064-23 - Resolution - Contract with County Line Construction for Code Enforcement AbatementDocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
I Ci*19RIJ 11191,,1 \ LOW111:i 5A3
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A
SMALL WORKS CONTRACT WITH COUNTY LINE CONSTRUCTION, LLC FOR CODE
ENFORCEMENT ABATEMENT AND DOCUMENTING THE SMALL PUBLIC WORKS
PROCUREMENT PROCEDURES.
WHEREAS, the City of Port Orchard commenced a code enforcement action pertaining
to violations of the Port Orchard Municipal Code ("POMC") occurring on real property located
at SE Crawford Rd, which is a private road, and real properties located at 1691 SE Crawford Rd,
and 1743 SE Crawford Rd (the "Properties"), with the code enforcement matter referred to by
staff as the Crawford Road Abatement (the "Project"); and
WHEREAS, as part of the Project, the City identified the need to procure a contractor for
remediation work including removal of vehicles, debris and trash, and demolition and removal
of uninhabitable structures; and
WHEREAS, City staff estimated the cost associated with this Project and determined
that the appropriate procurement process for the Project was through the small public works
procedures; and
WHEREAS, the City is a member of the Municipal Research and Services Center of
Washington (MRSC) Small Public Works Roster program, and MRSC solicited on behalf of
participating local government agencies, including the City, within Washington State (including
the City of Port Orchard) for the 2023 MRSC Small Public Works Roster; and
WHEREAS, pursuant to RCW 39.04.155 and the City's Procurement Policies, adopted as
Resolution No. 036-22, the City's Department of Community Development established a roster
of qualified contractors from the 2023 MRSC— Small Works Roster for the Main Category —
Demolition/Deconstruction, and Sub -Category —Refuse Removal & Disposal; and
WHEREAS, on May 12, 2023, the City's Department of Community Development issued
an Invitation to Bid for the Project to ten (10) qualified contractors on the selected roster; and
WHEREAS, on June 12, 2023, the City's Department of Community Development
received two (2) bids by the 3:00 pm deadline, and staff determined that County Line
Construction, LLC submitted the apparent lowest, qualified bid for the Project; and
WHEREAS, the City's Department of Community Development then completed the
MRSC Mandatory Bidder Responsibility Checklist and confirmed County Line Construction, LLC
as the lowest, responsive and responsible qualified bidder; and
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Resolution No. 064-23
Page 2 of 2
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; 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 authorizes the Mayor to execute a contract with County Line
Construction, LLC for the Crawford Road Abatement Project, a copy of which is attached
hereto as Exhibit A and incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 27t" day of June 2023.
DocuSigned by:
zaaana-�8Azn
Robert Putaansuu, Mayor
ATTEST:
„tiiinl,iiirrn,
p oRT 01�''
DocuSigned by:
�.,�
Q • �p OA.
'N-k
•• EAL:�
Brandy Wallace, MMC, City Clerk
= ss mod•
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4Dl4C08
Contract No. 052-23
CITY OF PORT ORCHARD SMALL WORKS OVER S3SK
CONTRACT NO, CE17-0049
PUBLIC WORKS PROJECT NO. CE17�0049
THIS Agreement is made effective as of the 16th day of June 2023 by and between
CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located
at
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895,9029
and
County Line Construction, LLC ("CONTRACTOR"), a Washington limited liability company located
at: 14085 Kimber Place 5E Qlalla, WA 98359
Contact: Marcus Hooper Phone: 253.514.9529 Email: marcus@countylinecanstruction.us
for the fallowing Project:
Crawford Road Abatement ("PROJECT")
SCOPE OF WORK: Exhibit A (Bid documents)
In consideration of the mutual benefits to both parties, both Parties agree to the following:
AGREEMENT:
1. Contract Documents, The Contractor shafl 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. The attached Scope of Work;
c. 2018 International Building Code (113C) and 2018 Energy Code Compliance;
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;
g. The Invitation to Bid, and bid proposal submitted bythe Contractor, except when inconsistent with
Contract Documents a-g;
h. Appendix A: Non -Discrimination Statutes and Authorities.
The bid proposal submitted by the contractor, except when inconsistent with Contract documents
a-j
City of Port Orchard and County Line Construction, iiC
Public Works ProjeetN❑_ C07.0049 Rev.IODRA-2022
Small Works Con tract No. CE17.0049 Page 1 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
All of the above listed Contract Documents are each made exhibits to this Agreement and are iincorpora ted
into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the Work by the Contractor. These Contract
Documents complement each other in describing a complete work. Any requirement In one document
binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract
even if the Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement shall be
not later than July 31, 2023. The Contractor shall substantially complete the Work not later than
September 30, 2023, 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. Contractor represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are
performed.
Subject to additions and deductions by change order, the construction maximum payment is the
base bid amount of $76,510.57 (applicable sales tax included) (hereinafter "Contract Sum"). The
construction Contract Sum shall include all items and services necessary for the proper execution
and completion of the work. The City hereby promises and agrees with the Contractor to employ
and does employ the Contractor to provide the materials and to do and cause to be done the work
described in the Construction Contract Documents and to complete and finish the same according
to the plans and specifications and the terms and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
S. 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 furnish insurance of the types and in the
amounts set forth in the Construction Contract Documents. The Contractor warrants that it is
licensed and authorized to do business Under the laws of the State of Washington and has not been
suspended or debarred in the past three (3) years.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by Contractor, Contractor's employees, sub -contractors.
7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part
of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors,
administrators, successors, and assigns.
S. 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.
9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, must affirmatively
insure that its contracts comply with these regulations.
City of Port Qrchord pnd County Line CUPS troCrion, CZC
Public works Project No, CE17--0049 Rev. IBDR 4-2027
Small works Contract No. CE17-DO49 Page 2 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Also, in accordance with Title Vl, the City is required to include the following clauses in every
contract subject to Title V1 and its related regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
a) 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 Agreement.
b) Nondi5crim;nation. The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LFP 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 Agreement covers any activity, project, or program set forth
in Appendix B of 49 C.F.R. part 21,
C) Solicitations for Subcontracts, including Procurement5 of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of the
Contractor's obligations under this Agreement and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -
level, or LFP.
d) 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 itsfacilities 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.
e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it
or the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a
through 9.f 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
City of PortOrchvrd and iounty Upe Construction UC
Public Works Project No. CE17.0049 Rev.18DR 4-2022
Smaff Works Contract No. CE2 7.0049 Page 3 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
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.
10. Public Records Act Chapter 42.56 RCW. 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/he 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 Contractor, may elect to give
notice to Contractor of the request so as to allow Contractor to seen 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, the City.
