073-18 - Olson Brothers Pro-Vac LLC - ContractCITY OF'PORT ORCH SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. 073-18
PUBLIC WORIG PROJECT NO. 2018.020
THIS Agreement is made effective as of the 25ft day of September 2018, 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: 360.895.9029
and
oLSON BROTHERS PRO-VAC LLC ("CONTRACTOR')
66221121h St E
Puyallup, WA 98373
Contact: GrahamGill Phone: 253.435.4328 Email: graham.gill@pro-vac.com
for the following Project:
2018 Stormwater Catch Basin & Pipe Maintenance ((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 the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Consffuction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 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 Olson Brothers Pro-Yac
Public Worlrs Project No. 2018-020 Rev l/29i18
Small Works Contract No. 073-18
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g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
The intent of the Contact Documents is to include all items necessary forthe 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 October l't 2018. The Contractor shall substantially complete the Work not later
than December 3l't 2018, 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 $69,510.33 (includes 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 Consffuction Contract Documents and to complete and finish the same
according to the plans and specifications and the terms and conditions herein contained; and
hereby contracts to pay for the same at the time and in the manner and upon the conditions
provided for in this Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to fumish insurance of the types and
in the amounts set forth in the Consffuction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himselfl his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, adminisrators, successors, and
assigns, does hereby agree to the full perfornance 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 Olson Brothers Pro-Yac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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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
O \sr..o*\s.5 o-
Robert
By:
Its:
ATTES CATE:
y Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Cates, CitV
City of Port Orchard and Olson Brothers Pro-Vac
Public Worlcs Project No. 2018-020 Rev l/29l18
Small Works Conffact No. 073-18
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Mayor
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,fn nV.e O \s o ,^(Corporate Officer Not Contract
Signer)) certify that I am the Cbo (Corporate
hereto; thatTitle) of the corporation named as the Conffactor in the Agreement attached
\P es\e^^, -$t o 'J (Contract
V,P.
Signe) who signed said Agreement on behalf
of the was then (Corporate Title) of said
corporation; that said Agreement was duly signed for and in behalf of said corporation by
authority of its governing body, and is within the scope of its corporate powers.
Corporate Seal
Corp signature (not conffact signer)h,V. o\S,,',
Printed
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Title
State of tD A
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duly sworn, deposes and says that he/she is
(corporate fficer (not contract signer)) being
Cbo (Corporate
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Subscribed and sworn to before me this day of DJ
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Notary Public (Print)
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City of Port Orchard and Olson Brothers Pro-Vac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Worlcs Contract No. 073-18
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CITY OF PORT ORCHARI)
PUBLIC WORI( PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA
Supplement (Section 1-99), as issued by the Washington State Department of Transportation and
American Public Works Association, Washington State Chapter, hereinafter referred to as the
"standard specifications". The standard specifications, except as they may be modified or
superseded by these provisions, shall govem all phases of work under this Contract, and they are
by reference made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, frrm 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 fulfiII the
Contractor' s obligations.
3. LICENSING AND REGISTRATION: The Conffactor 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 wamed 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 Affrdavit 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. INSTIRANCE REQUIREMENT: The successful bidder will fumish 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 Olson Brothers Pro-Vac
Public Worl<s Project No. 2018-020 Rev l/29l18
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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 Conffact 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 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 organrz.ations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
I 1. CONTRACT: The Contract, when properly signed, will be the only form that will be
recognized by the City as an award. The executed Conffact supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the CitV 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. 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 parfy 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 wriuen estimate of the cost
and time impact of the change in Work; and (c) The City and the Conffactor shall execute a
Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the
extension of the Substantial Completion Date, if any. If the change in Work cannot be
performed on a fixed-price basis, the Change Order shall identify the agreed method of
compensation.
