Loading...
073-18 - Olson Brothers Pro-Vac LLC - ContractCITY OF'PORT ORCH SMALL WORKS OVER 35K CONSTRUCTION CONTRACT NO. 073-18 PUBLIC WORIG PROJECT NO. 2018.020 THIS Agreement is made effective as of the 25ft day of September 2018, by and between CITY OF PORT ORCHARD, WASHINGTON (*CITY') 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and oLSON BROTHERS PRO-VAC LLC ("CONTRACTOR') 66221121h St E Puyallup, WA 98373 Contact: GrahamGill Phone: 253.435.4328 Email: graham.gill@pro-vac.com for the following Project: 2018 Stormwater Catch Basin & Pipe Maintenance ((PROJECT') The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Consffuction, 2018 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and City of Port Orchard and Olson Brothers Pro-Yac Public Worlrs Project No. 2018-020 Rev l/29i18 Small Works Contract No. 073-18 U:\STORMWATER PROGRAIv{\Operatioos and Meinteoare\Catch BesinsUOlS CB Cleaning\Olson Brothers\Contrrct_Draft 2018 Catch Basiu Mainteuare.doc Page I of 16 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. The intent of the Contact Documents is to include all items necessary forthe proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be October l't 2018. The Contractor shall substantially complete the Work not later than December 3l't 2018, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $69,510.33 (includes applicable sales tax). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Consffuction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to fumish insurance of the types and in the amounts set forth in the Consffuction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himselfl his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, adminisrators, successors, and assigns, does hereby agree to the full perfornance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and Olson Brothers Pro-Yac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 UISTORMWATER PROGRAI\AOperations aod Maineoare\Catcb BasinsU0lS CB Cleauing\Olson Brotbers\Cootrect_Drs0 20lt Catch BEsir Maiatetare.doc Page2 of 16 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR O \sr..o*\s.5 o- Robert By: Its: ATTES CATE: y Rinearson, MMC, City Clerk APPROVED AS TO FORM: Cates, CitV City of Port Orchard and Olson Brothers Pro-Vac Public Worlcs Project No. 2018-020 Rev l/29l18 Small Works Conffact No. 073-18 U:\STORMWATER PROGRAlvflOperations nnd Mainteoarrce\Calch Basi$\201E CB Cleedog\Olson Brothers\Contract_Drafr 20lE Catch Basiu Maialernme.doc Page 3 of 16 Mayor CERTIFICATE AS TO CORPORATE PRINCIPAL I,fn nV.e O \s o ,^(Corporate Officer Not Contract Signer)) certify that I am the Cbo (Corporate hereto; thatTitle) of the corporation named as the Conffactor in the Agreement attached \P es\e^^, -$t o 'J (Contract V,P. Signe) who signed said Agreement on behalf of the was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp signature (not conffact signer)h,V. o\S,,', Printed L6o Title State of tD A County of Pr erc- ) ) duly sworn, deposes and says that he/she is (corporate fficer (not contract signer)) being Cbo (Corporate c o Title)of O \s o *. .B r ,\ocs Pt o ,Uo.-(Name of Corporation) Subscribed and sworn to before me this day of DJ 20 rB tu l,t?trl IER Notary Public (Print) My commission expires LDJ) Or W City of Port Orchard and Olson Brothers Pro-Vac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Worlcs Contract No. 073-18 U:\STORMWATER PROGRAIyI\Operations eod Maiuteoare\Catch Bssins\20lt CB Cleaniug\Olson Brothers\Contrac-t_fha0 20lE Catcb Basil Mniateneme.doc Page 4 of 16 AT RY\\0 a,6, I tt I at,tPusutc 7 I CITY OF PORT ORCHARI) PUBLIC WORI( PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govem all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, frrm or corporation that has made an offer in response to the invitation to bid. "'Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfiII the Contractor' s obligations. 3. LICENSING AND REGISTRATION: The Conffactor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3) 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are wamed to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & lndustries, Statement of Intent to Pay Prevailing Wages and Affrdavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSTIRANCE REQUIREMENT: The successful bidder will fumish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. City of Port Orchard and Olson Brothers Pro-Vac Public Worl<s Project No. 2018-020 Rev l/29l18 ff#lK:#rm'#.'