079-18 - Pumptech, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K
CONSTRUCTION CONTRACT NO. C079.18
PUBLIC WORKS PROJECT NO. 2018.024
THIS Agreement is made effective as of the 29th day of November, 2018, by and between
ctTY 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
PUMPTECFI, INC. ("CONTRACTOR")
12020 SE 32'd St Ste 2
Bellevue, WA 98005
Contact: Steveskogmo Phone:425.644.8501 Email:sskogmo@purnptechnw.com
for the lollowing Project:
Melcher Pump Replacement ("PROJECT")
The City and Contractor agree as follows:
l. Contract Docurnents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The follolving documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (l-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 issucd aftcr execution of
this Agrccment;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Docutnents a-f.
City s7pu,'t Orcharclancl PumpTech, Inc
P ublic l'llorlis P t'oject No.20 I 8-02 4
Small l'ltorks Conlt'acl No. C079-18
Page I of 17
Rev l/29l18
The intent of the Contract Documents is to include all items necessary for the proper executiorr
and completion of the Worl< by the Contractor. These Contract Documents complement eaclr
other in describing a complete work. Any requirement in one document binds as if statecl in all.
The Contractot' shall provide any work or materials clearly irnplied in the Contract even il't6e
Contract does not mention it specifically.
2. Date of Com nellcement ancl Substantial Completion Date. The date of commencemelt
shall be Novetnber 291h,2018. The Contractor shalt substantially complete the Work not
later than Deeernbe+3t129+S, subject to adjustment by change orcler.
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3. l'he Contractor shall do all work and furnish all tools, materials, and equipment i1
accordatrce with the above described Construction Contract Dclcuments. The Contractor shall
provicle attd bear the expense of all equipnrent, vvork, and labor of any sort whatsoever that
rnay be required fol the tralrsfer of matcrials and for constructing ancl completipg of the worl<
provided for in these Constructiott Contract Docurnents, except those items mentioned
therein to be furnished by the City.
4. Subject to additions and deductions by change orcler, the construction Contract Sum is the
base bid amottnt of $8,610.98 (including applicable sales tax). The construction Contract
Sum shall include all items and services necessary for tlre proper execution and completion
of the worl<. The City hereby promises and agrees with the Contractor to employ, ancl cloes
employ the Contractor to provide the materials and to do ancl caLrse to be done the work
described irr the Construction Contract Documents and to complete ancl finish the same
according to the plans and specifications and the tenns and condiiions 6erein contained; and
hereby contracts to pay for the salne at the time and in the mannet.and upon the conditions
provided for in this Contract.
5. The Contt'actor agrees to comply with all state ancl federal laws relating to the employment oflabor and wage rates to be paid. The Contractor agrees to furnish insurance of the types a,d
in the amottnts set forth in the Construction Contract Documents.
6' The Contractor agrees to lepair and replacc all property of the City aud all property of others
damaged by himself, his employees, and sub-contr.actors.
7. 'l'he Contractol lor himself and fbr his heirs, executors, adrninistrators, syccessor.s, and
assigt.ts, does hereby agree to the full perfblmauce olall the covenants herein upon the par.t of
the Contl'actor.
8 It is furthcr provided that no tiability shall attach to the City of port Orchard by reason ofenteling into this Constructiott Contract, except as expressly provicled herein.
C'it1, s7 pt,l Orchat'd and Pmnp'l'ech, lnc
Pu bl ic' ll;orks Projecl ltto. 20 I 8-02 4
Snull ll'orks Contruct I'o. C079-t8
Page 2 of 17
Rev 1l29ll8
lN WITNESS WHE,REOF, tlte parties lrereto have caused tlris contract to be duly
executcd orr the date first written above.