O
r
deteFFRRed by the
eFiginal Azd P aFts Shall b e- used Feb U ilt 9F u6e d part5 wil 1 not be acceptable. When
(Waved)
12. Indemnification. Contractor shall defend, indemnify, and bold the City, its officers, officials,
employees, agents, and volunteers harmless from any and all claims, injuries, damages, lasses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the
sole negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement 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
officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negllgence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THATTHEY HAVE MUTUALLY NEGOTIATED THIS WMER.
The provisions of this section shall survive the expiration or termination of this agreement.
13. Miscellaneous Provisions.
City of Port orcAord and COu*ty tine [nn$tnrtdiorr, L!C
PLrNic'Narks Protect No. CE27.0049
Smarr Works Contruct No, CE]7-0049
Rev. Wil4-2022
Page 4 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
a) Non -Waiver of Breoch. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by
this Agreement in one or more instances shall not be construed to be a waiver or relinquishment
of those covenants, agreements or options, and the same shall be and remain in full force and
effect.
b) Resofution of Disputes and Governing tow. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. if the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this. Agreement, the exclusive
means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under
the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington,
unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay
all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit,
including all appeals, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's Tight to indemnification
under Section Xil of this Agreement.
c) Written Notice. All communications regarding this Agreement shaii be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any
written notice hereunder shall become effective three (3) business days after the date of mailing
by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or such other address as may be hereafter specified in
writing.
d) Assignment. Any assignment of this Agreement by either party without the written consent of the
non -assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall
be made without additional written consent.
e) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binning unless in writing and signed by a duly authorized representative of the City and
Contractor.
f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming
a part of or altering in any manner this Agreement. All of the above documents are hereby made
a part of this Agreement. However, should any language in any of the Exhibits to this Agreement
conflict with any language contained in this Agreement, the terms of this Agreement shall prevail.
g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws,
rules, and regulations that are now effective or in the future become applicable to Contractor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing
out of the performance of those operations.
h) Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall constitute an original, and all of which will together constitute this one Agreement.
City of Fort orchard and cotmty line Caristruction, iiC
Auhirc Works Prooect No- CE17.0049
Small works Contract No, CEI7-D049
Rev, ip,DR 4-2022
Page 5 c4 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
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
DSigned by:
� O ocuPI� sou Ulf (1yKkkkbMj LLB
Robert Putaansuu, Mayor
By;
Its:
ATTEST/AUTHENTICATE:
DocuSignne, byy::�
11
�J'd"
✓� Vv
Brandy Wallace MMC, City Clerk
N�k"Q,oRT,°! c°,,,,,
'SEAL
APPROVED AS TO FORM:
_ _
DocuSigned by:
.�� •�
•�MaER
Charlotte A. Archer, City Attorney
MY of part Orchard and County tine Con-ctrurVon, LLC
PUblk Wprks Project Ift CE17-OW9 Aev.18R3t 4 2622
Small Works controct no. CF27.0�49 Page 6 of 2
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
CERTIFICATE AS TO CORPORATE PRINCIPAL
1, k (Corporate Officer (Not Controct5ignerl)certify that
I am the OVAL( (Corporate ritie) of the corporation Aarned as
the Contractor in the Agreement attached hereto; that C&&AM LAAe,antract
Signer) who signed said Agreement on behalf of the Contractor, was 41en — 1oey
(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. officer si nature ('riot contract signer)
Printed
niAmexf
IMI«
State of }
Ss
County of P i'crce— )
(corporate officer (not contract signer)) being duly sworn,
deposes and says that he/she is 0 W'r (Corporate Title) of
r }f Lk�p C lM , UU C • (Nome of Corporation)
Subscribed and sworn to before me this � day a 20_s
DAMIEUF L OSTROA
Notary Public:
State of Washington
CflrnrniSs1D0 Y 71029324
µy comm- Expires Sep 29, 2025
Notary Public (Signature)
0-,Y,I.C.R e- L- b
Notary Public (Print)
My commission expires .5
Crtyof p❑norchard and county Line Construcrien, LL[
Rev. IBDR 4-2022
public Works Project No. CE1T--W49 Page 7 of 27
Smaff Works Contract NO.CE17.13G49
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The faIIowingterm s and conditions shall be used in conjunction with the Standard Specifications for Road,
Bridge and Municipal Construction, 2022 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 cr superseded by these provisions, shall govern all phases
of work under this Contract, and they are by reference made an integral part of these Specifications and
Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as contained
herein, the terms and conditions shall prevail.,
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, firm or corporation that has made an offer in
response to the invitation to bid. "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment, and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of
registration per chapter 18.27 RC; 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
warned to take into consideration statutory legal requirements, particularly, the payment of
prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in
making their bids. it is the sole responsibility of the bidder to insure that the appropriate labor
classification(s) are identified and that the applicable wage and benefit rates are taken into
consideration when preparing their bid according to these specifications. The Contractor shall
complete and file State of Washington, Department of Labor & 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.
S. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with
Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall
submit -- on behalf of itself and each and every Sub -Contractor -- a "Statement of Intent to Pay
Prevailing Wages," which must be approved by the Department of Labor and Industries {See link
C4 at Port Orchard cznd Co urlty i me Cans tnxtior, it c
Pub fit Works Prayect No. CEJ7-0044
$,7ai! Warks C4ntraLt No.CFJ 7-0049
R". I8OR4.2022
Page 8 or 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
below.) Ful lowing the final acceptance of the project, the Contractor must submit -- cn behalf of itself
and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be
made in accordance with the requirements of Chapter 39.12 RCW.
Refer to htt www.Ini.wa.gov/Trad esU ce nsi nPrev a e Wa eRates d efa ult. a sp for Washington
State Prevailing Wage rates.
6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the
Attachment entitled "Insurance Requirements."
7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by
written addenda only.
$. PROJECT COMPLIANCE: in Compliance with the request for quotation, Bidder hereby proposes to
perform all work for this project in strict accordance with the Contract Documents, at the Contract
Sum, and within the time set forth herein with the understanding that time is of the essence in the
performance of this Contract.
9. 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.
10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a
discrepancy between the numerical unit price and the written (words) unit price is found, the
written (words) unit price shall control.
11. 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 bythe Department
of Labor and Industries for the approval of statements of intent to pay prevailing wages and the
certification of affidavits of wages paid, etc. The Department may also charge fees to persons or
organizations requesting the arbitration of disputes under RCW 39.12.060, The Contractor is
responsible for all fees resulting from these statutes.
12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that
will be recognized by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of tine City. No terms stated by the Bidder in its proposai 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 provisioris.
13. CHANGES: The City may issue a written change order for any change in the Contract work during
the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed in
the Notice provision section of this Agreement, within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested change.
If the City determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
City of Port orchar4 and Couhfy line consvartion, t tc
Public Works PrvjertNo. CE17-DD49 Rev. I6r1R 4-2022
5mPN work] Contract No.CE17.0049 Page 9 of 27
N1
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City before actually receiving the written change order. if
the Contractor fails to require a change order within the time specified in this paragraph, the
Contractor waives its right to make any claim or submit subsequent change order requests for that
portion of the contract work. If the Contractor disagrees with the equitable adjustment, the
Contractor must complete the change order work; however, the Contractor may elect to protest the
adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below.
