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012-22 - Resolution - Use of Retainage Bond for ACI ConstructionRESOLUTION NO.012-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE USE OF A RETAINAGE BOND IN THE ACI CONTRUCTION CONTRACT IN LIEU OF THE CITY HOLDING RETAINAGE CONSISTENT WITH RCW 60.28.011. WHEREAS, in early 2021, the City Council authorized the Sidney Avenue Sewer Repair Construction Project to make time -sensitive repairs to the sanitary sewer infrastructure and sidewalk and pavement repairs from Dekalb Street to Kitsap Street; and WHEREAS, on April 13, 2021, the City Council authorized Contract No. 036-21 with ACI Construction for the Project in the amount of $358,358; and WHEREAS, in July 2021, the City Council increased the change order authority for the project by up to $135,000.00 to address anticipated cost overruns and avoid unnecessary delays; and WHEREAS, the Contractor has requested to post a bond in lieu of the City holding retainage, so that the Contractor may receive full payment from the City including retainage; and WHEREAS, Staff has discovered that complete retainage forms, including the option to utilize a Retainage Bond, was not included within the Contract and recommend that the City accept a Retainage Bond to cure the deficiency; and WHEREAS, RCW 60.28.011(6) specifically allows a contractor to submit a bond for all or any portion of the contract retainage in a form acceptable to the City, unless the City can demonstrate good cause for refusing to accept the Retainage Bond, and such cause is not present under this contract and bond request; and WHEREAS, the City Council finds accepting a retainage bond to be consistent with the intent of state statutes; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorized the Public Works Director to accept a Retainage Bond in lieu of withholding retainage consistent with RCW 60.28.011. THAT: The Resolution shall take full force and effect upon passage and signatures hereon and shall be automatically rescinded without further action of the City Council upon completion of the Sidney Avenue Sewer Repair Construction Project. Resolution No. 012-22 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of January 2022. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk