074-20 - Charon Drilling Inc. - ContractCONTRACT
CITY OF PORT ORCHARD
ALL #11 MODIFICATIONS AND TESTING AND DECOMMISSIONING OF WELLS
#1 & #2
CONTRACT NO. C074-20
THIS CONTRACT ("Contract") is made and entered into this 5th day of November .2020 ,
by and between the City of Port Orchard, a municipality incorporated and existing under tite laws of the
State of 'Washington, hereinafter caned the "City," and � � (�,� � � [ � t� � , hereinafter
called the "Contractor."
WITNESSETH:
That the Contractor, in consideration of the covenants, agreements and payments to be performed and
made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and
supplies required for, and to execute, construct and finish in full compliance with the Contract
Documents, WELL #11 MODIFICATIONS AND TESTING AND DECOMMISSIONING OF WELLS
# 1 & #2. The Contractor further agrees to perform all such Nvork for the Contract Price stated in the
Contractor's Bid Proposal dated 10/6/2020 attached hereto and incorporated herein by this
reference as if set forth in fifll.
The Contract Documents, duly identified, together with the Instructions to Bidders, a confirmed copy of
the Proposal made by the Contractor on 1(1/6/2020and the 2020 WSDOT Standard Specifications for
Road, Bridge, and Municipal Construction, as modified by Amendments and Special Provisions, are
hereby made a part of this Contract and are mutually cooperative therewith Time is of the essence of this
Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after
Notice to Proceed is issued and that all construction shall be complete within 60 working days after the
Notice to Proceed Date.
It is further agreed that the City will suffer damage and be put to additional expense in the event that the
Contractor shall not have the specified portions of the work completed in all its pails in the time specified,
and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly
convents and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown
in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is
not complete beyond the time shown in the Proposal.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42U.S.C. 2000d to 2000d4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affit7natively insure that its contracts
comply with these regulations.
Also, in accordance with Title VL the City is required to include the following clauses in every contract
subject to Title VI and its related regulations.
Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors
in interest agrees as follows:
City of Fort Ordwrd
NELL #11 MODIFICA770N & TESMU AND DFC0AAfISSI0NMG OF WELLS #1 & #
Project #Pif202&015 Remit #TAP COWAwt HC074-20 LIl 33
Cotttruet Dneumepus
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached
hereto and incorporated herein by this reference, including employment practices when this
Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this Contract and the Acts and the Regulations relative to Non-discrimination
on the grounds of rare, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-
discrimination provisions of this Contract, the City will impose such contract sanctions as it or the
FTIWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Contract until the Contractor complies;
and/or
2. cancelling, terminating, or suspending the Contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
Contractor understands that her/his bid response documents and any contract documents may be subject
to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose
such documents upon a request. Contractor acknowledges that s/lie has been advised to mark any records
believed to be trade secrets or confidential in nature as "confidential." If records marked as
"confidential" are found to be responsive to the request for records, the City as a courtesy to the
City ofPoil Orcluod
WELL #11 MODIPICATTON & TESM'GAND DECOMMISSIONING OF SPELLS #1 & #
Project #PW2020-016 Pemtit #TBD Conftwt MC074-20 LDd4
Conch l Domments
Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a
protective order from a Court Contractor acknowledges and agrees that any records deemed responsive
to a public records request may be released at the sole discretion of, and without notice by, tile, City. With
this Contract, Contractor is fiunishing a Corporate Surety Bond in the amount of
Dollars (S w) with as
Surety, to insure full compliance, execution and performance; of this Contract by the Contractor in
accordance with all its terms and provisions.
In the event of litigation, venue sliall be within Kitsap County, Washington.
IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed.
CITY OF PO T ORCHARD
By:
JR*r' y r JTV T&N
CONTRACTOR
L
Title:
Address: 12- 11 G t '2 Zq stE�Q -�_T
&akawi ILA !w2-?,s
ATTEST:
Brandy R.inearson, NVfC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, �UAp,�Pey
' SEAL I=
✓✓rr �' ��8 �F` � Gi� ���
A'���,�t��.
