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079-18 - Pumptech, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 35K CONSTRUCTION CONTRACT NO. C079.18 PUBLIC WORKS PROJECT NO. 2018.024 THIS Agreement is made effective as of the 29th day of November, 2018, by and between ctTY oF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and PUMPTECFI, INC. ("CONTRACTOR") 12020 SE 32'd St Ste 2 Bellevue, WA 98005 Contact: Steveskogmo Phone:425.644.8501 Email:sskogmo@purnptechnw.com for the lollowing Project: Melcher Pump Replacement ("PROJECT") The City and Contractor agree as follows: l. Contract Docurnents. The Contractor shall complete the Work described in the Contract Documents for the Project. The follolving documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (l-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issucd aftcr execution of this Agrccment; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Docutnents a-f. City s7pu,'t Orcharclancl PumpTech, Inc P ublic l'llorlis P t'oject No.20 I 8-02 4 Small l'ltorks Conlt'acl No. C079-18 Page I of 17 Rev l/29l18 The intent of the Contract Documents is to include all items necessary for the proper executiorr and completion of the Worl< by the Contractor. These Contract Documents complement eaclr other in describing a complete work. Any requirement in one document binds as if statecl in all. The Contractot' shall provide any work or materials clearly irnplied in the Contract even il't6e Contract does not mention it specifically. 2. Date of Com nellcement ancl Substantial Completion Date. The date of commencemelt shall be Novetnber 291h,2018. The Contractor shalt substantially complete the Work not later than Deeernbe+3t129+S, subject to adjustment by change orcler. . )(lr\tl(,tv.) 4tt? t- { t 3. l'he Contractor shall do all work and furnish all tools, materials, and equipment i1 accordatrce with the above described Construction Contract Dclcuments. The Contractor shall provicle attd bear the expense of all equipnrent, vvork, and labor of any sort whatsoever that rnay be required fol the tralrsfer of matcrials and for constructing ancl completipg of the worl< provided for in these Constructiott Contract Docurnents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change orcler, the construction Contract Sum is the base bid amottnt of $8,610.98 (including applicable sales tax). The construction Contract Sum shall include all items and services necessary for tlre proper execution and completion of the worl<. The City hereby promises and agrees with the Contractor to employ, ancl cloes employ the Contractor to provide the materials and to do ancl caLrse to be done the work described irr the Construction Contract Documents and to complete ancl finish the same according to the plans and specifications and the tenns and condiiions 6erein contained; and hereby contracts to pay for the salne at the time and in the mannet.and upon the conditions provided for in this Contract. 5. The Contt'actor agrees to comply with all state ancl federal laws relating to the employment oflabor and wage rates to be paid. The Contractor agrees to furnish insurance of the types a,d in the amottnts set forth in the Construction Contract Documents. 6' The Contractor agrees to lepair and replacc all property of the City aud all property of others damaged by himself, his employees, and sub-contr.actors. 7. 'l'he Contractol lor himself and fbr his heirs, executors, adrninistrators, syccessor.s, and assigt.ts, does hereby agree to the full perfblmauce olall the covenants herein upon the par.t of the Contl'actor. 8 It is furthcr provided that no tiability shall attach to the City of port Orchard by reason ofenteling into this Constructiott Contract, except as expressly provicled herein. C'it1, s7 pt,l Orchat'd and Pmnp'l'ech, lnc Pu bl ic' ll;orks Projecl ltto. 20 I 8-02 4 Snull ll'orks Contruct I'o. C079-t8 Page 2 of 17 Rev 1l29ll8 lN WITNESS WHE,REOF, tlte parties lrereto have caused tlris contract to be duly executcd orr the date first written above. CITY OF PORT ORCHART)CONTRACTOR Robert Mayor Its: z A TE: Clcrk APPROVED AS TO FORM: Cates, Citl, sY pt,', Orchard und PunpTech, lnc Public ll'ork.s Project No. 20 I 8-02 I Snrull ll'orks C'ontract h'o. C079-18 Page 3 of 17 Rev l/29118 I j' CERTIFICATE AS TO CORPORATE PIIINCIPAL I, Signer))certify that I am the Titl e)of the ctl rati on named as the Contractor in the Agreement attached hereto; that (c,onlracl S'igner) who sign ed said Agreement on behalf (Corporate Title) of saidof the tractor, was then corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal c Oflicct' (Not Contracl (Corporale igner)) beirrg sigqature (not contract signer) l<4o Pr:igted*tn U<rz Title State of County of :\,r0"vra ?AL duly s deposes and says that ets Title) of nt. Subscribed and sworn to before rne this ) ) controct s lltLV uz (Corporote (Name o-f Corporation) r'.Y1.