095-21 - All Around Fence Company - ContractCITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER
CONSTRUCTION CONTRACT NO. CO95.2I
PUBLIC WORKS PROJECT NO. PW2O21-029
THIS Agreement is made effective as of the Ed*day of Sgple$bgl_ , 2021 , by and
between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895,9A29
and
_ All :\rqund-Fence Companv
PO Box 98909
((coNTRACTOR")
Lakewood. WA 98496
Contact: Ronald Dagley Phone:253.863.4895 Email: allaroundfence@allaroundfencewa.com
for the following Project:
2021 Bay St Pedestrian Pathway Fence Repair ("PROJECT")
The City and Contractor agree as follows:
Contract Documcnts. The Contractor shall complete the Work described in the Contract
Documcnts for the Project. The following documents are collectively referred to as the
'oContract" and/or "Contract Doctunents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction,20lS 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 Teruns and Conditions;
f. Insurance and Bonding Requirements; and
City of Port Orchord and All Around Fence Company.
Public Worlrs Project No. Pll/2021-029
Small llorks Contact No. C095-21
Page I of23
Rev 712312020
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
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 date of commencement
shall be September 27. 2021. The Contractor shall substantially complete the Work not later
than November 19!I. 2021, subject to adjustment by change order.
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 $4.016.65 (applicable sales tax 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 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 Conkact.
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
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.
City of Port Orchard and All Around Fence Company.
Public ll/orks Project No, PW202I-029
Small llorla Contract No. C095-21
Page 2 of 23
kev 7/2312020
9. Title VI
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 'l'itle 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 Agreernent, the Contractor, for itsell, its assignees, and
succsssors in interest agrees ets follows:
Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level. or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth irr
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. paft2l.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipmcnt: [n all
solicitations. either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of rnaterials, 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, sex, age, disability, incomelevel, 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 deterrnined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the irrformation, the Contraclor 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 fhe 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 Agreernent, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
Cily of Port Orchard and All Around Fence Company.
Public Worlrs Project No, PW202 l-029
Small l*orks Contraet No. CA95-21
Page 3 of23
Rev 7123/2A20
unless e:(empt 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 ofenforcing such provisions including sanctions for noncompliance, Provided,
that if the Contractor becomes involved in, or is threatened with litigalion by a subcontractor, or
supplier because of such direction, the Contractor may request the City to en0er into any litigation
to prof€ct the interests of the City. In addition, the Contractor may request the Unitsd Stales to
enter into the litigafion to protect the interests of the United Stafes.
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 Putannsuu, Mayor
MMC, City Clerk
APPROVED AS TO FORM:
Charlotle A. Archer, City Attorney
City of Port Orchord and All Around Fence Company.
Public l{orks Project No. PW202l-029
Small lllorlrs Contract No. C095-21
,[4] A*^l Fr*ut,
By
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Page 4 of23
Rev 712312020
CERTIFICATE AS TO CORPORATE PRINCIPAL
f(.rt" V*{ hrx
certify that I am the
named as the
Z-{-r
City of Port Orchard and All Around Fence Company.
Public l{orla Project No. PW202l-029
Small lilorl<s Contract No. C095-21
(Corporate Officer (Not Contract Signer))
(Corporate Title) of the
in the Agreement attached hereto; that
(Contract Signer) who signed said Agreement on behalf
4
Publ
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of the Contractor, was then (a**q&* ils+*strafar (Corporate Title) af said coqpcrafion;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
goveming body, and is within the scope of its corporate powefti.
Corporate Seal
Corp.officer signa&rre (not contract signer)
/{.<"vrn I j\t.eq
Printed
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Title
State of la,/A \
County of /lr.rz )
L,r,n Dc /),r.^(corporate (not contract signer)) being
dulv sworn. deooses and savs that he/she
or 7t t 4.t,n //5or, rt ls (Corporate Title)
of Corporation)
Subscribedand sworn to before ^"*rn Z? n/ auy ot 202L
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Notary Public (Prin$
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Page 5 of23
R:ev 7123/2020
CTTY OF PORT ORCHARI)
PUBLIC WORI( PROJECT TERMS AI\D 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 I -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 govem all phases ofwork 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.
l. 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 o'City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and ooContractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Biddero' 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.?7 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the biddels employees working in Washington, an
Employment Security Department numbero 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"01 0 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 ensure 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 Washingtono Department oflabor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and sha1l 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 All Around Fence Company.
