062-19 - Ventilation Power Cleaning, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. CO62.I9
PUBLIC WORKS PROJECT NO. PW2O19.OIO
THIS Agreement is made effective as of the I lth day of ,2019, by and
between
ctTy oF poRT oRCHARD, WASHINGTON (*CITY')
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Far<: 360.895.9029
and
Ventilation Power Cleaning, Inc.
3914 Leary Way
NW, Seattle WA 98107
("CONTRACTOR")
Contact: Janice Benner, President Phone:206.634.2750 Fax: 206.634.2753
for the following Project:
2019 STORMWATER L',ATCH BASIL| & ptpE MAINTENANCE (..PROJECT")
The City and Contractor agree as fbllows:
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":
This Agreement signed by the City and the Contractor;a.
c
b. Division I of WSDOT Standard Specifications for Road. Bridge and Municipal
Construction,20l8 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions:
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 of Port Orchard and Ventilation Power Cleaning, Inc.
Public llrork Project Nct. Pll/2019-010
Small Works Contract No.C062-19
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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 Substantia Completion Date. The date of commencement
shall be September llth 2019. The Contractor shall substantially complete the Work not
later than December 3l't 2019, 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 the
base bid amount of $81,325.00 plus applicable 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. T'he 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 perforrnance of all the covenants herein upon the part of
the Contractor.
8. It is further provided that no liabitity shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
City of Porl Orchard and Ventilation Power Cleaning, Inc.
Public ll/orks Project No. PW20l9-010
Small Works Conract No.C062-19
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9. Title VI
The City of Port Orchard, in accordance with Title Vl 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
Depaftment of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the perforrnance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
Comp iance 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 apart 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 subconffactors. 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. part 2l .
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials. or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color. national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information. and its facilities as may be determined by
the Citv or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certiry to the Ciry" 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 Cilv will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
l. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, 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,
Citt, of Porl Orchard and Ventilation Power Cleaning, Inc.
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unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF. the parties hereto have caused this contract to be duly
executed on the date first written above.
CITY OF PORT ORCHARD CO
Ventilatio Cleaning, Inc.
Robert Mayor
R
By : Wade Anderson
Its: Manaser
ATTES ENTICATE:
Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Cates, City Attorney
zM,r.S"
City of Port Orchard and Ventilation Power Cleaning, Inc.
Public lltorks Project No. PlV20l9-010
Small lAorks Contract No.C062-19
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l/
' AU
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Janice Benner (Corporate Officer (Not Contract Signer)) certiry that I am the President
(Corporate Title). ration r in the Agreement attached hereto;
that Wade Anders t Sign eement on behalf of the Contractor,
was then Mqnager Title) said Agreement was duly signed for
and in behalf of said corporatQgr by authority of its governing body, and is within the scope of its
corporatelowers
.Corporate Segt
.'t
t
C cer signature (not contract signer)
Janice Benner
Printed
President
Title
State of Washington
County of King
Janice Benner (corporate fficer (not contract signer)) being duly sworn, deposes and says that
he/she is President (Corporate Title) of Ventilation Power Cleaning, Inc. (Name qf Corporation)
Subscribed and sworn to before me this 28th day of August 2019
Valerie Lescantz
Notary Public (Print)
My commission expi res 06/0 | 12022
City of Port Orchard and Ventilation Power Cleaning, lnc.
Public Worl<s Project No. PW20l9-010
Small Works Contract No.C062-19
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CITY OF PORT ORCTIARD
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 l-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. 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: 'l'he 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 appticable, 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 Emy 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 are
taken into consideration when preparing their bid according to these specifications. The
Contractor shall complete and file State of Washington, Department of Labor & lndustries,
Statement of Intent to Pay Prevailing Wages and Atfidavit 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 fbrms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled'olnsurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
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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
the Contract Sum, ffid 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 ta,x, 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 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.
1 l. CONTRACT: The 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 uritten 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 following
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) 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. tf the change in Work cannot be
performed on a fixed-price basis, the Change Order shall identifu the agreed method of
compensation.
13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City.
directing a change in the Work prior to agreement on adjustment. if any, 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 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
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.
City of Port Orchard and Venlilation Power Cleaning, lnc
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Such 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 2l .
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 [.AWS AND REGLJI.ATIONS: The Contractor warrants full
compliance with all appticable 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 owrl risk. The Contractor shall defend,
indemniff and hold the City. its offrcers, 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 perforrnance 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 1.24.1 15. then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the City. its officers, officials, employees and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifitally and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of imrnunity under Industrial Insurance, 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 penaltv'
under the fotlowing conditions: l) by mutual written agreement;2) by the City for breach by the
Contractor of *y 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.
l g. 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 perforrnance
o...roing prior to termination survives: 2) lf the reasonable costs of performance incurred by the
Contractoi 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.
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Public llorl<s Project No. PlY20l9-010
Small llrorks Contracl No.C062-19
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19. 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.
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.
21. 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 party may give the other party
written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shatl include a
statement of such parfy'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 Sen'ices ("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 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 l/entilation Power Cleaning, Inc.
Public lVorlrs Project No. PlY20l9-010
Small ll/orks Contract No.C062-19
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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 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 of Insurance.The Contractor shall obtain insurance of the types described
below:
Automobile Liabilitl, 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 insurance shall be written on [SO occurrence form CG 00
0l 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 1 I 85 or an equivalent endorsement. There shall be no endorsement
or modification of the Commercial General Liability lnsurance 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.
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City of Port Orchard and Ventilalion Power Cleaning, Inc.
Public lAorks Project No. PlV20l9-010
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Workers' ()ompensation coverage as required by the Industrial Insurance laws of the
State of Washington.
Builders Rist 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 occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by
the City upon written request by the Contractor and written acceptance by the City. Any
Rev 7/18/19
increased deductibles accepted by the City will remain the responsibility of the
Contractor. The Builders Risk insurance shall be maintained until final acceptance of the
work by the City.
Employer's Liabiliry insurance limit of $1,000,000 each accident. Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit
$ I ,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
Automobile Liabiliry 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 occwrence. $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
Builders Rrsfr insurance shall be written in the amount of the completed value of the
project with no coinsurance provisions.
a
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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. 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 timited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented
by the Conffactor, or the Contractor's agents, suppliers or contractors as well as any temporary
structures, scaffolding and protective fences.
Waiver of Subrosation. 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 property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the Citv, 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 w'ill not waive its right to subrogation.
Acceptabi litv of [nsurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
City of Porl Orchard and Venlilation Power Cleaning, lnc.
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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
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 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 the
Ciry. 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 discretion of the City, offset
against funds due the Contractor from the City.
City of Port Orchard and Ventilation Power Cleaning, Inc.
Public lltorks Project No. PW20l9-010
Small Works Contract No.C062-19
Y Uobs ZVOBS P-R\Pon Orchard. Ciry o^C062-19-Ventilarion Power Cleaning docx
Page 12 of 15
Rev 7/ l8/ I 9
CITY OF PORT ORCHARI)
DECLARATION OF OPTION FOR PERFORIVIANCE
BOND OR ADDITIONAL RETAINAGE
Note: Thisform must he submitted at the time lhe Contractor executes the Contract. The
Contractor shall designctte the option desired by checking the appropriate space.
The Contractor elects to:
(l) Furnish a performance bond in the amount of the total contract sum. An executed
performance bond on the required form is included rvith the executed contract documents.
X (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 Contract, ffid 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 a[l 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 perforrnance bond shall be released at the time provided in said
fulfills the said obligations.oroption 2; otherwise, the funds shall be retained until the Cont ,7,
4rl
ctor
Bond No.
City of Port Orchard and Ventilalion Power Cleaning, Inc.
Public Work Project No. PW20l9-010
Small ll/orks Contract No.C062-19
Y:Uobs ZUOBS P-R\Pon Orchard, City o^C062-1g-Ventilation Power Cleanrng docx
Page 13 of 15
ure 0812712019
Rev 7/18/19
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF Washinglon
)ss
COUNTY OF King
On this 28th day of August 2019, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared Wade Anderson to me known to be the
(check one of the following boxes):
x N{anager of Ventilation Power Cleaning. [nc. , the
corporation,
of the
partnership,
tr individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said ffi corporation,
! partnership, E inAividual for the uses and purposes therein mentioned, and on oath stated that X t.