-? day of mloa llL S',gtd4q/nz((t a a a a a a a a o Notary Publ ic (Signature) ae AJel/nerUt Notary Public (Print) My comrnission expi res tltluLz-a a a ataaaaoo' OF Cig, sl po,'t Orchurd and PunpTech, lnc P ttbl ic ll'ork.s Pt'oject No.20 I 8-02 4 Snrull ll/ork,s Contracl l\to. C079-18 Page 4 of l7 Rev l/29l18 (cgrporate HIViuw n[a aooaooaaa a a a a a a a a a NOTARY eunlc coi,lM'GxPtttt fAN.0l,1022 a a CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 20ltl edition, together with the APWA Sr,rpplement (Sectiorr I-99), as issued by the Washinglon State Department of Transportation and Americalt Public Works Association, Washington State Chapter, hereinafter referred to as the "standat'd specifications". The standard specifications, except as they rnay be modified or' superseded bythese provisions, shall govenr all phases of workunderthis Contract, and they are by reference made an integral part of these specifications and Contract as i[herein I'ully set fbrth. When the provisions of the standard specification conflict lvith the terms and conditions as contained herein, the tclrns and conditions shall prevail. l. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational statc. All prices including bid prices are in US funds. 2. DEFINITIONS: The term'oCity" means Port Orchard, Washington, "successful bidder'" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who teceives a contract executed by the City. "Bidder" lncans the person, firm or corporation that has made an offer in response to thc invitation to bid. "Work" means the construction and services required by the Contract Docurnents, whether completed or partially completed, and includes all other labor, rnaterials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor' s obl igation.s. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Ernployment Security Department number, and a state excise tax registration number. ln addition, the bidder rnust not be disqualified fiom bidding on any public works contracts rrnder RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state larv. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fi'inge benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are takcn into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachrnent entitled "lnsurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. Ciry of Port Orchard and PunrpTech, Inc P u bl ic ll/orks P t'oject No.20 I 8-02 4 Snrull lYorks Contract No. C079-18 Rev l/29l18 Page 5 of 17 7. PROJECT COMPLIANCE: In cornpliance with the request for quotation, Bidder hereby pl'oposes to pelform all wolk for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set fbrth herein with the understanding that tirne is of the essence in the peformance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable, 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all perrnits, inspection fees, and fees required in thc perfot'mancc of this Contract, including those charged under RCW 39.12.070by the Depattment of Labol and Industlies for the approval of statements of intent to pay prevailing wages and the certificatiou of affidavits of wages paid, etc. The Department may also charge fees to pet'sons or organizations requesting the arbitLation of disputes under RCW 39,12.060. 'l'he Coutractor is responsible fol all fees resulting from these statutes. I l. CONTRACT: The Contract, when ploperly signed, will be the only form that will be recognized by the City as alr award. The executed Contract supersedes all previous comtnunications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not mal<e any changes, alterations, or variations ilr the terms of the Contract without the writtcn consent of the City. No tclms statcd by thc Biddcr in its proposal shall bc binding on the City unless accepted in writing by the City. The successfirl bidder may not assign the Contract resulting from this invitation to bid without the City's plior written consent. No waiver by the City of a breach of any plovision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall cornply with the following procedure to document and reflect a change in the Wolk: (a) The pafty requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before ploceeding with the change in Work, unless otherwise excused by