13. CHANGE DIRECTIVES: A "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 onlybe 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 Olson Brothers Pro-Vac
Public Works Project No. 2018-020 Rev l/29l18
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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 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the
Substantial Completion Date and not inconsistent with the Contract documents. The Contractor
shall promptly carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to
indemnifu 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. INDEMNFICATION: 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,
indemnifu and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attomey fees, arising out of or in
connection with the perfornance of this Contract, except for injuries and damages caused by the
sole negligence of the CitV. Should a court of competent jurisdiction determine that this Contract
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the City, its offrcers, officials, employees and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Indusfiial Insurance, Title 51 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: l) by mutual written agreement;2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all
damages, including the excess of re-procuring similar products or services; 3) for convenience of
the City; or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or perfornance
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 incuned 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 Olson Brothers Pro-Vac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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19. COMPLIANCE WITH TERMS: The City may at any time insist upon sffict 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
CitV 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 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 parry may give the other party
written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute;
(b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to
mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be
selected by the mutual agreement of the parties; (c) If the mediation does not result in a
settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial
Arbitration and Mediation Services ("JAMS") in accordance with the then operative consffuction
rules of JAMS. The parties may select an artitrator 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 Olson Brothers Pro-Vac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Worlcs Contract No. 073-18
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CITY OF PORT ORCHARD
INSURANC E 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 Scope of Insurance. The Contractor shall obtain insurance of the tlpes described
below:
Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Offrce (ISO) form CA 00 0l
or a substitute form providing equivalent liability coverage. If necessary, the policy shall
be endorsed to provide contractual liability coverage.
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a Commercial General Liabiliry insurance shall be wntten 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
injr.y 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 I I 85 or an equivalent endorsement. There shall be no endorsement
or modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG or substitute endorsements providing equivalent
coverage.
Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
Builders Rruk 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 Conffactor and written acceptance by the City. Any
City of Port Orchard and Olson Brothers Pro-Yac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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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 CitV.
Employer's Liabilifl insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit
$ 1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
Automobile 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 occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
Builders Risk insurance shall be written in the amount of the completed value of the
project with no coinsurance provisions.
Other lnsurance Provisions. The Conffactor'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 CitV. Any insurance, self-insurance or inswance pool
coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three
(3) year extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided by the City.
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented
by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary
structures, scaflolding and protective fences.
Waiver of Subroeation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subconffactors, 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 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.
Acceptability of Insurers. lnsurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
City of Port Orchard and Olson Brothers Pro-Vac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Worla Contract No. 073-18
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Verification of Coverage. The Contractor shall fumish 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 practrces.
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 Mai Insurance The insurance required by this Section will not be canceled,
materially changed or altered without forry-five (a5) 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 hay, 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 Olson Brothers Pro-Yac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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CITY OF PORT ORCHARI)
DECLARATION OF OPTION F'OR PERFORMANCE
BOI\D OR ADDITIONAL RETAINAGE
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 space.
The Contractor elects to:
(1) Furnish a perfornance bond in the amount of the total contract sum. An executed
performance bond on the required form is included with the executed contract documents.
) Have the City retain, in lieu of the performance and payment bonds, ten percent
(10%) of the total confract 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 option2,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 tnrly
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 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, 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 perfonnance 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.
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Bond No.
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City of Port Orchard and Olson Brothers Pro-Yac
Public Worlrs Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
CONTRACT NO.073.18
Bond to City of Port Orchard, Washington
Bond No. 106974881
We,Olson Brothers Pro-Vac, LLC and Travelers Casualty and Surety Company of America
(Principal)(Surety)
a Connecticut Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of
Sixty-Nine Thousand Five Hundred Ten and 33ll00ths Dollars ($6e 510.33
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure
the perforrnance of Principal in connection with a contract dated September25 _,20__!q, between Principal
and Owner for a project entitled 2018 Stormwater Catch Basin & Pipe Maintenance, Public Works Project No. 2018-020
Contract No. 073-18 ontract"). The initial penal sum shall equal 100 percent of the Total Bid
Price, including sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Perforrnance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner
and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor, equipment, or materials to the Project; and
o Pays the taxes, increases and penalties incurred on the Project under Titles 50, 5l and 82 RCW
on: (A) Projects referred to in RCW 60.28.011(l)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemniff, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the
Principal) to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Perforrnance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or
not suit is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Perforrnance Bond.
Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the
City of Port Orchard and Olson Brothers Pro-Vac
Public Worl<s Project No. 2018-020 Rev l/29l18
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Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by
more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Perforrnance and Payment Bond shall automatically increase in a like amount. Any
such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washinglon.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
lst day of October 20 l8 .
Olson Brothers Pro-Vac, LLC Travelers Casualty and Surety Company of America
Principal
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Sign of Offrcial Au
By Carley Espiritu
Attorney in Fact (Attach Power of Attorney)
I Co v
Name and Title
Name and address of local office of
Agent and/or Surety Company:Propel Insurance
P.O. Box 2940
Tacoma, WA 98401-2940
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section l-02.7 of the Standard Specifications.