.;ql3;li"oance\catch *."r.ir":r".l"Ti\T* ",orhers\contract Draft 20rE carcrr Brsi, Maiuteuarrce.doc 7 . PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Conffact Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to fumish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organrz.ations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. I 1. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Conffact supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the CitV and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City.No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The parfy requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed-price wriuen estimate of the cost and time impact of the change in Work; and (c) The City and the Conffactor shall execute a Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly.A Change Directive shall onlybe used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev l/29l18 fg#[K:#rffiflJ,?;?I';'J"osme\catch Basrnsv0rE cB c;Ti,rt* "-rrrers\conrract rhft 2orE catch Basin Maintena,ce doc Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnifu and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor's own risk. The Contractor shall defend, indemnifu and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attomey fees, arising out of or in connection with the perfornance of this Contract, except for injuries and damages caused by the sole negligence of the CitV. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its offrcers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Indusfiial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: l) by mutual written agreement;2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or perfornance occurring prior to termination survives; 2)If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incuned by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. City of Port Orchard and Olson Brothers Pro-Vac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 U:\STORMWATER PROGRAI\AOp€rstions aod Mainteoare\Catch RrsiosE0lE CB Cleaniry\Olson Brothels\Cootnct_f,ha0 20lE Catch Basin lvlainteunce.doc Page7 of 16 19. COMPLIANCE WITH TERMS: The City may at any time insist upon sffict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the CitV along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either parry may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative consffuction rules of JAMS. The parties may select an artitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Olson Brothers Pro-Vac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Worlcs Contract No. 073-18 U:LSTORMWATER PROcRAlvflOperstions aod Maiutename\Calch BosinsE0l8 CB Ckaniug\Olsou Brothers\Coatract_Dra$ 20lt Catch Basin Maiatemme.doc Page 8 of 16 CITY OF PORT ORCHARD INSURANC E REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the tlpes described below: Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Offrce (ISO) form CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. a a Commercial General Liabiliry insurance shall be wntten on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injr.y and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 I I 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Builders Rruk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Conffactor and written acceptance by the City. Any City of Port Orchard and Olson Brothers Pro-Yac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 U:\STORMIMATER PROGRAIT \Operatioos and Mainteoare\Catch BrcinsVOt8 CB Cleauing\Olson Brotbets\Contrmt_Dra0 20lE Catch Basir Mainteuame.doc Page 9 of 16 o a increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the CitV. Employer's Liabilifl insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit $ 1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: Automobile Liabiliry insurance with a minimum combined single limit for bodily injury and property damage of $ 1,000.000 per accident. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Other lnsurance Provisions. The Conffactor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the CitV. Any insurance, self-insurance or inswance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary structures, scaflolding and protective fences. Waiver of Subroeation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subconffactors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. City of Port Orchard and Olson Brothers Pro-Vac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Worla Contract No. 073-18 U:\STORM$/ATER PROcRAlvflOpemtioos and Mnhteoame\Catch BasiB\20IE CB Clealiug\Olson Brothers\Contrect_fh80 2018 Catcb Basin ldeinteuame.doc Page l0 of 16 a a a O Verification of Coverage. The Contractor shall fumish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practrces. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Mai Insurance The insurance required by this Section will not be canceled, materially changed or altered without forry-five (a5) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City hay, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Olson Brothers Pro-Yac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 U:\STORMWATER PROGRAIvI\Operations and Meiutenarce\Catch BasinsEOlE CB Cleadng\Olson Brothers\Cootrrct_fhaft 20lt Catch Basil Mainteneme.doc Page ll of16 CITY OF PORT ORCHARI) DECLARATION OF OPTION F'OR PERFORMANCE BOI\D OR ADDITIONAL RETAINAGE Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to: (1) Furnish a perfornance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. ) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total confract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option2,the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and tnrly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a perfonnance bond shall be released at the time provided in said option 2, otherwise, the funds shall be retained until the Contractor fulfills the said obligations. -z-l-/'<0:6 Contractor Bond No. ro -a-/2 /o6Qz Lt 8Zt City of Port Orchard and Olson Brothers Pro-Yac Public Worlrs Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 U:\STORMWATER PROcRAlvflOperations aod Maistename\Catch BssinsU0lt CB Cleaning\Olson Brotbets\Contracl_Draft 20lE Catch Besin Msintename.doc Page l2of16 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD CONTRACT NO.073.18 Bond to City of Port Orchard, Washington Bond No. 106974881 We,Olson Brothers Pro-Vac, LLC and Travelers Casualty and Surety Company of America (Principal)(Surety) a Connecticut Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Sixty-Nine Thousand Five Hundred Ten and 33ll00ths Dollars ($6e 510.33 the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the perforrnance of Principal in connection with a contract dated September25 _,20__!q, between Principal and Owner for a project entitled 2018 Stormwater Catch Basin & Pipe Maintenance, Public Works Project No. 2018-020 Contract No. 073-18 ontract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Perforrnance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and o Pays the taxes, increases and penalties incurred on the Project under Titles 50, 5l and 82 RCW on: (A) Projects referred to in RCW 60.28.011(l)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemniff, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Perforrnance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Perforrnance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the City of Port Orchard and Olson Brothers Pro-Vac Public Worl<s Project No. 2018-020 Rev l/29l18 IfflKlif .ff#'IfiZi !*^!^!!;!,!"nance\catch "^,".oi,;;: i'T?"ff" Brothers\contraa Draft 20r8 catch Basin Maintenance doc Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Perforrnance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washinglon. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this lst day of October 20 l8 . Olson Brothers Pro-Vac, LLC Travelers Casualty and Surety Company of America Principal t( Sign of Offrcial Au By Carley Espiritu Attorney in Fact (Attach Power of Attorney) I Co v Name and Title Name and address of local office of Agent and/or Surety Company:Propel Insurance P.O. Box 2940 Tacoma, WA 98401-2940 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section l-02.7 of the Standard Specifications. City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev l/29l18 Small Works Contract No. 073-18 U:\STORMWATER PROGRAtvI\Operations and Maintenance\Catch Basins\201 8 CB Cleaning\Olson Brothers\Contract_Draft 201 8 Catch Basin Maintenance doc Page 14 of 16 ACKNOWLEDGEMENT Corporation, Partnership, or Individ ual STATE OF A )ss COUNTYOF PioS.E On this day to me known to be the (check one of the following boxes): ?.of O lso,, Bt o\\e,s P.o-\Jc^{. , the corporation, ) of oJ"b-20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally a a oo E of the partnership, individual, that executed the foregoing instrument to be the free and voluntary act and deed of said x corporation,tr partnership, E individual for the uses and purposes she was authorized to execute said instrument. therein mentioned, and on oath stated that f he WITNESS -y hand and official seal hereto affixed the day and year first above written. IER t a a a I s0TARr PugutC I tI I a a a a a 7 I talt Notary Seal with Ink Stamp Dated: Ool'L* q,Jot) 2,/--< tvte\a^in 8-oss Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:of\t^lc" My