clxcl'gcncy, the Contractor shall providc thc City with a fixcd-pricc wlittcn estimate of the cost and time irnpact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the cliange in Work, the fixed-price cost, and the extension of the Substantial Completion I)ate, if any. If the change in Wolk cannot be performed on a fixed-price basis, the Change Ordel shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreernent on adjustrnent, if any, i1 the Contract Suur or Substantial Completion Date, or both. l-he City rnay by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Cornpletion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the tenns of a Change Order. Upon receipt of a Charrge Directive, the Contractor shall pronptly proceed with the change in the Work and advise the City of its agreernenl or disagreement with the proposed rnethod for detel'rnining the proposed adjustment in the Contract Sum and/or Substantial Cornpletion Date, if any, providcd in thc Changc Dircctivc. A Change Directivc signed by the Contractor indicates agl'eement with all tenns set forth in the Change Directive. Cit1, s7po,'t Orchard and PunpTech, Inc Public I'Yorks P roject No. 20 I 8-021 Snall ll/orks Corttracl No. C079-18 Rev ll}gllg Page6of17 Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change Order'. If the parties are unable to agree on an adjustment to tlre Contract Sum and/or' Substantial Cornpletion Datc, if any, thcn e ithcr party may submit the matter for determination in accordance with Section 2l . 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Cornpletion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such rvritten orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: Thc Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indernnify and defend the City against any loss, cost, liability or datnage, includitrg reasonable attorney's fees, by leason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendercd or performed under this Contract will be rendered or perfolmed entircly at the Contractor's own risk. The Contractor shall defend, indemnify and hold tlre City, its officers, officials, employees and volunteers harmless from any and all claims, injulies, damages, losses or suits including attorney fees, arising out of or in connection with the perfonnance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.1 15, then, in thc cvcnt of liability for damages arising out of bodily injury to persons or damages to properly caused by or resulting from the concurrent negligence of the Contractol and the City, its officers, officials, employees and volutrteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under tndustrial Insurance, Title 5l RCW, solcly for thc purposes of this indemnification. This lvaiver has been rnutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: l) by mutual written agreement;2)by the City for breach by the Contractor of any of the obligations or requirements set forth in thc Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring sirnilar products or set'vices; 3) for cottvenience of the City; or 4) by the City for non-appropriation of ftrnds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract betwccn thc parties by providirrg notice to the Contractor. Upon termination under this section: l) All remaining obligatlons of the parties al'e discharged, but any right based upoll breach or performance occtrrring prior to termination survives; 2)lf tlte reasonable costs of perlormance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contt'actor on the Contract Sum, the City shall reimburse the Contractor in thc amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor priol to terrnination, the Contractor shall reimbr.rrse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payrnent and consideration for the services performed by the Contractor prior to tcrmination. Citlt 6f po,t Orchard and PuntpTeclt, Ittc P ublic lllorks Project No. 20 I 8-02 4 Small llrot'ks Contracl No. C079'18 Page 7 of 17 Rev l/29l18 19. COMPLIANCE WITH TERMS: Tlre City may at anytime insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records attd provide thern to the City along with rnonthly invoices in a format acceptable to the City fol work pet'formed to the datc of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the scrvices rendered to not rneet the requirements of tlre Contract, Contractor will correct or rnodify the work to comply with the Contract. City may withhold paymetrt for suclr work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, thc parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. EitheL party rnay give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notioe of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, tlre parties shall meet at a mutually acceptable tirne and place and attempt to rcsolve the dispute; (b) If the parties al'e unable to resolve the dispute, they rnay elect to submit tlre dispute to rnediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the palties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operativc construction rules of JAMS. The parties may select an arbitrator by rnutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. 