The Contractor accepts all requirements of a change order by; (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted
by Contractor as provided in this section shall constitute full payment and final settlement of ail
claims for contract time and for direct, indirect, and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor
shall give written notice to the City of all claimswithin fourteen (14) calendar days of the occurrence
of the events giving rise to the claims, or within fourteen (14) calendar days of the date the
Contractor knew or should have known of the facts or events giving rise to the claim, whichever
occurs first. Any claim for damages, additional payment for any reason, or extension of time,
whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by
the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items I through S below_
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED
SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR
EVEiVTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Cfo m. Provide a signed written notice of claim that provides the fallowing
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that Caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
S. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
City of Port arrhard andCovnr[ Line Consrrucrlon, LEC
Public Wv+ sPro)ectJVa.CI;17-0049 Rev. In R 4-2022
smatj works Contract Na. CE17-0049 Page 10 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
The City will evaluate all claims, provided the procedures in this section are followed, if the City
determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment.
No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. in spite of any claim, the Contractor shall
proceed promptJy to provide the goods, materials and services required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the City any
written or oral order (including directions, instructions, interpretations, and determination).
15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM
OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT
WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and
shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the
contract work and shall utilize all protection necessary for that purpose. All work: shall be done at
Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all
applicable local, state, or federal laws and regulations and agrees to indemnify 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.
18, EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization
that employs one or more members of any retirement system administered by the Washington State
Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the
City is required to elicit on a written form if any of the Contractor's employees providing services to the
City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual
who retired using the 2008 FRFs, and whether the nature of the service and compensation would result
in a retirement benefit being suspended. Failure to make this determination exposes the Cityto significant
liability for pension overpayments. As a result, before commencing work under this Agreement,
Contractor shall determine whether any of its employees providing services to the City or any of the
Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly
complete the form provided by the City after this notification is made. This notification to DRS could
impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall
indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability,
including attorneys' fees and casts, relating to a claim by DRS of a pension overpayment caused by or
resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive
termination of this Agreement.
19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the
following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any
Cky of Part Orchord arrd County Line Construction, LLC
Public Works Project No. CE1 a 0049 Rev- IBDR 4-2022
5ma#Warks Contract No. CEI7-0049 Page 11 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
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 service$; 3) for convenience of the City; or 4) by the City for non -
appropriation of funds.
a) Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety,
terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for
cause upon the occurrence of any one or more of the following events: Contractor fails to complete
the work or any portion thereof with sufficient diligence to ensure substantial completion of the work
within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit
of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material
way to replace or correct work not in conformance with the Contract Documents, Contractor
repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially
disregards or fails to comply with Iaws, ordinances, rules, regulations, or orders of any public authority
having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon
termination, the City may, at its option, take possession of or use all documents, materials, equipment,
too€s, and construction equipment and machinery thereon owned by Contractor to maintain the
orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method
it deems expedient.
b) Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any
right or remedy of the City) the contract, or any part of it, for the convenience of the City.
c) Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a
request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date
of the termination, plus a reasonable allowance for overhead and profit on work performed prior to
termination, plus the reasonable administrative costs of the termination, but shall not be entitled to
any other costs or damages, whatsoever, provided however, the total sum payable upon term ination
shall not exceed the Contract Sum reduced by prior payments.
20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms
and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary.
21. PAYMENT: Contractor shalt maintain time and expense records and provide them to the City along
with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All
invoices shall be paid by the City within 45 days of receipt of a proper invoice, If the services rendered to
not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the
Contract. City may withhold payment for such work until the work meets the requirements of the
Contract.
22. RETAINAGE: Unless the City waives the retainage requirement in accordance with RCW
39.04.155(2)(f , the City shall, pursuant to the requirements of RCW 60-28.011, retain five percent (5%) of
the monies earned under this Contract, which shall be maintained by the City according to the Contractor's
requested method.
23. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve
that dispute in the following manner: (a} The parties shall attempt in good faith to resolve any dispute
promptly through negotiation, Either party may give the other party written notice that a dispute exists
(a "Notice of Dispute"). The Notice of Dispute 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
City of Fart Orchard and County Line Constriction, LLC
Public Works PrajectNo. CE17-0049 ReV.lBDR 4.2OZ2
Small Works Contract No. CEI7-W43
Page 12 or 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
and place and attempt tore solve 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 home 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 construction rules of JAMS. The
parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration
shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration
in Kitsap County, then the arbitration shall be held in such location as the parties may agree after
consulting with JAMS.
City of Parr Orchard and County tine Conrrrur tivn, UC
PvNe'C Works Project No. CE17-0049 Rev IDDR4-2422
5ma11 Works Conrrart No. CE17-M49 Page 13 of 2l
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City,
insurance as described herein, without interruption from: commencement of the Contractor's work
through the term of the contract and for thirty (30) days after the physical completion date, unless
otherwise indicated herein. Such insurance shall be 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 and shall meetthe requirements
herein.
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 types described below:
• Automobife Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
• Commercial General Liabifity insurance shall be written 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 injury, and liability assumed under
an insured contract. The Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 1185 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 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage,
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
• Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers
Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-
alone policy.
• Builder5 Msk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -
subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall
insure against the perils of fire and extended coverage and physical loss or damage including flood,
earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris
removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each
occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and
earthquake perils may be accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will remain the
City of Port QrrhOrd and County fine Construction, !LC
Pubic Works Project No. CEI7.0049 Rev. I BDR 4-2027
SmaN Works Contract No_ CEJ 7-oo49 Page 14 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
responsibility of the Contractor. The Builders Risk insurance shall be maintained until final
acceptance of the work by the City.
* Employer's Liability 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 Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000.000 per accident.
• Camrr3erciof 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 compieted value of the project with
no coinsurance provisions.
• WOrkers'Compensation insurance as required by the State of Washington.
• Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of
$1,000,000 each accident, $1,000,O00 disease - each employee, $1,000,000 disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any other claim or
benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under
the industrial insurance laws during the performance of duties and services under this contract. If the
Department of Labor and Industries, Upon audit, determines that industrial insurance payments are due
and owing as a result of work performed under this contract, those payments shall be made by the
Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts.
Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than
the minimums shown above, the Public Entity shalt be insured for the full available limits of Commercial
General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this contract or whether any certificate
of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the
Contractor.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
foflowing provisions for Automobile Liability, Commercial Generai Liability and Builders Risk insurance:
* The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance,
self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended
reporting period shall be included with the claims made policy, and proof of this extended
reporting period shall be provided to the City.