CITY OF PORT ORCHART)CONTRACTOR
Robert Mayor
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APPROVED AS TO FORM:
Cates,
Citl, sY pt,', Orchard und PunpTech, lnc
Public ll'ork.s Project No. 20 I 8-02 I
Snrull ll'orks C'ontract h'o. C079-18
Page 3 of 17
Rev l/29118
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CERTIFICATE AS TO CORPORATE PIIINCIPAL
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Signer))certify that I am the
Titl e)of the ctl rati on named as the Contractor in the Agreement attached hereto; that
(c,onlracl S'igner) who sign ed said Agreement on behalf
(Corporate Title) of saidof the tractor, was then
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
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Cig, sl po,'t Orchurd and PunpTech, lnc
P ttbl ic ll'ork.s Pt'oject No.20 I 8-02 4
Snrull ll/ork,s Contracl l\to. C079-18
Page 4 of l7
Rev l/29l18
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CITY OF PORT ORCHARD
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, 20ltl edition, together with the APWA
Sr,rpplement (Sectiorr I-99), as issued by the Washinglon State Department of Transportation and
Americalt Public Works Association, Washington State Chapter, hereinafter referred to as the
"standat'd specifications". The standard specifications, except as they rnay be modified or'
superseded bythese provisions, shall govenr all phases of workunderthis Contract, and they are
by reference made an integral part of these specifications and Contract as i[herein I'ully set fbrth.
When the provisions of the standard specification conflict lvith the terms and conditions as
contained herein, the tclrns 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 statc. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term'oCity" 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 teceives a
contract executed by the City. "Bidder" lncans the person, firm or corporation that has made an
offer in response to thc invitation to bid. "Work" means the construction and services required by
the Contract Docurnents, whether completed or partially completed, and includes all other labor,
rnaterials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor' s obl igation.s.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State
certificate of registration per chapter 18.27 RCW; a current state unified business identifier
number; and if applicable, industrial insurance coverage for the bidder's employees working in
Washington, an Ernployment Security Department number, and a state excise tax registration
number. ln addition, the bidder rnust not be disqualified fiom bidding on any public works
contracts rrnder RCW 39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state larv.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fi'inge 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
takcn into consideration when preparing their bid according to these specifications. The
Contractor shall complete and file State of Washington, Department of Labor & Industries,
Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall
familiarize itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachrnent entitled "lnsurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
Ciry of Port Orchard and PunrpTech, Inc
P u bl ic ll/orks P t'oject No.20 I 8-02 4
Snrull lYorks Contract No. C079-18 Rev l/29l18
Page 5 of 17
7. PROJECT COMPLIANCE: In cornpliance with the request for quotation, Bidder hereby
pl'oposes to pelform all wolk for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set fbrth herein with the understanding that tirne is of the
essence in the peformance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable,
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all perrnits, inspection fees, and fees
required in thc perfot'mancc of this Contract, including those charged under RCW 39.12.070by
the Depattment of Labol and Industlies for the approval of statements of intent to pay prevailing
wages and the certificatiou of affidavits of wages paid, etc. The Department may also charge fees
to pet'sons or organizations requesting the arbitLation of disputes under RCW 39,12.060. 'l'he
Coutractor is responsible fol all fees resulting from these statutes.
I l. CONTRACT: The Contract, when ploperly signed, will be the only form that will be
recognized by the City as alr award. The executed Contract supersedes all previous
comtnunications 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 mal<e any changes, alterations, or variations ilr the terms of the Contract without the
writtcn consent of the City. No tclms statcd by thc Biddcr in its proposal shall bc binding on the
City unless accepted in writing by the City. The successfirl bidder may not assign the Contract
resulting from this invitation to bid without the City's plior written consent. No waiver by the
City of a breach of any plovision 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 cornply with the following
procedure to document and reflect a change in the Wolk: (a) The pafty requesting the change
shall write a description of the change and give the description to the other party (the "Change
Notice"); (b) Before ploceeding with the change in Work, unless otherwise excused by
clxcl'gcncy, the Contractor shall providc thc City with a fixcd-pricc wlittcn estimate of the cost
and time irnpact of the change in Work; and (c) The City and the Contractor shall execute a
Change Order confirming their agreement as to the cliange in Work, the fixed-price cost, and the
extension of the Substantial Completion I)ate, if any. If the change in Wolk cannot be
performed on a fixed-price basis, the Change Ordel 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 agreernent on adjustrnent, if any, i1 the Contract Suur or
Substantial Completion Date, or both. l-he City rnay 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 Cornpletion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the tenns of a Change Order. Upon receipt of a Charrge Directive, the Contractor shall pronptly
proceed with the change in the Work and advise the City of its agreernenl or disagreement with
the proposed rnethod for detel'rnining the proposed adjustment in the Contract Sum and/or
Substantial Cornpletion Date, if any, providcd in thc Changc Dircctivc. A Change Directivc
signed by the Contractor indicates agl'eement with all tenns set forth in the Change Directive.