City of Port Orchard and Olson Brothers Pro-Vac
Public Works Project No. 2018-020 Rev l/29l18
Small Works Contract No. 073-18
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Page 14 of 16
ACKNOWLEDGEMENT
Corporation, Partnership, or Individ ual
STATE OF A
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COUNTYOF PioS.E
On this day
to me known to be the (check one of the following boxes):
?.of O lso,, Bt o\\e,s P.o-\Jc^{. , the
corporation,
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of oJ"b-20 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally a a oo
E
of the
partnership,
individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said x corporation,tr partnership, E individual for the uses and purposes
she was authorized to execute said instrument.
therein mentioned, and on oath stated that f he
WITNESS -y hand and official seal hereto affixed the day and year first above written.
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Notary Seal with Ink Stamp
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Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:of\t^lc"
My Commission expires:a 9o o
City of Port Orchard and Olson Brothers Pro-Vac
Public Worl<s Project No. 2018-020 Rev ll29ll8
Small l{orks Contract No.07i-18
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Page l5 of 16
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SURETY ACKNOWLEDGEMENT
STATE OF WASHINGTON )
COUNTY OF PIERCE )
on this lst day of October 20 l8 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally Carley
to me known to be the Attorney-in-Fact of Trau.lers Casualty m , the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
he x she was authorized to execute said instrument.
WITNESS rny hand and official seal hereto affixed the day and year first above written.
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and voluntary
stated that E
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Notary Sealwith Ink Stamp
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Dated: l0l0ll20l8
Karen C. Swanson
Residing at: Tacoma
My Commission expires : lll20l202l
City of Port Orchard and Olson Brothers Pro-Vac
Public Works Project No. 2018-020 Rev l/29l18
Small l{orks Contract No. 073-18
U:\STORMATER PROGRAIvI\Operations and Maintenance\Catch BasinsVO I 8 CB Cleaning\Olson Brothers\Contract_Draft 201 8 Catch Basin Maintenance doc
Page l6 of16
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Trave ers Casualty and Surety Company of Amer ca
Travelers Casualty and Surety Company
St. Pau F re and Mar ne Insurance Company
POVI'ER OF ATTORNEY
KNOW ALL fEN BY THESE PRESE TS: That TraveleE Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine lnsurance Company are corporations duly oEanized under lhe laws of the State of Connec'ticut (herein colledively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Carley Espirltu, of Tac-ma, Washington, their true and lawful
Attomey-in-Fac't to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature ther€ot on bshalf ot tha Compani6 in their business of guaranteeing the fidelity of peGons, guaranteeing thE perfomance of contracts
and ex€cuting or guaranteeing bonds and undeiakings required or permitEd in any aclions or proceedings allovv€d by law.
lN WTNESS WHEREOF, the Companies have caused thb inskument to be signed, and theircorporate seals to be hereto afiixed, this 3rd day of Fobruary,
2017.
State of Connecticut
City of Hartford ss.
Attorney
By
On this the 3rd day of Fobruary, 2017, before me pelsonally appeaGd Robort L, Ranoy, who acknowledged himself to be the Senior Vice President of
Tr8velers Casualty and SuEty Company of America, TraveleB Casualty and Surety Cornpany, and St. Paul Fire and Msrine lnsurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrumer for the purposes therein contained by signing on behalf ofthe corporaliona
by himself as a duly authorized officer
ln Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021
Marib C. Tetreault, Notary Public
This Po^€r of Attomey is granted undsr and by the authoity of the following resolutions adopted by the Boards of Direc{ors of Travelers Casualty and
SuEty Company ofAmerica, Trar€lers Casualty and SurBty Company, and St. Paul Fire and Marina lnsurance Company, which resolutions ara now in
full torce and effed, Eading as follovys:
RESOLVED, that the Chaiman, the Presidenl, any Vice Chaiman, any Executirre Vice Pcsident, any Senior Vice President, any Vice President, any
Second Vica President, lhe Treasurer, any AssBtant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fac't and
Agenls to ac't for and on behaf of the Company and m8y giw such appointee such authority as his or her certificate of authotity may proscribe to sign with
the Companys name and s6al yyith the Company's seal bonds, recognizances, contracis of indemnity, and other writings obligatory in the nature of a
bond, Ecognizance, or conditional undertaking, and any of said ofrcers orthe Board of Direclors at any time may remove any such appoinlee and Evoke