Contractor's Insurance for Other losses. The Contractor shall assume full responsibility for all foss or
damage from any cause whatsoever to any tooiS, Contractor's employee -awned tools, machinery,
equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
City of Fort Orchard and Cot,rtty tine Constrwk,, 11C
Pubik Wags Project No. CE17-Wig Rev. IBDR 4.2022
Smaii Works Contract ,alo. CEI7-fig Page 15 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4Dl4C08
Waiver of 5ubro atian, The Contractor waives all rights against the City, any of its Subcontractors, Sub -
subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered
by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements
Section of the Contract or other property insurance applicable to the work. The Contractor's insurance
shall be endorsed to waive the right of subrogation against the City, or any setf-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. Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANIL
Verification of_Covera e. The Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before
commencement of the work. Before any exposure to lass may occur, the Contractor skull file with the
City a copy cf the Builders frisk insurance policy that includes all applicable conditions, exclusions,
definitions, terms, and endorsements related to this project,
Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the
same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders
Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. The
Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's
Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10
01 for ongoing operations and CG 20 37 10 Ot for completed operations.
Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been provided to the City. 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.
Faiture to Maintain Insurance. The insurance required by this Section will not be canceled, materially
changed or altered without forty-five (45) days prior written notice submitted to the 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, 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 againstfunds due the Contractor from the City.
city of Pon arch and and County Line Cnnsuur Ilan, UC
P�rbl;c Works Projecr►�o. CE17-0049 Rev, IB4R4 2aZ2
im.p8 n
Works rarrart No. CE17-0049 Pa Se 36of Z7
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT
BOND OR ADDITIONAL RETAINAG E
APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010)
NOTE 1: This form must be submitted at the time the Contractor executes the Controct, The Contractor
shall designate the option desired by checking the appropriate spore.
{VOTE 2. Regardless of choice under Section 2 of this forma, the C'ontroctor will be required to provide a
worron tyjmtaintenance bond effective at project dose out prior to either release of the performance bond
or release of the 10% retoinoge.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a)-
2. In addition, the Contractor elects to (select one):
(1) Furnish a performance bond in the amount of the total contract sum. Are executed
performance bond on the required farm is included with the executed contract documents.
W (2) Have the City retain, in lieu of the performance and payment bonds, an additional
5% for a total of ten percent (10%) of the total contract amount for a period of thirty days after
bate of final acceptance, or until receipt of all necessary releases from the department of revenue,
the employment security department and the department of labor and industries and settlement
of any liens filed under chapter 60.28 RCW, whichever is later. (RCW 39.08.010)
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in ail things stand to and abide by, and we11 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 manner therein
specified, and shall pay all laborers, mechanics, subcontractors, and rnate rialmen, 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 funds shall be retained til the Can a or fulfills the said obligations.
Ir—
Contractor Signature
Dare [ �rr�ff��• i�7,� _
Bond No.
City of Port Orchard and County line £castruction, tic
Public Works Prefect No. £EJ7--0049 Rev. ISbR 4-2022
small works can rract No.CE17--0049 Rage 17 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
Crawford Road Abatement
PUBLIC WORKS PROJECT NO. CE17-0049
Bond to City of Port Orchard, Washington
Bond No.�
1, c�Ave Cww�
We, , and
rincipal) (Surety)
a k Corporation, and as a surety corporation authorized to become
a surety upon i3 nds of Contractors with municipal corporations in Washington State, are jointly and
severall bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of
UloDo Dollars ($_ 1,000 —00 —J,
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 performance of Principal in connection with a contract dated 241L between Principal
and Owner for a project entitled Crawford Road Abatement Project No. CE17-049 ("Project"). 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 Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal, its heirs, executors, administrators, successors, or assigns:
• 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 F0.28.011(1J(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties; and
Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the
amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by the City at
the request of the Surety or Principal_
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 tine work.
city of purr oThard and county tine Construction, UC
Public Works Project No. CE37-0049 Rev. 18DR 4-2022
Small works Contract No. CEI7--0049 Page 18 of 2i
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
The IiabiIity of Surety shall be limited to the penal sum of this Performance 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 underthe Contract shall in anyway 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 Bong 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 shali be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
day of , 20
Principal
Signature of Authorized Offidal
By_
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Surety
Signature of Authorized Official
By
Attorney in Fact (Attach Power of Attorney)
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.
City of Port Orchard and Cozm+ tine Construction, I I C
Public works Praiart No. CH7-0049 Rev. I8DR 4-2022
SmaN works Cfmtrnct No.CF17--0049 Page 15of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
ACKNOWLEDGEMENT
Corporation, Partnership, or individual
STATE OF Wk:-Ai e
}ss•
CO UNITY OF � .(- YY.-P— )
On this ?� day of J LXriR- , 20,2, before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn*, personally appeared r-c
to me Known to be the (check one of the following boxes):
we)( of LVA UA t CW "he
corporation,
❑ of , the
partnership,
❑ individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said gcorporat' on,
❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑
he ❑ she was authorized to execute said -instrument.
WITNESS my hand and official sea] hereto affixed the day and year first above written.
OANIELLE L OSTROM
Notary Public
State of Washington
Commission N 21OZ9324
My Comm, Expires Sep 29, 2025
Natw7 Seal with Ink Stamp
Dated:
A f- L__. D +' ,
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at: Qli5 ,noon
My Commission expires:
City of Port Orch cnd and County line Comtrmtion, l l C
public works Project No. CEI7-W44
SFwll Works Contro[r No. CEI7-0049
Rev. IBDR 4-2022
Page 20 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
SURETY ACKNOWLEDGEMENT
STATE OF
ss-
COUNTY OF
On this day of 120 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the of 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 ❑ he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated:
Pfint or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
Nvrat7 Seal twilh Ink Stump
City of Port 0rehnrd and County Line Construction, LLC
Public Works Peoject No- CFI7-0049 Rev. IRDR 4-7022
Small Works Controct No. CEI7,0049
Page 210€ 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-AO22-8A4EF4Dl4CO8
IRIa�11i�i�+f 1■. , a � a, a
a
ilia ' - a ,
4E— iir nr+ hl-. VXXXX��
i
a • i. _ •■
■
—ROMMIM.■
i
.
Abu
•
M7. 1
� ■ w Y { 1 ■ r -
■
1
Cityof Port Orch aid and CCunty tine COnWuction, UC
Public works Project No. CEITOW9 Rev, IBDR4-2022
Small works Contract Na. CEI7-ppA9 Page 22 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
change,No ,
the
r r ,
VA-4 RE4 GE! Af aRy E 6WRge r A1hhRYiRri' ;I! ArAiAn rr additiep +L.=g F,
CnFrtirrameAt it m$ spc4ific—ally agF eeP bk,-betmoreGA the F-3 lies--thA ir, +4 e e rL���
City of Port prefaard and County tine Construction, Lf C
pubfic Works Pro)erf No. CH7-W49 Rev. IBDR4-2022
5mvil Works Corr�roct No. CF17•UQA9 Page 23 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
C4 of Fart otehard and County tine COF7sUlrEttoR, UC
Public Works PrChi-t NO. Cf17-dU49 Rev_ Ig6R4.2022
Smalf wm*s Contpact NO Cf17--W49 Page 24 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
. MOO.-
Owz
D.