Commission expires:a 9o o City of Port Orchard and Olson Brothers Pro-Vac Public Worl<s Project No. 2018-020 Rev ll29ll8 Small l{orks Contract No.07i-18 U:\STORMWATER PROGRAlAOperations and Maintenance\Catch Basins\2018 CB Cleaning\Olson Brothers\Contraa_Draft 20lt Catch Basin Maintenance doc Page l5 of 16 ) SURETY ACKNOWLEDGEMENT STATE OF WASHINGTON ) COUNTY OF PIERCE ) on this lst day of October 20 l8 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally Carley to me known to be the Attorney-in-Fact of Trau.lers Casualty m , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free act and deed of said corporation, for the uses and purposes therein mentioned, and on oath he x she was authorized to execute said instrument. WITNESS rny hand and official seal hereto affixed the day and year first above written. )ss and voluntary stated that E ,\\\l1 r1 S --a Y,Za ,I 2 0' t1 OFItrr Notary Sealwith Ink Stamp Print or type name NOTARY PUBLIC, in and for the State of Washington Dated: l0l0ll20l8 Karen C. Swanson Residing at: Tacoma My Commission expires : lll20l202l City of Port Orchard and Olson Brothers Pro-Vac Public Works Project No. 2018-020 Rev l/29l18 Small l{orks Contract No. 073-18 U:\STORMATER PROGRAIvI\Operations and Maintenance\Catch BasinsVO I 8 CB Cleaning\Olson Brothers\Contract_Draft 201 8 Catch Basin Maintenance doc Page l6 of16 \ Trave ers Casualty and Surety Company of Amer ca Travelers Casualty and Surety Company St. Pau F re and Mar ne Insurance Company POVI'ER OF ATTORNEY KNOW ALL fEN BY THESE PRESE TS: That TraveleE Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company are corporations duly oEanized under lhe laws of the State of Connec'ticut (herein colledively called the "Companies"), and that the Companies do hereby make, constitute and appoint Carley Espirltu, of Tac-ma, Washington, their true and lawful Attomey-in-Fac't to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature ther€ot on bshalf ot tha Compani6 in their business of guaranteeing the fidelity of peGons, guaranteeing thE perfomance of contracts and ex€cuting or guaranteeing bonds and undeiakings required or permitEd in any aclions or proceedings allovv€d by law. lN WTNESS WHEREOF, the Companies have caused thb inskument to be signed, and theircorporate seals to be hereto afiixed, this 3rd day of Fobruary, 2017. State of Connecticut City of Hartford ss. Attorney By On this the 3rd day of Fobruary, 2017, before me pelsonally appeaGd Robort L, Ranoy, who acknowledged himself to be the Senior Vice President of Tr8velers Casualty and SuEty Company of America, TraveleB Casualty and Surety Cornpany, and St. Paul Fire and Msrine lnsurance Company, and that he, as such, being authorized so to do, executed the foregoing instrumer for the purposes therein contained by signing on behalf ofthe corporaliona by himself as a duly authorized officer ln Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2021 Marib C. Tetreault, Notary Public This Po^€r of Attomey is granted undsr and by the authoity of the following resolutions adopted by the Boards of Direc{ors of Travelers Casualty and SuEty Company ofAmerica, Trar€lers Casualty and SurBty Company, and St. Paul Fire and Marina lnsurance Company, which resolutions ara now in full torce and effed, Eading as follovys: RESOLVED, that the Chaiman, the Presidenl, any Vice Chaiman, any Executirre Vice Pcsident, any Senior Vice President, any Vice President, any Second Vica President, lhe Treasurer, any AssBtant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fac't and Agenls to ac't for and on behaf of the Company and m8y giw such appointee such authority as his or her certificate of authotity may proscribe to sign with the Companys name and s6al yyith the Company's seal bonds, recognizances, contracis of indemnity, and other writings obligatory in the nature of a bond, Ecognizance, or conditional undertaking, and any of said ofrcers orthe Board of Direclors at any time may remove any such appoinlee and Evoke the polwr giwn him or her; and it is FURTHER RESOLVED, that the Chairman, the Pr$ident, any Vica Chairman, any Executive Vice President, any Senior Vice President or any Mce PresidEnt may del€gate all or any part of the foregoing authority to one or mole oficeB or employses of this Company, provided that each sudr delegation is in writing and a copy thereof is filed in the ofiics ofthe Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, r€cognizance, or conditional undertaking shall be valid and binding upon the Compsny when (a) signed by the Presidenl, 8ny Vice Chairman, any