22. WARRANTY: Contlactor shall provide a one (l) year warranty for the rvork and improvernents installed by Contractor pursuant to the Contract, subject to the following terms and conditions: Contractor agrccs that the work and improvements installed pursuant to the Contract shall rernain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twelve (12) rnonths after writtcn and final acceptance of the sarne and approval by the City. Maintenance is defined as acts carried out to prevent a declinc, lapse or cessation of the state of the ploject or improvements as accepted by the City during the twelve (12) month pcriod after final and written acceptance, and includes, but is not limited to, repair or replacement of defective worknanship, materials or installations. Contractor shall, at its sole cost and expense, carefully replace and/or repail any damage or defccts in workmanslrip, materials or installation to the City-owned real property on which improvements have bccn installed, and leave the same in as good condition as it was befole commerlcement of the work. City and Contractor agree that in the event any of the improvements or restoration work installed or completed by Contractor pursllant to the Contract fail to remain fi'ee ft'om defects in rnaterials, workrnanship or installation (or in the case of landscaping, fail to survive), for a period of twelve (12) months from the date of approval/acccptance of the work by the City, Contractor shall repail and/replace the salne within ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall: CitS, s1'pt,'l Orcltqrd and PumpTeclt, htc P u blic ll;orks P t'ojecl No. 20 I 8-02 4 Snrull l'l/orks Contract No. C079-18 Page 8 of l7 Rev l/29l18 1. Witlrin twenty (20) days of dernand of the City, rnake lvritten cotnmittnent to the City that it will either: rernedy the default itself with reasonable diligence pursuaut to a tirne schedule acceptable to the City; or b)tender to the City lvithin an additional ten (10) days the amount necessaty, as determined by the City, for the City to remedy the default. 2, In the event Contractor fails to make repails or provide maintenance ''withirr the tirne period requested by thc City, then the City, its ernployees and agents shall have the riglrt at the City's sole election to enter onto said property desclibed above for the purpose of repailing or maintaining tlre irnprovements. This provision shall not be construed as crcating an obligation on the part of the City ol' its leprcscntatives to repair or maintain such impt'ovemettts. Any con.ectiols lequrirecl by the City shall be commenced rvithin ten (10) days of notification by the City and completed within thirly (30) days of the date of notification. If the work is not performed in a timely lnannel', the City shall have the right, without recoursc to legal action, to take such action as described above. No change, extension of time, alteration or addition to the work to be perfbrrned by Contractor shall affect the obligations of Coltractor uncler this warranty. ln addition, Contt'actor shall perfonn a walk+h'ough with City repr.esentative(s) one (l) year after final acceptance of the project to deterrnine if arry t'cpairs or tnaintellance foi defective workrnanship, rnaterials, or installations is required. If so, such repait's and maintenance will be undertaken by Contractor pursuant to the tirnelirre and procedttres described above. a) Cit1, e7 po,'l Orchard and PuntpTeclt, Ittc Publ ic l'l/orks Proiect No. 20 I 8-02 4 Small ll'orks Conlracl No. C079-18 Page9oflT Rev ll29l18 CITY OF POR'I'ORCHARD INS URAN C E REQ U IREMENTS The Contlactor shall procurre and rnaintain for the duration of thc Contract with the City, insurance against claims fol injuries to persorls or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, rcpresentatives, employees and sttbcontractors. No Lirnitation. The Contractol''s maintenance of insulancc, its scope of coverage and lirnits as required herein shall not be construed