City .af port Orchard and County time Construction, !!C
Public Works Prafect No. CE17--0049 Rev. l6DR 4-2022
Srng f Works Contract No. CEI7-W49 Page 25 of 27
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Co of P4+4 Orrherd and Courrty line Comtnrrfkm, LIC
Pu6t.r Warts Prated No. Cf37-W9
small Warts Contract No_CE17-M49
Rev. I8pR 4-2022
Page 26 of 21
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under tho laws of the State of South Dakota, and
authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Cetorado, Connecticut,
Delaware, Distract cf Columbia, Florida, Georgia, Hawaii, Idaho, lilinois, Indiana, Iowa, Kansas, Kentucky. Louisiana. Melne.
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire. Now Jersey,
New Mexico, New York, North Carolina, North Dakota, Ohlo, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virgiflia, Wisconsin, Wyoming, and the United
States of America, does hereby make, constitute and appoint
P ul T. Bruf lat of Sioux £ails
State of Snurh Dakota its regularly elected li .
as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execule, acknowledge and deliver for and on
Its behalf as Surety and as its act and dQed, the following bond:
One contractors License
bond with band number
for Co--Construction.LLC
as Principal in the penalty amount not to exceed: $12._4tau.. 4_tl
Western Surety Company further certifies that the fallowing is a true and exact copy of Section 7 of the Maws of Western SunM y COmparty
duty adopted and now in force, to -wit-
Section 7. All bonds, pohbeS, undertakings. Powers of Attomay, or other obligations of the corporation shall be executed in the Corporate
name of the Company by the President. Secretary, any Assistant Secristary. Treasurer, or any Vice President, or by such other officers as the
Board of Directurs may authorize. The Presideot, any ViCe President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Aticrneys-In-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Cornpany, The corporate seal is
not necessary for the validity of any bonds, panties, undertakings, Powers of AUOrney or other Wig ations. of the corporation. The signature of any
such officer and the Corporate seal may be printed by facsimile,
In Witness Whereof, the said WESTERN SURETY COMPANY has iCausad these presents to be executed by its
with the corporate seal at%ed this _-- S ;. h day of Seerrb r
2019
ATTEST WESTE IN U R E T COMPANY
By `
L NeleOn. Assistant Secretary Paul Bruflat. Vice President
STATE OF SOUTH DAKOTA
�- ss
COUNTY OF MINNEHAHA
On this - lath day of SPRtember 2019 _ before me, a Notary Public, personally appeared
Paul T. Bruflat and L. [nelson
who. being by me duly swam, acknor+tifedged That they signed the above Power of Attorney as Vice President
and Assistant Secretary, respec# vely, of the said ► ESTERN SURETY COMPANY. and arknowiedged said Instrument to be the
voluntary act and deed of said Corporation.
}Y Yhti YY44�4i44i44444w4444 #
i J1 MOHR
tdq�NOTAFIY PUBLIC t
i At SOUTH DAI OMA sEAI Notary Public
+tiY44YiYYtiY4he44444b4i4Y� My Commission Expires June 23, 2021
To validate bond authenticity, go to www.enarsurety&pm > OwnerfObliges Services > Validato Hand Coverage.
Fenn F1975r1-3019 �6?
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Exhibit A
INVITATION TO BID
CITY OF PORT ORCHARD
CRAWFORD ROAD ABATEMENTS
PUBLIC WORKS PROJECT NO. CE17-0049
May 12, 2023
Notice is hereby given that bids will be received for Crawford Road Abatements. Interested parties should
submit their proposals to:
City of Port Orchard Department of Community Development
Code Enforcement
216 Prospect Street
Port Orchard, WA 98366
Email: cciviletti@portorchardwa.gov
RE: ITB —Crawford Road Abatements
Proposals will be received until 3 P.M. on June 12, 2023.
No proposals will be accepted after the above stated time
Project Details
Site(s): SE Crawford Road
1691 SE Crawford Road
1743 SE Crawford Road
Scope of Work:
The project consists of three public nuisance / dangerous building abatements under one
contract. The location consists of two residential properties and one private road.
(Full scope of work attached).
This project consists of work to be performed within 60 working days from the contract date and consists
of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore.
GENERAL TERMS AND CONDITIONS
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (L&I).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in the
State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW
39.12.020.
The project site is located in Kitsap County.
Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. TBD
Page 1 of 11
001
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor's bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date,
o If the project is not awarded pursuant to bids, the award date (the date the contract is
executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The prime contractor bid due date is June 12, 2023
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration
of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified
and that the applicable wage and benefit rates are taken into consideration when preparing their
proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a "Statement of
Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages
accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: "I certify
that wages paid under this contract are equal to or greater than the applicable wage rates set
forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the
State of Washington Department of Labor and Industries."
The selected vendor must submit to the Department of Labor and Industries an "Affidavit of
Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to
the City before the last payment or any retained funds will be released.
The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with
the Department of Labor and Industries shall be at no additional cost to the City. The Director of
the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate,
RCW 39.12.060 and WAC 296-127-060.
Look up the prevailing rates of pay, benefit, and overtime codes from this link:
http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/defauIt.asp A copy of the
prevailing wage rates is available for viewing at the City of Port Orchard Department of Public
Works. A hard copy will be mailed upon request.
For prevailing wage questions, contact the Department of Labor & Industries at
PW1@Lni.wa.gov or 360-902-5335.
2. The company will submit the L&I approved intent to Pay wlth the invoice. If there is more than
one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last
invoice. We will not accept the invoice without the approved Intent to Pay from L&I.
Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. T13D—
Page 2 of 11
002
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
3. The successful bidder must have a City business license prior to award of contract and must be
an active participant on the MRSC Small Works Roster for the City of Port Orchard. For more
information regarding the MRSC roster, visit their website at www.mrscrosters.or .
4. A retainage of 5% will be held on all public improvement projects per RCW 60.28,011. The
retainage will be released after the City is provided the Affidavit of Wages Paid and approval of
the Department of Revenue. All expenses associated with the prevailing wage rules are the
responsibility of the contractor.
