY . >: :ii " '< , CERTIF ICATION ·:;. ~yCpny,nission Expires Nov. 21, 20\0 ,.: .
: , "<-· I, thC<_ und ersigned officer ~f)Nt~~AJ:IO ~fL}~'~ELITY IN SURAN C.I!: ~O~AffY:",~~ h~~~by#r!ify. th at l ha'(e compared th~ foregoiri~ topy_~f th~ , · ~? ,Power of Atto rney a nd a~fi~avll , a nd ,t!')~. copy_..,Qf}l!e, Se~~~Qp of the By-,Laws of sa1d C?!JI~li)'t~ ~s, sej;f?rtJ:i :tn> sa1d Powe r of A~orn~~, w1th the 0Rl9!.~~LS 9 ,N ' . R,J:\{~N T HE HOME ~~Fl CE p~'SA ID CQif1~6'~Y , a lid . tl;Jat the sa.tl)e are co rrect tr\lnSJ'fJP!$·ther~gt!t~·~d of ~'~~~?.le of the ~~1 d o ngm~ls, ~nd th a t m;~ldiJ:?~er
of Attorney has no t been revoKed and 1s no w Ill fu ll force and effect "' Jr ·'-·· .. '·., ···•
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DECLARATION OF OPTION FOR MANAGEMENT
OF STATUTORY RETAINED PERCENTAGE
Note: This form must be submitted at the time the Contractor executes the contract. Contractor
shctl/ designate the option desired by checking the appropriate space.
Monies reserved under provisions ofRCW 60.28, at the option of the Contractor, shall be:
(I) Retained in a fi.md by the Owner.
____ (2) Deposited by the Owner in an interest-bearing account in a bank, mutual
savings bank or savings and loan association.
____ (3) Placed in escrow with a bank or trust company by the Owner* When the
monies reserved are to be placed in escrow, the Owner will issue a check representing the
sum of the monies reserved payable to the bank or trust company and the Contractor
jointly. Such check shall be converted into bonds and securities chosen by the Contractor
and approved by the Owner and the bonds and securities held in escrow. The Contractor
in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which
may accrue from escrow services, brokerage charges or both, and further agrees to
assume all risks in connection with the investment of the retained percentages in
securities.
~c:~ /0 /,).,). 101
Contractor Signature Date
*For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is
available upon request. The Contractor is not required to use this Escrow Agreement form, hmvever, alternative
forms will need to be approved prior to execution by the City.
City of Port Orchard and TSJ, Inc.
Small Works Contract
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