Cit1, s7po,'t Orchard and PunpTech, Inc
Public I'Yorks P roject No. 20 I 8-021
Snall ll/orks Corttracl No. C079-18 Rev ll}gllg
Page6of17
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 tlre Contract Sum and/or'
Substantial Cornpletion Datc, if any, thcn e ithcr 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 Cornpletion Date and not inconsistent with the Contract documents. The Contractor
shall promptly carry out such rvritten orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: Thc Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to
indernnify and defend the City against any loss, cost, liability or datnage, includitrg reasonable
attorney's fees, by leason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendercd or performed under this Contract will be
rendered or perfolmed entircly at the Contractor's own risk. The Contractor shall defend,
indemnify and hold tlre City, its officers, officials, employees and volunteers harmless from any
and all claims, injulies, damages, losses or suits including attorney fees, arising out of or in
connection with the perfonnance 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 4.24.1 15, then, in thc cvcnt of liability for damages arising out of bodily
injury to persons or damages to properly caused by or resulting from the concurrent negligence
of the Contractol and the City, its officers, officials, employees and volutrteers, 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 tndustrial Insurance, Title 5l RCW, solcly for thc
purposes of this indemnification. This lvaiver has been rnutually 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 thc 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 sirnilar products or set'vices; 3) for cottvenience of
the City; or 4) by the City for non-appropriation of ftrnds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract betwccn thc parties by
providirrg notice to the Contractor. Upon termination under this section: l) All remaining
obligatlons of the parties al'e discharged, but any right based upoll breach or performance
occtrrring prior to termination survives; 2)lf tlte reasonable costs of perlormance incurred by the
Contractor prior to termination exceed the amount paid by the City to the Contt'actor on the
Contract Sum, the City shall reimburse the Contractor in thc 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 priol to terrnination, the Contractor shall reimbr.rrse 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 payrnent and consideration for the
services performed by the Contractor prior to tcrmination.
Citlt 6f po,t Orchard and PuntpTeclt, Ittc
P ublic lllorks Project No. 20 I 8-02 4
Small llrot'ks Contracl No. C079'18
Page 7 of 17
Rev l/29l18
19. COMPLIANCE WITH TERMS: Tlre City may at anytime 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 attd provide thern to the
City along with rnonthly invoices in a format acceptable to the City fol work pet'formed to the
datc of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper
invoice. If the scrvices rendered to not rneet the requirements of tlre Contract, Contractor will
correct or rnodify the work to comply with the Contract. City may withhold paymetrt for suclr
work until the work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, thc 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. EitheL party rnay give the other party
written notice that a dispute exists (a "Notice of Dispute"). The Notioe of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
tlre parties shall meet at a mutually acceptable tirne and place and attempt to rcsolve the dispute;
(b) If the parties al'e unable to resolve the dispute, they rnay elect to submit tlre dispute to
rnediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be
selected by the mutual agreement of the palties; (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 operativc construction
rules of JAMS. The parties may select an arbitrator by rnutual 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.
22. WARRANTY: Contlactor shall provide a one (l) year warranty for the rvork and
improvernents installed by Contractor pursuant to the Contract, subject to the following terms
and conditions: Contractor agrccs that the work and improvements installed pursuant to the
Contract shall rernain free from defects in material, workmanship and installation (or, in the case
of landscaping, shall survive,) for a period of twelve (12) rnonths after writtcn and final
acceptance of the sarne and approval by the City. Maintenance is defined as acts carried out to
prevent a declinc, lapse or cessation of the state of the ploject or improvements as accepted by
the City during the twelve (12) month pcriod after final and written acceptance, and includes, but
is not limited to, repair or replacement of defective worknanship, materials or installations.