Public Works Proiect No. PW202I-029
Small ll/orks Contract No. C095-21 Frev 7123/2020
Page 6 of23
7. PROJECT COMPLIANCE: In cornpliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract 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 fumish Federal Excise 'l'ax 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 perforrnance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries lor lhe 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 organizalions requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from tliese statutes.
11. CONTRACI': The Contract, when properly signed, will be the only tbrm that wili 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), sxcept 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
Cify 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 priorwritten 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. CHANGE ORDERS: If the City or the Contractor requests a change in the Work. or either
party believes that a change is necessary, then the parties shall comply with the fbllowing
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other party (the "Change Notice");
(b) Befbre 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. CHANCE DIRECTIVES: A "Change Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if anyo in the Contract Sum or
Substantial Completion Date, or both. The City 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 shallonly 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
procced with the change in the Work and advise the City of its agreement or disagreement witlt
the proposed 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 Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective irnrnediatety and shall be recorded as soon as practical with a Change
City of Port Orehard and All Arouncl Fence Company.
Public l4/orks Project Na' PL/2A2 I -029
,..ev 7 /23/2A2Asmall works contract No' c095-21
pageT of 23
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. f'he Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAV/S AND REGULATIONS: The Contractor wamants 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 ofsuccessful bidder's violation ofthis 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,
indemnify 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 ofthe
Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability
hereunder shallbe only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial lnsurance, Title 5l RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Contract.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, 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 ofthe parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of perforrnance 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 Coutractor 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 All Around Fence Company.
Public ltorks Project No. PW2021-029
Small Works Contract No. C095-21
Page 8 of23
Rev 7/23/2420
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 oidealing 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. Al1 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 the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: [n 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. Eithcr party may give the other party r.vritten
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such parry'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 sefiled by binding arbitration by the Juciiciai 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 se lected
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 arbitration 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 All Around Fence Compar4:.
Public l{orlrs Project No. PW202l-029
Small llorlts Contract No. C095-21
Page 9 of23
F.lev 7/2312A20
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration ofthe Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise from or in conneotion
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees and subcontractors.
No Limitation. The Contractor'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 Insurenqe. The Contractor shall obtain insurance of the types described below:
Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (lSO) form CA 00 0l or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insutance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, .stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 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.
a
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Workers'Compensatiorc coverage as required by the Industrial Insurance laws ofthe State
of Washington.
Employers' Liability coverage to include bodily injury, and bodily injury by disease.
Employers Liability coverage may be included in the Contractor's General Liability
Coverage or as a stand-alone policy.
c Builders Rlsk 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 occunence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City of Port Orchard and All Around Fence Company.
Public l{orlrs Project No. Pl{2021-029
Small Works Contract No. C095-2 I P.lev 712312A20
Page l0 of23
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City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall be maintained until final acceptance of thc work by the
City.
Minimum Amounts of insurance. The Contractor shall maintain the following insurance lirnits:
Automobile Liability insurance with a minimum combined single limit for bodily injury
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 occurence, $2,000,000 general aggregate and a $2.000,000 products-
cornpleted operations aggregate limit.
Builders Rislr insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
a
a
Worke r s' C a mpens atlbr insurance
Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum
limits of $1,000,000 each accident" $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible l-or payment of industrial insurance premiums or for any
other claim or benefit for this Contractor or any sub-Contractor or employee of the
Contractor which might arise under the industrial insurance laws during the performance
of duties and services under this contract. If the Department of Labor and Industries, upon
audit, determines that industrial insurance payments are due and owing as a result of work
performed under this contract, those payments shall be made by the Contractor; the
Contractor shall indemnify the City and guarantee payment of such amounts.
Other Insurance Provisions. The Contractor's Automobile Liability, Conrmercial General
Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they
shall be prirnary insurance as respects 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 Conhactor 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 Contractor's agents, suppliers or contractors as well as any temporary
structures, scaffo I ding and protective fences.