Executilre Vice President, any Seniot Vice President or any Vice Presiilent, any Sgcond Vice President, the Treasursr, any Assistant TEasurer, the CorporaE Secretary or any Assistant Secretary and duly atigst€d and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fac{ and Agents puBuant to th€ power prescribed in his or her cediticate or their ceiificates of authority or by one or mole Company oftcers purEuant to a written delegation ot aulhority; and it is FURTHER RESOLVED, that the signature of each ofthe following ofiicers: President, any ExecutivE Vice President, any SeniorVice Pr€sident, any Vice President, any Assistant Vice PEsident, any SecEtary, any Assistant Secretary, and the s€al of the Company may be affixed by facsimile to any Po,{er of Altornsy or lo any certificate Elating thereto appointing Resident Vrce Pr$idents, Resident Assistant Sesetaries or Atomeys-in-F8d for purpos$ only of sxecuting and attesting bonds and unde akings and otherwritings obligatory inthe naturethereot and anysuch Povyer otAttomey or certificate bearing such facaimile signature or tacsimile seal shall bs valid and binding upon the Company and any such pourer so executed and certified by such facsimile signature and facsimile sealshallbe valid and binding on ths Company in the future with rssped lo any bond or understanding to which it E attached. l, Kevln E. Hugh€s, the undersEned, A$istant Secretary of Travelers Casualty and Surety Company of Americ€, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, do hereby cediry that the above and bregoing is a true and coned copy of thB PowEr of in fullfo @ePresident hnq^^-l- C trF\rarLLt said day of I rKevin g. nughes, Assi3tant Secretary To verify tfie autfienficity of tfiis Power of Attomey, please all us at 7-8OO427-38O. Please rcfer to the above-named Attomey-in-Fact and tfie details of the bond to which tfie power is athched. }TARTrcM. coloa. * cilrrlr fAr * cccrrr t{lr Dated this RELEASE OF RETAINAGE BOND OF CONTRACTOR Bond No. 106974887 KNOW ALL MEN BY TFIESE PRESENTS: That we olson Brothers Pro-Vac LLC (hereinafter called Principal),and Travelers Casualty and Surety Company of America a corporation organized and doing business under and by virtue of the laws of the state of Connecticut and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required and authorized by the State of Washington, (hereinafter called Surety), as Surety, ilE held firmly borrnd unto City of Port Orchard (hereinafter called Obligee) in the j ust and fulI sum of Three Thousand Four Hundred Seventy-five And 52ll00THS 63,475.52 ) plus 5Y, of any increases in the confract arnount that have occured or may occur, due to change orders, increases in the quantitiesor the addifion of any new item of work THE CONDITIONS OF THIS OBLIGATIoN ARE SUCH THAT, Whereas, the said Principal on ttre 25 day of oq , 2018 entered into a written conhact vuith the said obligee fbf 2018 Stormwater Catch Basin & Pipe Maintenance, Public Works Project No 201 8-020, Small Works Contract No 073- I 8 which said contract is hereby referred to and made a part hereof by reference. WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release of retained percentage earned or which may be earned under said contracl and, WHEREAS, the obligee is willing to release retained percentage in advance of contact terms relating to payment provided the principal shall file bond to indemniff the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal, which bond shall be subject to all claims and liens in the same marner and same priority as apply to the retainage percentage released, or to be released, NOW, TIIEREFORE, the condition of this obligation is such that if the principal shall indemniff the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retained percentage to the principal then this obligation shall be null and void unless otherwise to remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 8th ,day of october. , 2018 Olson Brothers Pro-Vac, LLC By: Principal and S any of America Espiritu By: Car Attorney-in- Trave ers Casua ty and Surety Company of Amer ca Travelers Casua ty and Surety Company St. Pau F re and Mar ne Insurance Company POflER OF ATTORI{EY KNOW ALL EN BY THESE PRESE TS: That TraveleB Casualty and Surety Company of Amerba, Travelers Casualty and SuEty Company, and St. Paul Fire and Marine lnsurance Company are corporations duly organized under the laws of the Stat€ of Connecticut (herein colledively called the "Companies"), and that the CompaniEs do hereby make, constitute and appoint Cerley Espiritu, of Tacona, Washington, their true and lawful