5. Insurance Requirements: The successful bidder will furnish insurance as stipulated in the contract
documents attachment entitled "Insurance Requirements"
6. A Performance & Payment Bond at 100% of the Contract Value.
7 . (Waved)
8. Contractor Disqualification
A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet
the following responsibility criteria set forth in RCW 39.04.350:
1. Before award of a public works contract, a bidder must meet the following responsibility
criteria to be considered a responsible bidder and qualified to be awarded a public works
project. The bidder must:
a. At the time of bid submittal, have a certificate of registration in compliance with
chapter 18.27 RCW;
b. Have a current state unified business identifier number;
c. If applicable, have industrial insurance coverage for the bidder's employees
working in Washington as required in Title 51 RCW; an employment security
department number as required in Title 50 RCW; and a state excise tax
registration number as required in Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065j3y;
e. If bidding on a public works project subject to the apprenticeship utilization
requirements in RCW 39,04.320, not have been found out of compliance by the
Washington state apprenticeship and training council for working apprentices
out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04
RCW for the one-year period immediately preceding the date of the bid
solicitation;
f. Have received training on the requirements related to public works and
prevailing wage under this chapter and chapter 39.12 RCW. The bidder must
designate a person or persons to be trained on these requirements, The
training must be provided by the department of labor and industries or by a
training provider whose curriculum is approved by the department. The
department, in consultation with the prevailing wage advisory committee,
must determine the length of the training. Bidders that have completed three
Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TBD
Page 3 of 11
003
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
or more public works projects and have had a valid business license in
Washington for three or more years are exempt from this subsection. The
department of labor and industries must keep records of entities that have
satisfied the training requirement or are exempt and make the records
available on its web site. Responsible parties may rely on the records made
available by the department regarding satisfaction of the training requirement
or exemption; and
Within the three-year period immediately preceding the date of the bid
solicitation, not have been determined bya final and binding citation and notice
of assessment issued by the department of labor and industries or through a
civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46,
49.48, or 49.52 RCW.
A bidder may be deemed not responsible and the proposal rejected if:
a. More than one proposal is submitted for the same project from a bidder under
the same or different names;
b. Evidence of collusion exists with any other bidder or potential bidder.
Participants in collusion will be restricted from submitting further bids;
c. The bidder, in the opinion of the Contracting Agency, is not qualified for the
work or to the full extent of the bid, or to the extent that the bid exceeds the
authorized prequalification amount as may have been determined by a
prequalification of the bidder;
d. An unsatisfactory performance record exists based on past or current
Contracting Agency work or for work done for others, as judged from the
standpoint of conduct of the work; workmanship; progress; affirmative action;
equal employment opportunity practices; or Disadvantaged Business
Enterprise, Minority Business Enterprise, or Women's Business Enterprise
utilization;
e. There is uncompleted work (Contracting Agency or otherwise) which might
hinder or prevent the prompt completion of the work bid upon;
f. The bidder failed to settle bills for labor or materials on past or current
contracts;
g. The bidder has failed to complete a written public contract or has been
convicted of a crime arising from a previous public contract;
h. The bidder is unable, financially or otherwise, to perform the work; or
i. There are any other reasons deemed proper by the Contracting Agency.
Americans with Disabilities Act (ADA) Information
The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the
Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its
programs and activities. This material can be made available in an alternate format by emailing the Human
Resources Department at dlund@cityofportorchard.us or by calling (360) 876-7014.
Title VI Statement
The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 5tat. 252, 42 U.S.C.
2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A,
Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TBD
Page 4 of 11
004
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that
in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as
defined at 49 CFR Part 26 will be afforded full opportunityto submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for
an award."
Notice is given to all potential bidders that any bid responses may be subject to release under the Public
Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request.
Bidders are 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 may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective
order from a Court. Please be advised, however, that any records deemed responsive to a public records
request may be released at the sole discretion and without notice by the City.
All questions or comments regarding the bid or to schedule a walk thru should be directed to Christine
Civiletti at cciviletti@cityofportorchard.us or call 360-876.7016. Unauthorized contact regarding this
notice with other City employees may result in disqualification. Any oral communications will be
considered unofficial and non -binding on the City.
The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City
reserves the right to reject any and all submittals and to waive irregularities and informalities in the
submittal and evaluation process. This notice does not obligate the City to pay any costs incurred by
bidders in the preparation and submission of their bids.
Additional Terms and Conditions
For the City's full terms and conditions for this project, please refer to the sample contract for this project
attached to this ITB. By this reference, the terms and conditions in the contract are incorporated into this
ITB.
Submittal Checklist
o Bid -Schedule of Contract Prices
o Acknowledgements
o Bidder's Qualification Form — the Owner reserves the right to check all statements and to judge
the adequacy of the Bidders qualifications
o Non -collusion Declaration
SALES TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting
Agency retail sales tax on the full Contract amount.
Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. iBb
Page 5 of 11
005
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
CRA WFORD ROAD ABATEMENTS
PUBLIC WORKS PROJECT NO, CE17-0049
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than
fourteen (14) calendar days after Notice to Proceed and to complete the project within the time
stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to
the Bid Documents:
Addendum No. Date of Receipt
Addendum No
Date of Receipt
Addendum No, Date of Receipt
Addendum No. Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid
Proposal and Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid
Documents and will provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the
bid solicitation date for this Project, the bidder is not a "willful' violator, as defined in RCW 49.48.082, of
any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and
notice of assessment issued by the Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct."
Signature:
Date:
06/ 11 /2023
Printed Name and Title:
Location or Place Executed (City, State):
Rabecca Hooper Owner
Olalla, WA
Business Address:
Business Telephone:
14085 Kimber PI SE Olalla, WA 98359
12535149529
NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal
must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the
corporate name by the president or vice-president (or any other corporate officer accompanied by
evidence of authority to sign). Any signature must be notarized below.
Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No, TBD
Page 6 of 11
006
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
STATE OF Washington
)ss.
COUNTY OF_ )
I certify that I know or have satisfactory evidence that Rabecca Hooper signed this
proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as
the Owner (title) of County Line Construction, LLC. (name of party
on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for
the uses and purposes mentioned in this proposal.
Dated this 12 day of _JLLA-C
AMBER NELSON
NOTARY PUBLIC 122034354
STATE OF WASNINGTON
COMMISSION EXPIRES
. SEPTEMBER 21, 2026
20 277,
Notary Public
Ryber ,lei sw
Printed Name
My Commission Expires: 1 a(.]r.110
Project Name Crawford Road Abatement, Project No. _ CE17-0049, Contract No. Tel?
Page 7 of 11
007
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
BIDDER'S QUALIFICATION FORM
CITY OF PORT ORCHARD
CRA WFORD ROAD ABATEMENTS
1. Name of Contractor: County Line Construction, LLC.
Address: 14085 Kimber PI SE 01alla, WA 98359
2. Telephone No.( 253 ) 5149529 Fax No.:
3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: 693,966-01
4. Washington State Dept. of Licensing Contractor's Registration No. COUNTYLC81103
Expiration Date: 11i1812023
5. Washington State Uniform Business Identifier No. 604-510-247
(Must have U8f number before the contract is awarded.)