Cfry of Pon Orchard
WELL #II MODIFICATION & TESTWU AND DECOAWISSIONINO OF WHMS #I & #
Profed #PfEWIA016 Pennff 9M Conft t 74-2
Conh•ad Doenntenfs
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
WELL 11 MODIFICATION & TESTING AND DECOMMISSIONING OF WELLS 1 & 2 PROJECT
PW PROJECT NO. 2020-016
Bond to City of Port Orchard, Washington
Bond No. 107293958
We, Charon Drilling, Inc. 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 Ninety -Eight Thousand Two Hundred and 00/100
($ 98,200.00 lars
), the payment of which sum, on demand, we bind ourselves and lour
successors, heirs, administrators, executors, or personal representatives, as the case may be. This
Performance Bond is provided to secure the performance of Principal in connection with a
contract dated 20--_, between Principal and Owner for a project entitled
Well 11 Modification & Testing * ("Project") — Public Works Project No. 2020-016
.and Decommissioning of Wells 1 & 2 Project
City of Port Orchard
!YELL #11 A1ODIFICATION& TEST/NE dND DF.CObfVl&.,ONhvO 0/' {YELLS N1 & fl
Project NP{{�Xy -016Permi( #TBDCaa1ract H 074-20
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("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all
applicable state sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance 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;
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 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 payment of such taxes, increases and penalties.
The surety shall indemnify, 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 Performance and Payment Bond.
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
Performance Bond. Surety hereby waives notice of any change, extension 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 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 Performance and Payment Bond shall automatically increase in a like
City of Porl Orchard
{FELL HI I MODIFICATION & TESTING AND DECOMMISSIONING OF WELLS # & #
Project UPW2020--016 Permit N7BD Contract NC074-20
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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, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this 3rd day of November 120 20.
Charon Drilling, Inc.
' Principal
--+d tC, 0—ha-A.4s
Signature of Authorized Official
't')a Ld OCiro t r�r Ldc(12a 4(
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Travelers Casualty and Surety Company of America
Surety
a
Signature of e0fficial
By Christopher Kinyon
Attorney in Fact (Attach Power of Attorney)
Propel Insurance
PO Box 2940
Tacoma, WA 98401
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
ACKNOWLEDGEMENT.
Co poraation, Partnership, or Individual
STATE OF )
)55.
COUNTYOF Ql )
On this day of—', 20-1Q, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
City of Pori Orchard
WELL #11 A101YIPICATION & TESTING AND DECO,1fMISS1ONLtVG OF WELLS #1 & #
Project #&M20.016 Parent #TED Contract #C074-20
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Contract Doannents
appeared_xUQ to me known to be the (check one of the following
boxes):
corporation, e��n�ovi IIlt1Q Inc the
of
partnership, the
individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said i2
corporation, 0 partnership, n individual for the uses and purposes therein mentioned, and on
oath stated that dhe Oshe was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day a year first above written.
Print o
type name
�����N\RENF IttI1I
NOTARY PUBLIC,
in and for the State of Washington
� 14574 w
to
Residing at ,
///O„WASN\.o� My Commission expires: ��
Notary Seal with Ink Stamp
SURETY ACKNOWLEDGEMENT
STATE OF WASHINGTON )
COUNTY OF PIERCE )ss.
)
Clty Of Port Orchard
WELL N1I.t40DIFIC.'ATIOA,& TESTING AND DECO,tft11SS1OA%V(; OF (YELLS hl & N
Project 11�2p-016 Permit #TBD Contract1C074-ZO
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On this 3rd day of November , 20 20
Public in and for the State of Washington, -duly commissefore ioned theundersigned,
sword, a Notary
appeared Christopher Kinyon personally
to me known to be the Attorney -in -Fact
of Travelers Casualty and Surety Company of America, the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that n he 0
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Heather L. Allen
q
Print or type name
.:01117524 +�
NOTARY PUBLIC,
in and for the State of Washington
_►+
Residing Kent, Washington
My Commission expires: 04/05/2023
4ia�tHAE'i�
,r
Notary Seal With Ink Stamp
Ckv Of Port Orchard
}VFI,L #11 AIODI1-7CATION& TEST/NGAND DECOMMISS/ONINfi OF i9ELLS Al & N
Project 0PIV2020.016 Permit HTBD Contract HC074=20
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
Project #: 2020-016
Surety Bond #: 107293958
Date Posted: 1603/2020 -
RE: Project Name: Expiration Date: 11/03/2022
\yell [ 1 tractor: Cresting and Decommissioning of wells 1 & 2 Project, Project No. 2020_OI6, Contmet No. C074-20
O�rner/Developer/Contractor: Charon Dr Ming, Inc.