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City of Port Orchard and All Around Fence Company.
Public l{orks Project No. Pl[/2021-029
Small llorlrs Conlract No. C095-21
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Page 1 I of23
Flev 7/2312020
Waivgr qf Subrogatign. The Contractor waives all rights agairrst 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 lnsurance Requirements Section of the Contract or other property 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
City. 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.
Acceotability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverase. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insurcd 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 Contractor shall provide thirty (30) days written notice by certified
mail, retum receipt requested, to the City prior to the cancellation or alteration of coverage.
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 the
City. 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 business 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 disretion of the City, offset
against funds due the Contractor from the City.
City of Port Orchard and All Around Fence Company.
Public lliorks Projeci No. PLI/2021-A29
Small llorks Contract No. C095-21
Page 12 of 23
R:ev 7/23/2020
CITY OF PORT ORCHARD
DECLARATION OF'OPTION FOR PERFORMAFICE AIID PAYMENT
BOND OR ADDITIONAL RETAINAGN
(APPLICABLE TO CONTRACTS OF $150.000 OR LESS - RCW 39.08.010|
Note: This form must be submitted at lhe time the Contractor executes the Contract. The
Contractor shall designate the option, where opplicable, desired by checking the apprapriote
spoce.
I . The Contractor shall provide 5o/o retainage, pursuant to RCW 60.28.U I (l Xa).
2. In addition, the Contractor elects to (select one)
_(l) Furnish a performance and payment bond in the amount of the fotal
contract sum. An executed performance and payment bond on the required form is
included with the executed cnnkactdocuments.
ftjil Flave the City rctain, in lieu of the performance and payment bonds,
ten percent (10%) of thetotal c,ontract amount for a period of thirty days after date
of final arfieptanc,e, or until receipt of all necessary releases from the department of
rev€nue and the department of labor and industries and settlement of any liens filed
under chapter 60.28 RCW, whichever islater. RCW 39.08.010.
In choosing option 2, tbe contractor agrees that if the cantractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and pcrform fhe covenants, conditions and
agreements in the Contract, and shall faithfully perform allthe provisions of such
Contract and shall also well and truly perform and fulfill all the undertakings,
covenants, termso conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be madeo 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 fromany elaim forsuch 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,Date
Cily of Port Orchord and All Around Fence Company.
Public ll/orks Praject No. Pll/2021-A29
Snall Works Contract No. C095-21
Page 13 of23
Bond No
Rev 7123/2020
Er&
On-site Q^lt' U4
estimate date:
name:th
quote
Revised datel
Revised date:
All Around Fence €o. {AAFCO}
Licensed, bonded, and insured.
PO Box 98909, lakewood WA 98496
Office: ?53-863.4895 Fax: 253{63-07(X
allarou ndfence@allaroundfencE$ra.com
Offiee ure
M/D:
b name pROPO$rVCOt'llRACt Llg ALLARAFS39|(S
)arntact person:MgmtCo.; (rh Crc,re,nl
}L(>L--2Phone fl:Phone f2;
-fr.t^b BillirsAddlessifdiff
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s fi
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frfl
Wood
<-CJ3r&'
Galv
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llnk
white
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mental
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Footage t')Slnrr (t'_{
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Height
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rl 7:{ f{lj rt
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POSTS
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ferminal i t{,t t./ ^l t .ic a
Line ., IL"T)-;d
Gate
,IJ-^t.-,AlMaterialspeca7:V'I
Top rall L.,*
Middle rail 7
Bottorn rail
Tension wire pQ
Wood styles:
Standard Estate I
Full Panel fl
r^5fcll 3.'
btc-L. d,*rr^.
[..t "lz c.4.- r17 qp.*\nL t t,q"c qt.df'e M
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ir bc sddcd rrlon loh sompl*lol,
iONCE YOU RETURN YOUR STCNED CONTRACT TO US, YOU ARE ACREEINC TO THE
'OB
AND YOU ARE
FOR TiTg FULL PAYMENT ONC LUDES LABOR AND MATERIALS) EV€N IT YOU CANCEL THE
propose hereby to lurnish materials and labor.complele in accotdancc with lhe abovc specifications,
have a $600.00 minimum plus materials, ifyou change yourjob and the price ialls below thal eosL you may be required
year wad.rty on workmalship & materials supplied by AAFCO. We do not wananty wood gates ovfi l0'wide, no
estima& is just an cstirnale and may be with&awr by AA!'CO if no1 accepled wilhin 30 days,
*Most ofour correspondrncc is done by ernail. Payrrnt is duc upon receipt ofinvoice. We accept checls & aroney orderc, For
we also acccpt detrit end credit cards. Tax will be added to youriob uponjob completion.
CUS'TOMER IS RESPONSIBI.E FOR MAKKINC THEM PRIVATE UTILITY LOCATIONS AND FENCE I,TNES,
Estimator's Authorization:tr
AAFCO IS NOT RESPONSIBI-E FOR UTII.,ITYISPRTNKLER LINES,
Picture Frarne E
(irkland I
Rambler [J
Horirontal
ow Board B
Top E
Custom
Single drive E
walk
to pay tlrc $600.00 minimum ptus rnalerjals price.
Wo do not stain or painl fences.
gl€ Prcvar l,^1 w{uJe
tnc|;u-J;.J*
Hillside tr ^ /
away
The priees, speciliertions, and conditions are satisfactory, undetstood, snd are hereby aceep&d by my
sigaoture bolow:
Customer's signotur€: I)ate_
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors tn
interest agrees to comply r,vith the following non-discrimination statutes and authorities; including but not
lirnited to:
Pertinent Non-Discrirnination 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. Part21.
Tlre Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. g 4601), (prohibits unfair treatment of persons displaced or r.vhose 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 Rehatrilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibits
discrirnination on the basis of disability); and 49 C.F.R. Part27;
'I'he Age Discrimination Act of 1975, as amended, (42 U .S.C. $ 6101 et seq.), (prohibits
discrimination on the basis of age);
Airporl and Airway Improvernent Act of 1982. {49 USC$ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, cleed, color, national origin, or sex);
The Civil Rights Restoration Act of i987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title Vl of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors. whether such programs or activities ale Federally funded or not);
Titles ll and IIi of the Americans with Disabilities Act, which prohibit discrirnination on the basis
of disabiliry in the operation of public entities, pubiic and private transportatiort systems, places
of public accommodation, and certain lesting entities (42 U.S.C. $A I 213 l- 12189) as
irnplemented by Department of Transportation regulations at 49 C.P.R. parls 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. $ 47123) (prohibits
discrimination on the basis of race, color, uational origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-lncome Populations. which ensures discrimination against rninority
populations by discouraging programs, policies. and activities with disproportionately high and
adverse human health or envirorunental effects on minority and low-income populations;
Executive Order I 3 166, Improving Access to Services fbr Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrirnination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 7414U;
Titf e IX of the Education Arnendtnents of 1912, as amended, which prohibits you lrom
discrirninating because of sex in education prograrns or activities (20 U.S.C. l68l et seq).
City of Port Orchard and All Around Fence Company.
Public Worlrs Project No. PW202l-029
Small Worlq Contract No. C095-21
a
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a
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Page23 of23
Fiev 712312020
AAFCO BACK PAGE OF PROPOSAT TERMs, COVENANTS, AND CONDITIONS BETWEEN ALL AROUND FENCE COMPANY (AAFCO) AND PURCHASER
TERMS: We havE a $600 minimurn plus materials. lf you change your job and the price falls below that cost, you may still be required to pay the
$600.00 minimum plus materials price. A down payment may be requested to be paid before work begins. All materials remain the property of
AAFCO until fully paid and can be removed for non-payment. ONCE YOU RETURN YOUR SIGNED CONTRACT TO US, YOU ARE AGREEING TO THE
JOB AND YOU ARE RESPONSIBLE FOR THE FUIL PAYMENT {INCLUDES LABOR AND MATERIATS} EVEN IF YOU CANCEL THE JOB. PaYment is due
upon receipt of invoice (of which we email to you). We accept checks and money orders; any returned checks will result in a S35.00 charge.