Attorney-in-Fact to sign, arecuta, seal and acknowledgo any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf ot the Companies in their business of guaranteeing the fidelity of peBons, guaranteeing the performance of contrads and executing or guaEnEeing bonds and undedakings required or permitted in any adions or proceedings allo,r'€d by law. lN WTNESS WHEREOF, the Companies have caused thb instrumentto be signed, and their corporate seals to be hereto afixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. By H On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who ackno$rledg€d himself to bs the Senior Vice PresidEnt of Travelers Casualty and Surety Company of America, TraveleB Casualty and Surety Company, and St. Paul FirB and Marine lnsurance Company, and thst he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf ofthe corporations by himself as a duly authorized officer. !n Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June,2O21 fflqn^,r- C trfuau,t-* This Po!rer of Attorney b granted under and by lhe authority of the following resolutions adopbd by th6 Boards of Diredors ot TrarreleE Casualty and Surety Company ot America, Tlawlers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, wttich resolutions are now in full brce and effed, reading as tollo|s: RESOLVED, that the Chairmsn, the PrBsident, any Vice Chaiman, any Executir€ Vice President, any Senior Vice Ptesident, any Vice Prasident, any Sscond Vice Presidsnt, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any A$istanl Secretary may appoint Anorneys-in-Fact and Agents to ad for and on behalf of the Company and may give such appointee such authority as his or her cediFrcate of authority may prescribe to sign with the Company's name and seal with the Companys seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undedaking, and any of said ofiicers orthe Board of DiredorE at anylime may remove any such appointee and revoke the pou/er given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Pr€sident, any Senior Vice President or any Vice President may delegate all or any pad of the foBgoing authority to one or morc offcers oremployees of this Company, provided that each such dslegation is in writing and a copy thereof is filed in the offce ofthe Secretary; and it is FURTHER RESOLVED, that any bond, r€cognizance, contrac't of indemnity, or writing obligatory in the nature of a bond, rBcognizance, or conditional unde aking shall bs valid and binding upon the Company when (a) signed by the Pr$ident, any Vice Chairman, any Executirre Vice President, any Senior Vice President or any Vice Plesirent, any Second Vrce Pr$ident. the Treasurer, any Assistant Treasursr, the Corporate Secretary or any A$istant SecEtary and duly attested and sealed with the Companys se8l by a Seqetary or Assistant Secretarl or (b) duly executed (under seal, if requir€d) by one or more Attorneys-in-Facl and Ag6nt8 purEuant to the povver prescribed in his or her cerlificate or their certificabs of authority or by one or more Company oficers pursuantto a ryritten delegation of authority; and it is FURTHER RESOLVED, that the signature of sach ofthe following oftceE: President, any Executive Vice President, any SeniorVice President, any Vice President, any Assbtant Vice Pr$ident, any Secretary, any Assislant Secretary, and the seal of the Company may be affx€d by facsimile to any Power of Attorney or to any certificate relating thersto appointing Resident Vice PEsidents, R$ident Assistant SgcrBtaries orAttorneF-in-Fad for purposes only ofexecuting and atbsting bonds and undertakings and otherwritings obligatory in the nature thereof, and any such Po$,er of Attomey or cediticate bearing such facsimile signature or facsimil€ ssal shall be valid and binding upon the Company and any such power so er(ecuted and certified by such facaimils signalure and facsimile seal shall be valid and binding on the Company in the future with resped to any bond or understanding to which it is attached. l, Kevin E. Hughca, the uodersign€d, Assistant Secretary of Travelers Casualty and Surety Company of America, Tra!€lers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, do hereby certify that th€ above and foregoing is a true and corsct copy of the Porver of Attorney executed by said Companies,which remains in fullforce and effect. day of Z* f /4+ To verify tfie autfienficiry of this Power of Attorney, plea* call us at 7-8OO427-3ffi0. Please rcfer to the above-named Attorney-in-Fad and Ap details of the bond to which lhe power is attached. na itARTFOrc,mili.C t cmrlt t{rr * cilil,rlt l{rr HAffTFORD, co}tN. Dated this