to lirnit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to arry remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be writterr on lnsurance Serviccs Office (lSO) folrn CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, a o a Corttmercial General LiabiliD, insurauce shall be written on ISO occlrrrence form CG 00 0l and shall oover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, persorral injury and advertising injury and liability assumcd under an insured contract. The Commercial General Liability irrsurance shall be endorsed to provide the Aggregatc Pcr Project Endorsement ISO folm CG 25 03 I I 85 or an equivalent endorsement. There shall be no endorscmcnt or rnodification of the Commercial General Liability Insurance for Iiability arising from cxplosion, collapse or underground property damage. 'l'he City shall be narned by endorsement as an additional insured under the Corrtractor's Commelcial General Liability insulance policy with respect to the work pcrformed for the City using ISO Additional Insured endot'sernent CG or substitute endorsements providing equivalent covel'age. Workers' Compenscttion coverage as required by the Indr.rstrial Insurance laws of the State of Washington. c Builders ^Risk iusurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy fortn and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthqualce, theft, vandalism, malicious rnischief, collapse, temporary buildings and debris temoval. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrencc, which will be the responsibility of the Contt'actor, Higher deductibles for flood and earthquake perils may be acccpted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by tlre City will remain the responsibility of the Cigt of po,'l Orchard and PunrpTech, Inc Public I'l''orks P roject No.20 I 8-02 4 Snrull lflorks Contract ]t'o. C079-18 Rev l/29118 Page l0 of l7 Contractor. The Builders l{isk insurance shall be maintained until final acceptance of the work by the City, Employer''s Liabilio, insurance limit of $1,000,000 each accident, Employer's Liability Disease eaclr employee $1,000,000 and Employer's Liability Disease - Policy limit $ I ,000.000. Minimum Amounts of Insulance.The Contractor shall maintain the following itrsut'ancc limits: Atttomobile LiabiliD, insurance with a minimum combined sirrgle limit for bodily injury and property damage of $ 1,000.000 per accident. Commercial General Liohility insurance shall be written with limits no less thart $ 1,000,000 each occurrencc, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate I imit. Builders Risk insurance shall be r,vlitten in the amount of the cornpleted value of the project with no coinsurance provisions. Other Insurance Provisions. The Contractor's Automobile Liability, Cornmercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insut'ance or insurance pool covel'age maintained by the City shall be excess of the Contractor's insttrance and shall not contribute with it. If arry coverage is written on a "claims made" basis, then a minimum of three (3) year extended repofling peliod shall be included with the claims tnade policy, and proof of this extended reporting period provided by the City. Contractor's Insttr for Other Losses.The Contractor shall assumc full rcsponsibility for all loss or darnage from any cause whatsoever to auy tools, including but not limited to the Contractor''s ernployee-owned tools, machinery, equiprnent or tnotor velricles owned or rented by the Contractol', or the Contractor's agents, suppliers or cotrtractors as well as any temporary structurcs, scaffolding and protective fences. Waiver o f Subrogation. The Contractor waives all ri ghts against the City, any of its Subcontractors, Sub-subcontractors, agents and employees, fol damages catlsed by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insulancc Rcquirements Section of the Contract or other property iusurance applicable to the work. The Contractor's insurance shall be cndorscd to waive the right of subrogatiol against the City, or any self-insurance, or insurance pool coverage maintained by the City. 