Contractor shall, at its sole cost and expense, carefully replace and/or repail any damage or
defccts in workmanslrip, materials or installation to the City-owned real property on which
improvements have bccn installed, and leave the same in as good condition as it was befole
commerlcement of the work. City and Contractor agree that in the event any of the
improvements or restoration work installed or completed by Contractor pursllant to the Contract
fail to remain fi'ee ft'om defects in rnaterials, workrnanship or installation (or in the case of
landscaping, fail to survive), for a period of twelve (12) months from the date of
approval/acccptance of the work by the City, Contractor shall repail and/replace the salne within
ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall:
CitS, s1'pt,'l Orcltqrd and PumpTeclt, htc
P u blic ll;orks P t'ojecl No. 20 I 8-02 4
Snrull l'l/orks Contract No. C079-18
Page 8 of l7
Rev l/29l18
1. Witlrin twenty (20) days of dernand of the City, rnake lvritten cotnmittnent to the
City that it will either:
rernedy the default itself with reasonable diligence pursuaut to a tirne schedule
acceptable to the City; or
b)tender to the City lvithin an additional ten (10) days the amount necessaty, as
determined by the City, for the City to remedy the default.
2, In the event Contractor fails to make repails or provide maintenance ''withirr the tirne period
requested by thc City, then the City, its ernployees and agents shall have the riglrt at the
City's sole election to enter onto said property desclibed above for the purpose of repailing
or maintaining tlre irnprovements. This provision shall not be construed as crcating an
obligation on the part of the City ol' its leprcscntatives to repair or maintain such
impt'ovemettts.
Any con.ectiols lequrirecl by the City shall be commenced rvithin ten (10) days of notification by the City and
completed within thirly (30) days of the date of notification. If the work is not performed in a timely lnannel',
the City shall have the right, without recoursc to legal action, to take such action as described above. No
change, extension of time, alteration or addition to the work to be perfbrrned by Contractor shall affect the
obligations of Coltractor uncler this warranty. ln addition, Contt'actor shall perfonn a walk+h'ough with City
repr.esentative(s) one (l) year after final acceptance of the project to deterrnine if arry t'cpairs or tnaintellance
foi defective workrnanship, rnaterials, or installations is required. If so, such repait's and maintenance will be
undertaken by Contractor pursuant to the tirnelirre and procedttres described above.
a)
Cit1, e7 po,'l Orchard and PuntpTeclt, Ittc
Publ ic l'l/orks Proiect No. 20 I 8-02 4
Small ll'orks Conlracl No. C079-18
Page9oflT
Rev ll29l18
CITY OF POR'I'ORCHARD
INS URAN C E REQ U IREMENTS
The Contlactor shall procurre and rnaintain for the duration of thc Contract with the City,
insurance against claims fol injuries to persorls or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
rcpresentatives, employees and sttbcontractors.
No Lirnitation. The Contractol''s maintenance of insulancc, its scope of coverage and lirnits as
required herein shall not be construed to lirnit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to arry remedy available at law
or in equity.
Minimum Scope of Insurance. 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 writterr on lnsurance Serviccs Office (lSO) folrn 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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Corttmercial General LiabiliD, insurauce shall be written on ISO occlrrrence form CG 00
0l and shall oover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, persorral injury and advertising
injury and liability assumcd under an insured contract. The Commercial General
Liability irrsurance shall be endorsed to provide the Aggregatc Pcr Project Endorsement
ISO folm CG 25 03 I I 85 or an equivalent endorsement. There shall be no endorscmcnt
or rnodification of the Commercial General Liability Insurance for Iiability arising from
cxplosion, collapse or underground property damage. 'l'he City shall be narned by
endorsement as an additional insured under the Corrtractor's Commelcial General
Liability insulance policy with respect to the work pcrformed for the City using ISO
Additional Insured endot'sernent CG or substitute endorsements providing equivalent
covel'age.