6. Number of years engaged in contracting business under above name: 3:5 years
7. At the time of bid submittal. did the contractor have a certificate of registration in compliance with
Chapter 18.27 RCW? Yes
8. Does the contractor have industrial insurance coverage for its employees working in Washington as
required in Title 51 RCW? Yes BLS60311224
9. Does the contractor have an employment security department number as required in Title 50 RCW?
(provide number): Yes 000831248-00-2
10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide
number): Yes 84-3009817
11. Has the contractor been disqualified from bidding on any public works contract under RCW 39,06.010
or 39.12.065(3)? No
12. Has the contractor received training on the requirements related to public works and prevailing wage
under chapters 39.04 and 39.12 RCW, as required in RCW 39,04,350(1)(f) Yes
13. Within the three-year period immediately preceding the date of the bid solicitation, was the
contractor (determined by a final and binding citation and notice of assessment issued by the
department of labor and industries or through a civil judgment entered by a court of limited or
general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter
49.46, 49.48, or 49,52 RCW? N
Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No. TOD
Page 8 of 11
008
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
14. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting
requirements more than one time as determined by the department of labor and industries?
No
15. Particular types of construction performed by your company:
Demolition, road building, trenching, drainage, retaining walls, site, prep, ditching, culvert installation
Clearing, grubbing and grading
16. Gross amount of contracts now on hand: $ 287.000.00
17. List similar recent construction projects that your firm has done in the last 5 years:
Amount Type Owner's Name Phone
9,686.00 Mobile Home Demolition Sharon Cain (360) 340-6235
8,655.00 Home Demolition Jaryn Reed (425) 736-3397
Project Name Crawford Road Abatement, Project No. CE17-0049. Contract No, T8a
Page 9 of 11
009
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
18. What is the construction experience of the principal individuals to be assigned to this project?
Years of
Construction
Name Title Experience Availability
Marcus Hooper
Owner 15
Full time
Adam Williams
Foreman 2
Full time
Terry Koester
Tradesman 2
Full time
Pursuant to RCW 39.06.020. the contractor further agrees to verify responsibility criteria for each of its
subcontractors and to require each of its subcontractors to both verify responsibility criteria for its
subcontractors and include instant condition for verification requirement.
NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible
and will be rejected by the City.
6y; _ AzgCf'1'I&w'y ,_
{Authorized Signature
Title: Owner
Date: 06111 /2023
Project Name Crawford Road Abatement, Project No. ` CE17-0049. Contract No. TBD
Page 10 of 11
010
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
NON -COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States
that the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly
or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with the project for which this
proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to
the provisions of this declaration.
13y:
(Authorized Signature
Title: Owner
Project Name Crawford Road Abatement, Project No. CE17-0049, Contract No. TBp
Page 11 of 11
011
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
CITY OF PORT ORCHARD CRAWFORD ROAD ABATEMENT
SCOPE OF WORK.
The project consists of three public nuisance / dangerous building abatements under one contract. The location
consists of two residential properties and one private road, as follows:
1691 SE Crawford Rd.
Property description: — Single-family residential property containing a house and detached garage, dilapidated
fences, vehicles, junk, and garbage.
Scope of Work:
• Obtain all required permits.
• Demolish and lawfully dispose of all structures, including contents, except perimeter fences, which are to
remain.
• Remove and lawfully dispose of everything on the property, including but not limited to all vehicles,
vehicle parts and components, junk, trash, and debris.
1743 SE Crawford Rd.
Property description: — Single-family residential property containing a house and detached garage, numerous
vehicles, vehicle parts and components, equipment, boats, scrap materials, junk, trash, and debris.
Scope of Work:
• Remove and lawfully dispose of all junk, trash, debris, scrap materials, vehicle parts and components, and
all vehicles, boats, and equipment identified by the City as subject to abatement.
SE Crawford Rd.
Property description — Private road located in Port Orchard Washington containing approximately 20 junk or
nuisance vehicles, vehicle parts and components, junk, scrap materials, and trash.
Scope of Work:
• Remove and lawfully dispose of all junk, trash, vehicle parts and components, and all vehicles identified
by City staff as subject to abatement.
The properties are all privately owned. The City of Port Orchard does not own or control the properties. The work
shall be done on behalf of the City of Port Orchard under the authority of warrants issued by Kitsap County Superior
Court.
Bids shall be broken down according to the three properties and the scope of work for those properties.
The contractor shall maintain separate accounting for the three properties and shall provide a final report showing
costs and activities according to the three properties.
Crawford Road must be kept open and accessible to residents and utility and emergency vehicles to the greatest
extent possible during the cleanup. The contractor shall be responsible for traffic control on Crawford Road and
Bethel Road. Obstruction of the road shall be limited to the least extent and shortest time practicable.
City staff will provide Junk Vehicle Affidavits or other documentation for each vehicle, allowing for disposal of
vehicles without impound storage.
1. The contractor shall act as general contractor and shall be responsible for all aspects of the job, including
determining and following all legal and permitting requirements, hiring, managing, and paying any/all
subcontractors and service providers, and for all associated documentation and reporting.
Page 1 of 2
City of Port Orchard Abatement of Crawford Road -Scope of Work
012
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
On the property identified as 1691 Crawford Rd:
a. Obtain all necessary permits and approvals, including but not limited to a City of Port Orchard
demolition permit, prior to commencement of work.
b. Have utilities located, disconnected, and properly capped, prior to commencement of work.
*Decommission of any septic tank
c. Have asbestos removed in a safe manner and in compliance with the regulations of the Puget Sound
Clean Air Agency (PSCAA) prior to demolition.
d. Demolish and completely remove all structures, including all associated foundations, slabs,
concrete porch, fixtures, and utilities, except as follows:
i. Perimeter fences are to remain.
2. Remove and legally dispose of all junk, trash, litter, scrap, demolition debris, and similar materials from the
identified properties. Proof of legal disposal will be required.
3. The contractor will be responsible for the safety and security of the site and their equipment during the project.
4. At the completion of the project all of the work sites shall be left in a thoroughly clean, safe condition, free of
debris, litter, holes, sharp drops, hazards or unsafe conditions. The project will not be considered complete
until the site has been inspected and approved by an official of the City of Port Orchard.
CONTRACTOR QUALIFICATIONS:
1. The winning contractor and all subcontractors must be properly licensed by the State of Washington, not
debarred from bidding on state- and federally -funded contracts, and must have or obtain a current City of Port
Orchard business license prior to commencing work.
2. Award of this contract will depend upon the contractor's ability to perform the work as specified and in a lawful
and timely manner.
3. The contractor shall act as a general contractor and shall be responsible for hiring, managing, and paying any/all
subcontractors and service providers and for all associated documentation and reporting.
4. The contractor shall be responsible for knowledge of and compliance with all federal, state, and local
regulations, permit requirements, and costs applicable to the scope of work.