! she was authoized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated:Ausust 28- 2019
tr
','41!4wW ,)
Valerie Lescantz
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:Kins Countv. WA
My Commission exp ires:06/0112022
City of Port Orchard and Ventilation Power Cleaning, lnc.
Public ll/orks Project No. PlV20l9-010
Small lltorks Contract No.C062-19
Y Uobs ZUOBS P-R\Port Orcher( City oflC062-1g-Ventilarion Power Cleaning docx
Page 14 of 15
\otsry Seal with lnk Stemp
Rev 7/ I 8/ l9
APPENDIX,{
During tlre perforrnance of this Agreement. the Contractor, ftrr itself, its assignees. ancl successors in
interest agrees to comply vvith the follow'ing non-discrinrination statutes and authorities: including but not
limited to:
Pertinent Non-Discrimi nation Authorities:
a
o
Title Vl of the Civil Rights Acr of 1964 (12 U .S.C. $ 2000d er seq., 78 stat. 252), (prohibits
discrimination on the basis of race. color, national origin); and 49 C.F.R. Part 21.
The Llniform Relocatiorr Assistance and Real Propert)' Acquisition Policies Act of 1970. (42
U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid progranrs and proiects):
Federal-Aid tJighway Act of 1973, (23 LI.S.C. S 324 et seq. ), (prohibits discrimination on the
basis of sex);
Section 504 of the Rehabilitation Act of 1973. (29 [J.S.C. $ 794 et seq.), as amended. (prohibits
discrimination on the basis of disabilit-v): and'19 C.F.R. Part27:
1'he Age Discrirnination Act of 1915, as amended. (42 U .S.C. $ 6l0l et seq.). (prohibits
discrinrinatiort on the basis of age):
Airport and Airway Improvement Act of 1982, (49 tlSC$ 471 . Section 4 7123), as amended.
(prohibits discrimination based on race, creed. color, national origin. or sex);
The Civil Rights Restoration Act of 1987. (PL 100-209), (Broadened the scope, coverage and
applicability of Title Vl of the Civil Riglrts Act of' 1964, fhe Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1913, by'expanding the definition of the tenns "programs
or activities" to include alt of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, w'hether such programs or activities are Fcderally funded or not):
Titles Il and Ill of rhe Americanswith Disabilities Act, u'hich prohibitdiscriminatiotr on the basis
of disabilitl in the operation of public entities. public and private transportation systems. places
of public accommodation, and certain testing entities (42U.S.C. $$ l2l3l-121891 as
implemented by Department of Transportation regulatiorrs at 49 C.P.R. parts 37 and 38:
The Federal Aviation Administration's Non-discrimination statute (49 LI.S.C. $ 47123) (prohibits
discrimination on the basis of race. color, national origin. and sex):
Executive Order 12898. Federal Actions to Address Envirorrmental Justice in Minority
Populations and Lorv-lncome Populations. rvhich ensures discrirninatiott against rninorir,".'
populations by discouraging prograrrls, policies. and activities rvith disproportionately high and
adv'erse hunran health or environmental effects on minority and low-incolne populations:
Executive Order 13166, Irnproving Access to Sen'ices fbr Persons with l.imited English
proficiency, and resulting agenc) guidance, national origin discrirnination includes discrirnination
because of linrited English proficiency (l-EP). To ensure compliance rvith Title Vl. you must take
reasonable steps to -ensure that L-EP persons have nreaningfttl access to your programs (70 Fed'
Reg. at 71087 to 74100);
Title IX of the Education Amerrdments of 1972. as antended, which prohibits you frottt
cliscriminating because of sex in educatit'rn programs or activities (20 tJ.S,C. l68l et seq).
o
o
a
o
a
a
a
a
o
a
City of Port Orchard and Ventilation Power Cleaning, Inc-
Public lYork Project No. PlV20l9-010
Small ll/orl<s Contract No.C062- I 9
Y Uobs ZUOBS P-RrPort Orchard, City oflC062'ls-\'entilation Power Cleening docx
Page l5 of 15
Rev 7/18/19