Workers' Compenscttion coverage as required by the Indr.rstrial Insurance laws of the
State of Washington.
c Builders ^Risk iusurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy
fortn and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthqualce, theft, vandalism, malicious rnischief, collapse,
temporary buildings and debris temoval. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrencc, which will be the responsibility of
the Contt'actor, Higher deductibles for flood and earthquake perils may be acccpted by
the City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by tlre City will remain the responsibility of the
Cigt of po,'l Orchard and PunrpTech, Inc
Public I'l''orks P roject No.20 I 8-02 4
Snrull lflorks Contract ]t'o. C079-18 Rev l/29118
Page l0 of l7
Contractor. The Builders l{isk insurance shall be maintained until final acceptance of the
work by the City,
Employer''s Liabilio, insurance limit of $1,000,000 each accident, Employer's Liability
Disease eaclr employee $1,000,000 and Employer's Liability Disease - Policy limit
$ I ,000.000.
Minimum Amounts of Insulance.The Contractor shall maintain the following itrsut'ancc limits:
Atttomobile LiabiliD, insurance with a minimum combined sirrgle limit for bodily injury
and property damage of $ 1,000.000 per accident.
Commercial General Liohility insurance shall be written with limits no less thart
$ 1,000,000 each occurrencc, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate I imit.
Builders Risk insurance shall be r,vlitten in the amount of the cornpleted value of the
project with no coinsurance provisions.
Other Insurance Provisions. The Contractor's Automobile Liability, Cornmercial 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-insut'ance or insurance pool
covel'age maintained by the City shall be excess of the Contractor's insttrance and shall not
contribute with it. If arry coverage is written on a "claims made" basis, then a minimum of three
(3) year extended repofling peliod shall be included with the claims tnade policy, and proof of
this extended reporting period provided by the City.
Contractor's Insttr for Other Losses.The Contractor shall assumc full rcsponsibility for all
loss or darnage from any cause whatsoever to auy tools, including but not limited to the
Contractor''s ernployee-owned tools, machinery, equiprnent or tnotor velricles owned or rented
by the Contractol', or the Contractor's agents, suppliers or cotrtractors as well as any temporary
structurcs, scaffolding and protective fences.
Waiver o f Subrogation. The Contractor waives all ri ghts against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, fol damages catlsed by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insulancc Rcquirements Section of the Contract or other property iusurance
applicable to the work. The Contractor's insurance shall be cndorscd to waive the right of
subrogatiol against the City, or any self-insurance, or insurance pool coverage maintained by the
City. 'l'he City will not waive its right to subrogation against the Corrtractor. The Contractor's
insurance shatl be endorsed acl<rrowledging that tlre City will not waive its right to subrogation.
Acceptabili of Insttrers.Insurance is to be placcd r,vith insurers with a cttrrent A.M. Best rating
of not less tharr A:VII.
a
a
a
a
Cit1, 67 po,t Orchard and PuntpTeclt, Inc
Pu blic l'l'orks P roject ltto. 20 I 8-02 I
Small ll'orks Contract Aro. C079-18
PagelloflT
Rev l/29l18
Verification of Coverase.The Corrtlactor shall [urnish the City with original cerlificates and a
copy of the amendatory endolsernents, including but not necessarily lirnited to the additional
insured endorsernent, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before colnrnencement of the work. Beforc 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, tenns and eudorsetnents related to this
project.
Subcontractors. The Corrtractor shall have sole responsibility for deterrnining the insut'ance
coverage and lirnits required, if any, to be obtained by subcontractors, which determination shall
bc rnade 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 wlitten 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,
procllre or renew such insurance and pay any and all prerniums in connection therewith, with any
sulls so expended to be repaid to the City on dernand, or at the sole discretion of the City, offset
against funds due the Contractor frorn the City.
Cily oJ'Pot'l Orchard and PuntpTech, Inc
Publ ic I'l''orks Project No. 20 I 8-02 4
Small I'l/orks Contract ltto. C079-18
Page 72 of 17
Rev l/29l18
CITY OF PORT ORCHARD
DBCLARATION OF OPTION FOR PERFORMANCtr
I}OND OR ADDITIONAL RETAINAGE
Note; Thi,s fortn musl be subnrilted at the lime lhe Conlroclot'exeatles lhe Controcl. The
Contrcrclor shall clesignute the option desired b,checking tlte oppropriole spoce.