Project Address: McCormick woo—
ds, Orchard Washington
KNOW ALL PERSONS BY THESE PRESENTS: That we, Charon Drilling Inc, (hereinafter
called the "Principal"), and Travelers Casual and Surety *, a corporation organized under the laws of the
State of Connecticut , and authorized to transact surety business in the State of
Washington (hereinafter called the "Surety") are held and firmly bound unto the City of Port Orchard,
Washington, in the sum of Nineteen Thousand Six Hundred Forty and 00/100 dollars ($ 19,640.0o ) 20% of the total contract amount, lawful money of the United States of
America, for the payment of which sum we and each of us bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of
the above obligation are such that: *Company of America
WHEREAS, the above named Principal has constructed and installed certain improvements on
public property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following
written and final acceptance of the project in order to provide security for the obligation of the Principal
to repair and/or replace said improvements against defects in workmanship, materials or installation
during the twenty-four (24) months after written and final approvaVacceptanee of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the
City. It is understood and agreed that this obligation shall continue in effect until released in writing by
the City, but only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of
this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of
the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse
or cessation of the state of the project or improvements as accepted by the City during the twenty-four
(24) month period after final and written acceptance, and includes, but is not limited to, repair or
replacement of defective workmanship, materials or installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or
defects in workmanship, materials or installation to the City -owned real property on which improvements
have been installed, and leave the same in as good condition as it was before commencement of the work.
City of Port Orchard
WELL #11 AL0DIFIC4Tf0N & TESTING AND DECOAlAt1SS10,vAC OF IfF,LLS #1 & #
Project d_PW2020-016 Permit #TBD Contract #C074-10
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D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four
(24) months from the date of approval/acceptance of the work by the City, the Principal shall repair
and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so,
then the Surety shall:
Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond
amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its
obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the
Surety of the actual cost of the remedy, upon completion of the remedy. The City shall
return, without interest, any overpayment made by the Surety, and the Surety shall pay to
the City any actual costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time
period requested by the City, then the City, its employees and agents shall have the right
at the City's sole election to enter onto said property described above for the purpose of
repairing or maintaining the improvements. This provision shall not be construed as
creating an obligation on the part of the City or its representatives to repair or maintain
such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the
work is not performed in a timely manner, the City shall have the right, without recourse to legal
action, to take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond,
unless the City specifically agrees, in writing, to such alteration, addition, extension or change.
The Surety waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing
party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable
costs of securing the obligation hereunder. In the event of settlement or resolution of these issues
prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney
fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable
legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond,
but also over and above said bond as a part of any recovery (including recovery on the bond) in
City of Port Orchard
WELL #11 MOD114CATION & TESTING AND DEC0AIMISS1ONbYO OF 4YELLS 41 & 4
Project NPf '2020-016 Permit MD Contract #CO74-20
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any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the
laws of the State of Washington. Venue of any litigation arising out of this bond shall be in
Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in fall force and effect until the obligations secured
hereby have been fully performed and until released in writing by the City at the request of the
Surety or Principal.
DATED this 3rd day of November
SURETY COMPANY
(Signs rem be notarize )
$y; Christopher Kinyon
Its Attorney -in -Fact
, 2020.
DEVELOPER/OWNER
(Signature must be notarized)
By:-Z4w&'
Its "kklc tmj
Business Name: Travelers Casualty and Surety Company of America Business Name: Charon Drilling, Inc.
Business Address: 1501 Fourth Ave., Suite 1000
City/State/Zip Code: Seattle, NVA98101
Telephone Number: (206) 326-4290
Business Address: 12719 East 224th Street
City/State/Zip Code: Graham, NVA 98338
Telephone Number: (253) 847-5794
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
—'`Corporation (Form P-2)
Surety Company (Form P-2)
City oJPort Orchard
WELL NII A4ODIFICATION & TESTING AND DECOMAfISSIONING OF WELLS #I & 0
Project NP1.0010_016 Permit OTBD Contract NC074_20
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FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that_ LOB P �t G Y1 is the person
who appeared before me, and said person acknowledged as the
ofthatshe) signed this instrument, on oath stated that
he she) teas authorized to cecute the instrument and acknowledged it to b (hi /her) free and voluntary
act for the uses and purposes mentioned in the instrument.