For a fee, we also accept debit and credit cards. lf the account is not paid in full within 15 days after the date on the invoice, the purchaser
agreestopayadelinquencychargeofl.50,6andcompoundedforeachmonthontheunpaidbalance, Anadditionalsurchargeof25%ofthe
accountbalanceplusattorneyorcollectionagenqyfeeswill beassessed,ifapplicable. lnaddition,wereservetherighttofllealienonyour
property. Mostallofourcorrespondenceisdonebyemail. Thedocumentssenttoyouforsignaturearesentelectronicallyforyour
convenience to sign them via cornputer and email them back to us, All standard rnailed docum€nts rnay take about 5-7 days longer as they go to
our home office first, This estimate is only an estimate. Additional charges may apply on actual work performed, This proposal may be
wlthdrawn by AAFCO if not accepted within 30 days,
lf it is necessafy to make more than one trip to complete the project on account of changes or dFlays on the part of the purchaser, an extra
chargemaybemadetocovertheadditional expenseinvolved, lntheeventofanyunduedelaycausedbyanypartyotherthanAAFCO,then
AAFCO shall have the right to pass along any increase in cost as a result. AAFCO will try it's very best to honor the dates scheduled for jobs;
however, AAFCO cannot guarantee these dates or be held responsible for date changes.
Conditionsj ln consideration ofthe price herein quoted, the purchaser agrees that the fence lines will be clear ofall obstructions and that the
lines will be properly marked by the purchaser with whlte paint. AAFCO lS NOT RESPONSIBLE FOR ANY DAMAGE TO SPRINKLER LINES. THE
LOCATION OF WELL AND POOL PIPES, SPRINKTER LINES, ELECTRICAL LINES, AND/OR ANY PRIVATE UTILITIES WIIL BE CLEARLY MARKED BY THE
PURCHASER lN WHITE PAINT; AND ANY DAMAGE INCURRED DUE TO INCORRECT OR MlSSlN€ MARKING WlLL BE THE SOtE RESPoNSIBILITY OF
THEPURCHASERTOREPAIR. Locating,clearing,andmarkingoffenceand/orpropertylinesarethesoleresponsibilityofthepurchaser. The
purchaser further agrees that AAFCO shall not be held responsible for claims of encroachment, damage to underground pipel wires or hidden
obstructions, and herewith waives any claims relating thereto, The purchaser must obtain all licenses, planning permission approval, and
permlts where such items are required including HOA approval, if applicable.
AAFCO does not remove concrete footings unless requested at the time of initial estimate (this is an additional charge). AAFCO does not
contemplate encountering rocks, boulders, or other conditions that mandate the use of Jackhammers or other coring equipment, lf
encountered, and it is necessary io drill for the setting of the posts or to furnish extra-large or deep foundations for the posts, or to perform
anyextralabor;anextrachargewill bemadetocovertheadditional expensesinvohed. ltisther€sponsibilityofthepurchasertofiove,reuse,
or dispose of any excess dirt; AAFCO does not remove any dirt off-site for any reason, including excess dirt as a result of digging for post holes.
Thepurchaseragreestosupplypoweratthejobsite. lfpowerlsunavailableatthejobsite,thepurchaseragreestopayforgeneratoruse.
Lawn damage due to weather conditions will be the purchaser's responsibility. AAFCO does not paint or stain fences.
The purchaser, or their representative, must be present at the start of the job as well as the antlcipated day of completion.
IHE CREW HAS NO AUTHORITY TO AUTHORIZE CHANGES, No change in measurements, location of linet or condltions will be allowed except
prices mutually agreed upon at the time these changes are made. Changes must be comrnunicated through the estimator or office
representative.
You have a l year watranty on workmanship and materials supplied by AAFCO. We do NOT warranty wood gates over 10'wide, no
exceptions, Duetothestyleofyourfenceandthefactthatweuse6footboards,itcouldcauseyourfencetobe+/-6feettall, lnaddition,
normal ground clearance is 1 to 1 112 inches,
This contract embodies the understanding between AAFCO and the purchaser. There are no verbal agreements or representation in
connection herewith. We propose hereby to furnish rnaterials and labor-complete ln accordance with the above specifications. This contract
in printed or in electronic form is subject to the terms and conditions of which are made a part hereof by this refarence.
I have resd, I understond, snd I aaree to all of the sbove terms and conditions as herebv occepted bv
mV signaturel
Date:_ Job name:Signature
All Around Fence Compauy PO Box 98909 Lakewood WA 98496 Office: 253-863-4895
Toll Free: 1-800-750-8836 Fax: 253-8$-A704
NoIic,B to Customer and Custo,mer_Lnformation Sheet
This contractor is registered with the State of Washington, registration number ALLARAFS3SKS and has
posted with the state a bond or deposit of $12,000 for the purpose of satisfting claims against the contractor for
breach of contract including negligent or improper work in the conduct of the contractor's business.
THIS BOND OR DEPOSIT IVIIGHT NOT BE SUFT'ICIENT TO COVER A CLAIM THAT MIGHT
ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The
bond or deposit is intended to pay valid claims up to $12,000 that you and other customers, suppliers,
subcontractors, or taxing authorities may have.
FOR YOUR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR
CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a stated
period of time to provide protection to you and help insure that your project will be completed as required by
your contract.
WE MAY PLACE A LIEN ON YOUR PROPERTY.
If you do not pay your bill, we may place a lien on your property to force payment and you could pay twice for
the same work.
FOR ADDITTONAL PROTECTION yOU MAy REQUEST THE CONTRACTOR TO PROVIDE yOU
WITH ORIGINAL "LIEN RELEASE'' DOCUMENTS FROM EACH SUPPLIER OR
STIBCONTRACTOR ON YOUR PROJECT.
The contractor is required to provide you with further information about lien release documents ifyou request
it. General information is also available frorn the Washington State Department of Labor and Industries.
I have received a copy of this disclosure statement and I have read and understand the disclosure information
provided to me and I agree to it.
(S ignature of custom er/contact)(Printed name of customer/contact)(Date)
Qusfo{n$.r.lJrformation_: (This is who lhe bill will be rnade out to,)
Full legal or Business Name:
Job site address dzip code:
Phone Number:Email
Mailing Address (if different than job site):
This form (along with the proposal/contract) is required to be signed and returned in order to be scheduled.
Please fbel free to contact us ifyou have any questions.
From:
S6nt:
to:
Subject:
All Around Fence <allaroundfence@allaroundfencewa.com >
Monday, September 20,2021 1:28 PM
Tony Lang
RE: Fencing estimate
Perfect-ldidnotcalculatethetaxforthatoption,justthe50'andthe140'options. Thosetwocostsarepricedout-it
will include prevailing wage, hardware, tear-out/haul away, 5 concrete plugs removed, and the 9Yo tax. Thank you Tony!
Have a wonderfuldayl
Hadley
All Around Fence Company, lnc.
Office 253-863-4895 Fax 253-863-0704
PO Box 98909, lakewood WA 98496
a I laro u ndfence@a lla rourrdfencewa.com
Website: www.allnro-undfencewa.com
Facebook hltp5{wlvw.facebook.comlallaroundfencewal
From ; Tony La ng [mailto:tla ng@cityof portorch a rd. us]
Sent: Monday, September20,2O2L 1:25 PM
To: All Around Fence <allaroundfence@allaroundfencewa.com>
Subject: RE: Fencing estimate
Correct, we don't want the 50' of galvanized fabric since we wlll be upgrading to the black fabric after they replace the
posts.
From: Ai I Aro und Fence <allOle undfe nc_e@a!J a roUndJencewa.com>
Sent: Monday, September 20,20279:22 AM
To: Tony Lang <tlaFBEcitv-q[pqrtorchard. us>
5ubjec* RE: Fencing estimate
Good morning Tony,
I see that Kevin drew up 3 options foryou; do you no longer want the option to repair the 50' of fence using galvanized
wire? That was the option on the first estimate sheet. The second estimate has the two options using the black
fabric/wire: (Bid f1) the 50' replacement with 5 galvanized posts (and the concrete bases) and black fabric; and {Bid #2}
the additional 140'of black fabric.
Prevailing wage is included in the cost; the 5 posts being replaced will have the concrete plugs dug out; because tax rate
may change before the job is done, we can only provide the tax as of today with a notation that the tax may change
after today's date,
I have reattached the two estimates to this email. Thank you!
Have a wonderful day!
Hadley
1