The Contractor elects to:
(l) Furnish a performance bond in the arnount of the total contract sttm.
An executed perforrnance bond on the required fortn is included rvith the executed
contract docutttents.
(2) Have the City retain, in lieu of the perforrnance and payntent bonds,
ten percent (10%) of thc total contract arnount for a period of thirty days a fter date
of final acceptance, ot' until receipt of all necessary releases from the departtncnt
of revenue and the department of labor and ittdustries and settlement of any liens
filed undcr chapter 60.28 RCW, 'uvhichever is later. RCW 39.08.01 0.
ln choosirrg option 2, the Contl'actor agrees that if the Contractor, its heirs, executors,
administlators, ssccessol's, or assigns, shatl in all things stand to and abide by, ancl welland trtrly
l<eep ancl 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 ftrlfill all
ihe sndertakipgs. covenants, terms, conditions and agreements of any and all drrly authorized
modifications of the Contract that may hereafter be made, at the time and in the manner therein
specified, arrd shallpay all laborers, mechartics, subcontractors, and materialtnen, and all persons
who shall supply such person ol'persons, ol'subcontractors, lvith provisions and supplies for the
carrying on of such worl<, on his or her part, and shall defend, indemnify, and save hartnlcss the
City of Port Orchard, Washington, its offlcers and agents fi'orn any clairn for stlch payment, then
the funds r.etainecl in lieu of a perfonnance bond shall be released at the time pl'ovided in said
option 2; otherwise, the funds shall be retained until the Contractor ftrlfills the said obligations.
Conl t'ctcfot 'gnalure,Dote /2./g
Bond No.
Citl'of I'ort Orchord ond Pump'fech, Inc
Publ ic ll'orks Proiect hto. 20 I 8-024
Smqll ll'orks Contract No. C079-18
Page 13 of I 7
Rev l/29l18
)
(
ta--
PERFORMANCE AND PAYMtrNT BOND
CITY OF PORT ORCHARD
MtrLCHER PUMP RBPLACEMBNT
CONTRACT NO. - C079.18
Bond to City of Port Orchard, Washington
Bond No,
We,
(Principal)(Sulety)
a Corporation, and as a surety corporation authorized to become
a surety upou Bonds of Contractors with rnunicipal corporations in Washington State, aLe jointly and
severally bound to the City of Port Orchard, Washington ("Olvner"), in the penal sLlm of
the payment of which sllm, on demand, we bind ourselves and oul successol's, heirs, adtninistrators,
execrrtors, or personal representatives, as the case rnay be. This Pelfonnance Bond is provided to secut'c
the perfon'llance of Principal in connection with a contract dated 20-, between Principal
arrd owner for a project enritled MELCHER PUMP REPLACEMENT contlact No. C079-18
("Contract"). The initial penal surn shall equal 100 percent of the Total Bid Price, including sales tax, as
specified in the Proposal submitted by Plincipal.
NOW, THEREFORE, this Performance and Payrnent Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully perfonns all provisions of the Contract and changes authorized by Ownel in the manner
and withirr the tirne specified as lnay be extended under the Contlact;
Pays all laborers, rnechanics, subcontractors, Iowel tier subcontractors, material persolrs, and all other
persons or agents who supply labor, equiprnent, or materials to tl-re Project; and
o Pays the taxes, increases arrd penalties incun'ed on the Project under Titles 50, 5l and 82 RCW
on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or'(B) Projects for which the bond is
conditioned on the payrnent of sLrch taxes, increases and penalties.
The surety shall indernnify, defend, and protect the Owner against arry claim of direct or indirect loss
resulting fi'orn the failure:
Of the Principal (or any of thc ernployees, subcontractors, or lower tier subcontraotors of the
Principal) to faithfully perform the contract, or'
Of the Principal (or any surbcontractor or lowertier subcontractor of the Principal) to pay all laborers,
rnechanics, subcontractors, lower tier subcontractors, rnaterial person, or any other pelson who
provides supplies or provisions for carrying out the work.
The liability of Surcty shall be limited to the penal sum of this Perfonnance and Payrnent Bond.