* *Note: Conditions may change somewhat due to addition or removal of materials on site prior to completion of
the work; however, the conditions at the time of this request for bids are typical of the expected site conditions at
the time of cleanup. Significant changes in conditions may be subject to a change order.**
Page 2 of 2
City of Port Orchard Abatement of Crawford Road -Scope of Work
013
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
COUNTY LINE
253-514-952Y
Job Name:
Proposal Provided To:
Attention:
Date Of Proposal:
Proposal Expires:
Site Address:
Project Description:
Included In Proposal:
County Line Construction, LLC.
14085 Kimber Place SE,
Olalla, WA 98359
Marcus Hooper (253) 514-9529
marcus@countylineconstruction.us
SE Crawford Road Abatement
Christine Civiletti
Monday, June 12, 2023
30 days after submittal
1743 SE Crawford RD
Port Orchard WA,
remove all debris and junk from road
• Provide equipment, labor and materials for the following:
• equipment delivery and mobilizations
• remove all junk, trash and vehicles as directed by port orchard
Excluded From Proposal: any additional work not noted in goute, work in adverse weather conditions, work in wet weather
conditions.
Labor Materials Subs
Comments
Line Item 1:
equipment deliveries
$455.00
$0.00
$0.00
Line Item 2:
remove and off haul all vehicles
materials section is for dump
fees and trucking
$4,989.00
$2,166.00
$0.00
Line Item 3:
remove and off haul all
garbage, trash and debris as
directed by port orchard
$3,188.00
$898.00
$0.00
Line Item 4:
$0.00
$0.00
$0.00
Line Item 5:
$0.00
$0.00
$0.00
014
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Line Item 6:
$0.00
$0.00
$0.00
Line Item 7:
$0.00
$0.00
$0.00
Line Item 8:
$0.00
$0.00
$0.00
Line Item 9:
$0.00
$0.00
$0.00
Line Item 10:
$0.00
$0.00
$0.00
Line Item 11:
$0.00
$0.00
$0.00
$8,632.00 $3,064.00 $0.00
Sub Total: $11,696.00
Tax:9.3 $1,269.54
Total: $12,965.54
Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on
site. The remaining 50% will be due when project is complete and customer is 100% satisfied.
By signing this document, the customer agrees to pay Print
the total amount of $12,965.54
**Tax not included** Sign
Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you.
015
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
County Line Construction, LLC.
'4"� &14085 Kimber Place SE,
LINTY LINE 01alla, WA 98359
CONSTRUCTION & EXCAVATION Marcus Hooper (253) 514-9529
253-514-9529 marcus@countylineconstruction.us
Job Name:
16915E Crawford Road Abatement
Proposal Provided To:
Christine Civiletti
Attention:
Date Of Proposal:
Monday, June 12, 2023
Proposal Expires:
30 days after submittal
Site Address:
1743 SE Crawford RD
Port Orchard WA,
Project Description: Demo all structures at address, remove cars and junk from property.
Included In Proposal:
• Provide equipment, labor and materials for the following:
• equipment delivery and mobilizations
• remove and off haul all structures
• remove and off haul all foundations and concrete
• remove all vehicles
• materials testing and abatement
• remove all junk, trash garbage from property
• provide permits and fees for permits
Excluded From Proposal: any additional work not noted in qoute, work in adverse weather conditions, work in wet weather
conditions.
Labor Materials Subs
Comments
Line Item 1:
equipment deliveries
$1,366.00
$0.00 $0.00
Line Item 2:
remove and off haul all
structures
materials section is for dump
fees
$8,485.00
$3,688.00
$0.00
Line Item
remove and off haul all concrete
foundations and slabs
$4,589.00
$2,596.00
$0.00
Line Item 4:
remove and dispose of all
vehicles
$3,688.00
$5,686.00
$0.00
Line Item 5:
remove all trash and garbage
from site and clean up
$2,488.00
$986.00
$0.00
Line Item 6:
provide permits
$566.00
$1,599.00
$0.00
016
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Line Item 7:
materials testing and
abatement
$0.00
$2,655.00
$0.00
Line Item 8:
disconnect utilites from
structures
$0.00
$1,355.00
$0.00
Line Item 9:
$0.00
$0.00
$0.00
Line Item 10:
$0.00
$0.00
$0.00
Line Item 11:
$0.00
$0.00
$0.00
$21,182.00 $18,565.00 $0.00
Sub Total: $39,747.00
Tax:9.3 $3,570.45
Total: $43,317.45
Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on site.
The remaining 50% will be due when project is complete and customer is 100% satisfied.
By signing this document, the customer agrees to pay Print
the total amount of $43,317.45
**Tax not included** Sign
Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you.
017
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Ad PNTYLINE
CONSTRUCTION & EXCAVATION
253-514-9529
County Line Construction, LLC.
14085 Kimber Place SE,
Olalla, WA 98359
Marcus Hooper (253) 514-9529
marcus@countylineconstruction.us
Job Name:
1743 SE crawford Road Abatement
Proposal Provided To:
Christine Civiletti
Attention:
Date Of Proposal:
Monday, June 12, 2023
Proposal Expires:
30 days after submittal
Site Address:
1743 SE Crawford RD
Port Orchard WA,
Project Description: remove and off haul all debris, vehicles and garbage
Included In Proposal:
• Provide equipment, labor and materials for the following:
• equipment delivery and mobilizations
• remove all garbage boats and debris
• remove vehicles and dispose of legally
Excluded From Proposal: any additional work not noted in qoute, work in adverse weather conditions, work in wet weather
conditions. Building removal and off haul
Labor Materials Subs
Comments
Line Item 1:
equipment deliveries
$1,366.00
$0.00
$0.00
Line Item 2:
remove and off haul garbage
and debris boats
materials section is for dump
fees
$5,966.00
$3,989.00
$0.00
Line Item 3:
remove and off haul vehicles
$4,589.00
$2,596.00
$0.00
Line Item 4:
$0.00
$0.00
$0.00
Line Item 5:
$0.00
$0.00
$0.00
G7E7
DocuSign Envelope ID: 4D6FEF55-E997-4328-A022-8A4EF4D14C08
Line Item 6:
$0.00
$0.00
$0.00
Line Item 7:
$0.00
$0.00
$0.00
Line Item 8:
$0.00
$0.00
$0.00
Line Item 9:
$0.00
$0.00
$0.00
Line Item 10:
$0.00
$0.00
$0.00
Line Item 11:
$0.00
$0.00
$0.00
$11,921.00 $6,585.00 $0.00
Sub Total: $18,506.00
Tax:9.3 $1,721.58
Total: $20,227.58
Please know, in order to begin work, we ask for 50% of total project value once project is approved for construction and materials are on
site. The remaining 50% will be due when project is complete and customer is 100% satisfied.
Rob Putaansuu
By signing this document, the customer agrees to pay Print DocuSigned by:
the total amount of $20,227.58 96 YJ SSW
**Tax not included** Sign 1`� i
tee...
Thank you for considering County Line Construction, LLC. We look forward to making this an enjoyable experience for you.
019