'l'he City will not waive its right to subrogation against the Corrtractor. The Contractor's insurance shatl be endorsed acl<rrowledging that tlre City will not waive its right to subrogation. Acceptabili of Insttrers.Insurance is to be placcd r,vith insurers with a cttrrent A.M. Best rating of not less tharr A:VII. a a a a Cit1, 67 po,t Orchard and PuntpTeclt, Inc Pu blic l'l'orks P roject ltto. 20 I 8-02 I Small ll'orks Contract Aro. C079-18 PagelloflT Rev l/29l18 Verification of Coverase.The Corrtlactor shall [urnish the City with original cerlificates and a copy of the amendatory endolsernents, including but not necessarily lirnited to the additional insured endorsernent, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before colnrnencement of the work. Beforc any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, tenns and eudorsetnents related to this project. Subcontractors. The Corrtractor shall have sole responsibility for deterrnining the insut'ance coverage and lirnits required, if any, to be obtained by subcontractors, which determination shall bc rnade in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior wlitten notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procllre or renew such insurance and pay any and all prerniums in connection therewith, with any sulls so expended to be repaid to the City on dernand, or at the sole discretion of the City, offset against funds due the Contractor frorn the City. Cily oJ'Pot'l Orchard and PuntpTech, Inc Publ ic I'l''orks Project No. 20 I 8-02 4 Small I'l/orks Contract ltto. C079-18 Page 72 of 17 Rev l/29l18 CITY OF PORT ORCHARD DBCLARATION OF OPTION FOR PERFORMANCtr I}OND OR ADDITIONAL RETAINAGE Note; Thi,s fortn musl be subnrilted at the lime lhe Conlroclot'exeatles lhe Controcl. The Contrcrclor shall clesignute the option desired b,checking tlte oppropriole spoce. The Contractor elects to: (l) Furnish a performance bond in the arnount of the total contract sttm. An executed perforrnance bond on the required fortn is included rvith the executed contract docutttents. (2) Have the City retain, in lieu of the perforrnance and payntent bonds, ten percent (10%) of thc total contract arnount for a period of thirty days a fter date of final acceptance, ot' until receipt of all necessary releases from the departtncnt of revenue and the department of labor and ittdustries and settlement of any liens filed undcr chapter 60.28 RCW, 'uvhichever is later. RCW 39.08.01 0. ln choosirrg option 2, the Contl'actor agrees that if the Contractor, its heirs, executors, administlators, ssccessol's, or assigns, shatl in all things stand to and abide by, ancl welland trtrly l<eep ancl perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and ftrlfill all ihe sndertakipgs. covenants, terms, conditions and agreements of any and all drrly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, arrd shallpay all laborers, mechartics, subcontractors, and materialtnen, and all persons who shall supply such person ol'persons, ol'subcontractors, lvith provisions and supplies for the carrying on of such worl<, on his or her part, and shall defend, indemnify, and save hartnlcss the City of Port Orchard, Washington, its offlcers and agents fi'orn any clairn for stlch payment, then the funds r.etainecl in lieu of a perfonnance bond shall be released at the time pl'ovided in said option 2; otherwise, the funds shall be retained until the Contractor ftrlfills the said obligations. Conl t'ctcfot 'gnalure,Dote /2./g Bond No. Citl'of I'ort Orchord ond Pump'fech, Inc Publ ic ll'orks Proiect hto. 20 I 8-024 Smqll ll'orks Contract No. C079-18 Page 13 of I 7 Rev l/29l18 ) ( ta-- PERFORMANCE AND PAYMtrNT BOND CITY OF PORT ORCHARD MtrLCHER PUMP RBPLACEMBNT CONTRACT NO. - C079.18 Bond to City of Port Orchard, Washington Bond No, We, (Principal)(Sulety) a Corporation, and as a surety corporation authorized to become a surety upou Bonds of Contractors with rnunicipal corporations in Washington State, aLe jointly and severally bound to the City of Port Orchard, Washington ("Olvner"), in the penal sLlm of the payment of which sllm, on demand, we bind ourselves and oul successol's, heirs, adtninistrators, execrrtors, or personal representatives, as the case rnay be. This Pelfonnance Bond is provided to secut'c the perfon'llance of Principal in connection with a contract dated 20-, between Principal arrd owner for a project enritled MELCHER PUMP REPLACEMENT contlact No. C079-18 ("Contract"). The initial penal surn shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Plincipal. NOW, THEREFORE, this Performance and Payrnent Bond shall be satisfied and released only upon the condition that Principal: Faithfully perfonns all provisions of the Contract and changes authorized by Ownel in the manner and withirr the tirne specified as lnay be extended under the Contlact; Pays all laborers, rnechanics, subcontractors, Iowel tier subcontractors, material persolrs, and all other persons or agents who supply labor, equiprnent, or materials to tl-re Project; and o Pays the