the polwr giwn him or her; and it is
FURTHER RESOLVED, that the Chairman, the Pr$ident, any Vica Chairman, any Executive Vice President, any Senior Vice President or any Mce
PresidEnt may del€gate all or any part of the foregoing authority to one or mole oficeB or employses of this Company, provided that each sudr delegation
is in writing and a copy thereof is filed in the ofiics ofthe Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, r€cognizance, or conditional
undertaking shall be valid and binding upon the Compsny when (a) signed by the Presidenl, 8ny Vice Chairman, any Executilre Vice President, any Seniot
Vice President or any Vice Presiilent, any Sgcond Vice President, the Treasursr, any Assistant TEasurer, the CorporaE Secretary or any Assistant
Secretary and duly atigst€d and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fac{ and Agents puBuant to th€ power prescribed in his or her cediticate or their ceiificates of authority or by one or mole
Company oftcers purEuant to a written delegation ot aulhority; and it is
FURTHER RESOLVED, that the signature of each ofthe following ofiicers: President, any ExecutivE Vice President, any SeniorVice Pr€sident, any Vice
President, any Assistant Vice PEsident, any SecEtary, any Assistant Secretary, and the s€al of the Company may be affixed by facsimile to any Po,{er
of Altornsy or lo any certificate Elating thereto appointing Resident Vrce Pr$idents, Resident Assistant Sesetaries or Atomeys-in-F8d for purpos$ only
of sxecuting and attesting bonds and unde akings and otherwritings obligatory inthe naturethereot and anysuch Povyer otAttomey or certificate bearing
such facaimile signature or tacsimile seal shall bs valid and binding upon the Company and any such pourer so executed and certified by such facsimile
signature and facsimile sealshallbe valid and binding on ths Company in the future with rssped lo any bond or understanding to which it E attached.
l, Kevln E. Hugh€s, the undersEned, A$istant Secretary of Travelers Casualty and Surety Company of Americ€, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine lnsurance Company, do hereby cediry that the above and bregoing is a true and coned copy of thB PowEr of
in fullfo
@ePresident
hnq^^-l- C trF\rarLLt
said
day of I
rKevin g. nughes, Assi3tant Secretary
To verify tfie autfienficity of tfiis Power of Attomey, please all us at 7-8OO427-38O.
Please rcfer to the above-named Attomey-in-Fact and tfie details of the bond to which tfie power is athched.
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Dated this
RELEASE OF RETAINAGE BOND OF CONTRACTOR
Bond No. 106974887
KNOW ALL MEN BY TFIESE PRESENTS: That we olson Brothers Pro-Vac LLC
(hereinafter called Principal),and Travelers Casualty and Surety Company of America a corporation
organized and doing business under and by virtue of the laws of the state of Connecticut
and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds
or undertakings required and authorized by the State of Washington, (hereinafter called Surety),
as Surety, ilE held firmly borrnd unto City of Port Orchard (hereinafter
called Obligee) in the j ust and fulI sum of Three Thousand Four Hundred Seventy-five And 52ll00THS
63,475.52 ) plus 5Y, of any increases in the confract arnount that have occured or may
occur, due to change orders, increases in the quantitiesor the addifion of any new item of work
THE CONDITIONS OF THIS OBLIGATIoN ARE SUCH THAT, Whereas, the said Principal on
ttre 25 day of oq , 2018 entered into a written conhact vuith the said
obligee fbf 2018 Stormwater Catch Basin & Pipe Maintenance, Public Works Project No 201 8-020, Small Works Contract No 073- I 8
which said contract is hereby referred to and made a part hereof by reference.
WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release
of retained percentage earned or which may be earned under said contracl and,
WHEREAS, the obligee is willing to release retained percentage in advance of contact terms
relating to payment provided the principal shall file bond to indemniff the obligee for all loss,
cost or damages which the obligee may sustain by reason of payment of retainage to the
principal, which bond shall be subject to all claims and liens in the same marner and same
priority as apply to the retainage percentage released, or to be released,
NOW, TIIEREFORE, the condition of this obligation is such that if the principal shall indemniff
the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of
retained percentage to the principal then this obligation shall be null and void unless otherwise to
remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this 8th ,day of october. , 2018
Olson Brothers Pro-Vac, LLC
By:
Principal
and S any of America
Espiritu
By:
Car
Attorney-in-
Trave ers Casua ty and Surety Company of Amer ca
Travelers Casua ty and Surety Company
St. Pau F re and Mar ne Insurance Company
POflER OF ATTORI{EY
KNOW ALL EN BY THESE PRESE TS: That TraveleB Casualty and Surety Company of Amerba, Travelers Casualty and SuEty Company, and St.
Paul Fire and Marine lnsurance Company are corporations duly organized under the laws of the Stat€ of Connecticut (herein colledively called the
"Companies"), and that the CompaniEs do hereby make, constitute and appoint Cerley Espiritu, of Tacona, Washington, their true and lawful
Attorney-in-Fact to sign, arecuta, seal and acknowledgo any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf ot the Companies in their business of guaranteeing the fidelity of peBons, guaranteeing the performance of contrads
and executing or guaEnEeing bonds and undedakings required or permitted in any adions or proceedings allo,r'€d by law.
lN WTNESS WHEREOF, the Companies have caused thb instrumentto be signed, and their corporate seals to be hereto afixed, this 3rd day of February,
2017.
State of Connecticut
City of Hartford ss.
By H
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who ackno$rledg€d himself to bs the Senior Vice PresidEnt of
Travelers Casualty and Surety Company of America, TraveleB Casualty and Surety Company, and St. Paul FirB and Marine lnsurance Company, and
thst he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf ofthe corporations
by himself as a duly authorized officer.
!n Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June,2O21 fflqn^,r- C trfuau,t-*
This Po!rer of Attorney b granted under and by lhe authority of the following resolutions adopbd by th6 Boards of Diredors ot TrarreleE Casualty and
Surety Company ot America, Tlawlers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, wttich resolutions are now in
full brce and effed, reading as tollo|s:
RESOLVED, that the Chairmsn, the PrBsident, any Vice Chaiman, any Executir€ Vice President, any Senior Vice Ptesident, any Vice Prasident, any
Sscond Vice Presidsnt, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any A$istanl Secretary may appoint Anorneys-in-Fact and
Agents to ad for and on behalf of the Company and may give such appointee such authority as his or her cediFrcate of authority may prescribe to sign with
the Company's name and seal with the Companys seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undedaking, and any of said ofiicers orthe Board of DiredorE at anylime may remove any such appointee and revoke
the pou/er given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Pr€sident, any Senior Vice President or any Vice
President may delegate all or any pad of the foBgoing authority to one or morc offcers oremployees of this Company, provided that each such dslegation
is in writing and a copy thereof is filed in the offce ofthe Secretary; and it is
FURTHER RESOLVED, that any bond, r€cognizance, contrac't of indemnity, or writing obligatory in the nature of a bond, rBcognizance, or conditional
unde aking shall bs valid and binding upon the Company when (a) signed by the Pr$ident, any Vice Chairman, any Executirre Vice President, any Senior
Vice President or any Vice Plesirent, any Second Vrce Pr$ident. the Treasurer, any Assistant Treasursr, the Corporate Secretary or any A$istant
SecEtary and duly attested and sealed with the Companys se8l by a Seqetary or Assistant Secretarl or (b) duly executed (under seal, if requir€d) by
one or more Attorneys-in-Facl and Ag6nt8 purEuant to the povver prescribed in his or her cerlificate or their certificabs of authority or by one or more
Company oficers pursuantto a ryritten delegation of authority; and it is
FURTHER RESOLVED, that the signature of sach ofthe following oftceE: President, any Executive Vice President, any SeniorVice President, any Vice
President, any Assbtant Vice Pr$ident, any Secretary, any Assislant Secretary, and the seal of the Company may be affx€d by facsimile to any Power
of Attorney or to any certificate relating thersto appointing Resident Vice PEsidents, R$ident Assistant SgcrBtaries orAttorneF-in-Fad for purposes only
ofexecuting and atbsting bonds and undertakings and otherwritings obligatory in the nature thereof, and any such Po$,er of Attomey or cediticate bearing
such facsimile signature or facsimil€ ssal shall be valid and binding upon the Company and any such power so er(ecuted and certified by such facaimils
signalure and facsimile seal shall be valid and binding on the Company in the future with resped to any bond or understanding to which it is attached.
l, Kevin E. Hughca, the uodersign€d, Assistant Secretary of Travelers Casualty and Surety Company of America, Tra!€lers Casualty and Surety
Company, and St. Paul Fire and Marine lnsurance Company, do hereby certify that th€ above and foregoing is a true and corsct copy of the Porver of
Attorney executed by said Companies,which remains in fullforce and effect.
day of
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To verify tfie autfienficiry of this Power of Attorney, plea* call us at 7-8OO427-3ffi0.
Please rcfer to the above-named Attorney-in-Fad and Ap details of the bond to which lhe power is attached.
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