FORM P-2/NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF PIERCE )
Qprmttype name)
NOTARY PUBLIC in and for the
State fq Washington, residing
at w����Gl.{ Yl
My Commission expires: LL- `a62q
I certify that I know or have satisfactory evidence that Christopher Kinyon _is the person
who appeared before me, and said person acknowledged as the Attorne -in-Fact
Of Travelers Casualty a d surety Company of America that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated: November 3.2020
Heather L Allen
(print or type name)
City ojParl Orchard
WELL 411 MODIFICATION & TESTING AND DECOMMISSIONING OF WELLS NI & A
Project NPIM20-016 Permit NTBD Contract #CO74-2
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j `% NOTARY PUBLIC in and for the
w•. { State of Washington, residing
PUB ary r at: Kent, Washington
�PiRf5o1A;�? My Commission expires: 04/05/2023
APPENDIX A
During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest
agrees to comply with the following non-discrimination statutes and authorities; including but not limited
to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
C1ty of Port Orchard
WELL Of MODIFICATION & TESTING AND DEC.'OWMLSS1ONL1'G OF!YELLS UI & N
Projec( 0P V2020-016 Permit 4TBD Cagrac! MC074-20
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Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City ofPort Orchard
WELL #11 UODII./C,4TLON& TESTING AND D6'COMdff.SS7DN/AKi OF FVELLS #1 & #
Project AMW 20-076 Permit NTBD Contract #C074--20
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AdW Travelers Casualty and Surety Company of America
TRAVELERS J Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
KNOW ALL MEN BY THESE PRESENTS: That Travelers CasuPOWER OF ATTORNEY
alty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Christopher Kinyon, of TacomaWashington, their true and lawful
Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
IN WI
�r 14t5lrsFir!' � " iLa9 ? �� cay. � S tx n � VRK�+aEt
State of Connecticut
City of Hartford ss.
On this the 3rd day of February, 2017, before me personal) a Raney who gRobert L. Raney, Sefiiiir Vice President
Travelers Casualty and Surety Company of America, Trove ers Casualty and SureCompany,aand St. Paul hi elf to be the
Insurance Company, and
of
thatthat he, as such, being authored officer,
to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021 g�0.1
9 'Mar U.R, e W.NLCAAL
# tO� Mane C. Tefreault, Notary public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice president, any Senior Vice President, any Vice President, and
any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authoritymay
sign
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatoprescribe ry in the nature owith
f a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any uchappointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assista
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required)nt
nt
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or moby
re
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
ofexeculing of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries orAttorneys-in-Fact for purposes only
atory in the
such facsimile signature or facsimile seal hall be alidrtakings and oandrbindingsupong the o panyture andthereof, and any such power so executed and such Power certified by certificate
facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this 3rd day of November
zozo
Fv+�,:, RM13 at�i
TO VOrifY the authenticity Of1h& Power OfAttorney, a.,
Kevin E. Hughes, Assi toot Secretary
Please refer to the abeve IAl orney-in-Factand the detailsiofthe blond to Which the powe is attached,
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150 000 OR LESS — RCW 39 08 010)
Note: This forrn must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option, where applicable, desired by checking the appropriate
space.
1. The Contractor shall provide 5%retainage, pursuant to RCW 60.28.01l(1)(a).
2. In addition, the Contractor elects to (select one):
1) Furnish a performance and payment bonds in the amount of the total
contract sum. An executed performance and payment bond on the required form
is included with the executed contract documents.
(2) Have the City retain, in lieu of the performance and payment bonds,
ten percent (10%) of the total contract amount for a period of thirty days after date
of final acceptance, or until receipt of all necessary releases from the department
of revenue and the department of labor and industries and settlement of any liens
filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
hi choosing option 2, the Contractor agrees that if the Contractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and
agreements in the Contract, 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
matiner 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 performance bond shall be released at the time
provided in said option 2; otherwise, the fiords shall be retained until the
Contractor fulfills the said obligations.
io 0-o-"Ce',
Contractor Signature, Date //, :., Z n
Bond No.
Cily of Port omllw'i
YELL #II MODIFICATION & TESMU AND DECOMtIISSIONING OF WELLS #I & #
Project AT 2020-0I6 Permit #TED Conlmct #C07420
Contract Docmments
LD22