taxes, increases arrd penalties incun'ed on the Project under Titles 50, 5l and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or'(B) Projects for which the bond is conditioned on the payrnent of sLrch taxes, increases and penalties. The surety shall indernnify, defend, and protect the Owner against arry claim of direct or indirect loss resulting fi'orn the failure: Of the Principal (or any of thc ernployees, subcontractors, or lower tier subcontraotors of the Principal) to faithfully perform the contract, or' Of the Principal (or any surbcontractor or lowertier subcontractor of the Principal) to pay all laborers, rnechanics, subcontractors, lower tier subcontractors, rnaterial person, or any other pelson who provides supplies or provisions for carrying out the work. The liability of Surcty shall be limited to the penal sum of this Perfonnance and Payrnent Bond. Principle and Surrety agree that if the Owner is requircd to cngage tlre services of an afforney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is comrnenced, in addition to the penal sum. aud Citlt slpt,'t Orchard and PumpTech, Inc P ubl ic l'l"orks P roject ;\to. 20 I 8-024 Snrull llrorks Conlract No. C079-18 Page l4of17 Rev ll29l18 Dollars ($ ), No change, extension of tirne, alteration, or addition to the tenns of the Contract or to the Work to be perfblrned under the Coutract shall in any nay affect Snrety's obligation on the Perfortnattce Bond. Surrety hereby waives rrotice of any change, cxtcnsion of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract tirne is extended by more than twenty petcent (20%). If any rnodiflcation or change iucreases the total amount to be paid undel' the Contract, Sttrety's obligation under this Pelfornlance aud Payment Bond shall autornatically increase in a Iike arnount. Any suclr incrcase shall not exceed twenty-five percent(25%) of the oliginal amount of the Perforrnance and Payrnent Bond without the prior written consent of Surety. This Performance and Payrnent Bond shall be governed and construed by tlre laws of the State of Waslrington, and venue shall be in Kitsap Coutnty, Washington. IN WITNESS WHEREOF, the parties have executed this instrurnent in two (2) identical cottnterpafts this day of 20 Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name arrd'l'itle Narne and addless of local office of Agent and/or Surety Cornpany: Attorney in Fact (Attach Power of Attorney) Surety colnpanies executing boncls rnust appear on the curreut Authorized Insurance List in the State of Washirrgton per Section l-02.7 of the Standard Specifications. Cillt sf pt,'t Orchat'd uncl PuntpTech, Inc Publ i c l'l"orks Pt'ojecl Ato. 20 I 8-02 4 Small l'llorks Contract No. C079-18 Page l5of17 Rev 1/29118 STATE OF ACKNOWLEDGEMENT Corporation, Partnership, or Inclividual ) )ss. COUNTY OF On this day ol-,20-, before ure, the undersigned, a Notaly Public irr and for the State of Waslringtorr, duly cornrnissioned and sworn, personally appeared to me known to be the (check one of the following boxes): n of corporation, the thetrof that partnership, individual, executed the foregoing instrurnent to be the fi'ee and vol partnership, E individual for the uses and pLlrposes she lvas authorized to execrrte said instrurnent. untaly act and deed of said n corporation, therein rneutiotred, and on oath stated that he WITNESS rny hand and official seal hereto affixed the day and year first above written. Notarl, Seal rvith Ink Stamp CitSt s1pt,'t Orchard and PuntpTech, lnc P trblic ll'orhs Pt'oject No. 20 I 8-02 4 Small l'l"orks Contrect No. C079-18 Print or type name NOTARY PUBLIC, irr and for the State of Washington Residing at My Cornrnission expires: Page l6 of l7 Rev l/29l18 ) for tlre State of Washirtgton, duly courrnissioned and sworn, personally to rne known to be the of STATE OF )ss. COUNTY OF ) On this _ day of Notatl Seal rvitlr Irrli Strrntp Ci\t s7pt,'l Orchard ctnd PumpTech, Inc Publi c l'l''orks Project No.20 I 8-02 4 Snmll l'[/orks Cotrlt'ctcl No. C079-18 SURETY ACKNOWLBDGEMENT 20-, before me, the undersigncd, a Notary PLrblic in and the corporation that executcd the foregoing instrurrnerrt, and acknowledged the said instruntent to be the fi'ee aud voluntary act and deed of said corporation, for the uses and purposes thercin rnentioned, and on oath stated that I hr E she rvas autholizecl to execute said instrurnent. WITNESS tny hand and official seal lrereto affixed the day and ycar first above written. Print or type narne NOTARY PUBLIC, in and for the State of Washington Residing at: My Cornrnission expires: Page l7 oflT Rev I129118 )