Principle and Surrety agree that if the Owner is requircd to cngage tlre services of an afforney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or
not suit is comrnenced, in addition to the penal sum.
aud
Citlt slpt,'t Orchard and PumpTech, Inc
P ubl ic l'l"orks P roject ;\to. 20 I 8-024
Snrull llrorks Conlract No. C079-18
Page l4of17
Rev ll29l18
Dollars ($ ),
No change, extension of tirne, alteration, or addition to the tenns of the Contract or to the Work to be
perfblrned under the Coutract shall in any nay affect Snrety's obligation on the Perfortnattce Bond.
Surrety hereby waives rrotice of any change, cxtcnsion of time, alteration, or addition to the terms of the
Contract or the Work, with the exception that Surety shall be notified if the Contract tirne is extended by
more than twenty petcent (20%).
If any rnodiflcation or change iucreases the total amount to be paid undel' the Contract, Sttrety's
obligation under this Pelfornlance aud Payment Bond shall autornatically increase in a Iike arnount. Any
suclr incrcase shall not exceed twenty-five percent(25%) of the oliginal amount of the Perforrnance and
Payrnent Bond without the prior written consent of Surety.
This Performance and Payrnent Bond shall be governed and construed by tlre laws of the State of
Waslrington, and venue shall be in Kitsap Coutnty, Washington.
IN WITNESS WHEREOF, the parties have executed this instrurnent in two (2) identical cottnterpafts this
day of 20
Principal Surety
Signature of Authorized Official Signature of Authorized Official
By
Printed Name arrd'l'itle
Narne and addless of local office of
Agent and/or Surety Cornpany:
Attorney in Fact (Attach Power of Attorney)
Surety colnpanies executing boncls rnust appear on the curreut Authorized Insurance List in the State of
Washirrgton per Section l-02.7 of the Standard Specifications.
Cillt sf pt,'t Orchat'd uncl PuntpTech, Inc
Publ i c l'l"orks Pt'ojecl Ato. 20 I 8-02 4
Small l'llorks Contract No. C079-18
Page l5of17
Rev 1/29118
STATE OF
ACKNOWLEDGEMENT
Corporation, Partnership, or Inclividual
)
)ss.
COUNTY OF
On this day ol-,20-, before ure, the undersigned, a Notaly Public irr and for the
State of Waslringtorr, duly cornrnissioned and sworn, personally appeared
to me known to be the (check one of the following boxes):
n of
corporation,
the
thetrof
that
partnership,
individual,
executed the foregoing instrurnent to be the fi'ee and vol
partnership, E individual for the uses and pLlrposes
she lvas authorized to execrrte said instrurnent.
untaly act and deed of said n corporation,
therein rneutiotred, and on oath stated that he
WITNESS rny hand and official seal hereto affixed the day and year first above written.
Notarl, Seal rvith Ink Stamp
CitSt s1pt,'t Orchard and PuntpTech, lnc
P trblic ll'orhs Pt'oject No. 20 I 8-02 4
Small l'l"orks Contrect No. C079-18
Print or type name
NOTARY PUBLIC,
irr and for the State of Washington
Residing at
My Cornrnission expires:
Page l6 of l7
Rev l/29l18
)
for tlre State of Washirtgton, duly courrnissioned and sworn, personally
to rne known to be the of
STATE OF
)ss.
COUNTY OF )
On this _ day of
Notatl Seal rvitlr Irrli Strrntp
Ci\t s7pt,'l Orchard ctnd PumpTech, Inc
Publi c l'l''orks Project No.20 I 8-02 4
Snmll l'[/orks Cotrlt'ctcl No. C079-18
SURETY ACKNOWLBDGEMENT
20-, before me, the undersigncd, a Notary PLrblic in and
the
corporation that executcd the foregoing instrurrnerrt, and acknowledged the said instruntent to be the fi'ee
aud voluntary act and deed of said corporation, for the uses and purposes thercin rnentioned, and on oath
stated that I hr E she rvas autholizecl to execute said instrurnent.
WITNESS tny hand and official seal lrereto affixed the day and ycar first above written.
Print or type narne
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Cornrnission expires:
Page l7 oflT
Rev I129118
)