072-16 - Express Septic Tank Cleaning - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER 10K
CONSTRUCTION CONTRACT NO. 072-16
PUBLIC WORKS PROJECT NO. PW2016-033
THIS Agreement is made effective as of the 23rd day of August, 2016, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putannsuu Phone: 360.876.4407 Fax: 360.895.9029
and
EXPRESS SEPTIC TANK CLEANING ("CONTRACTOR")
PO Box 1938
Port Orchard, WA 98366
Contact: Randy Oxier, President Phone: 360.895.5412 Fax:360-895.5412
for the following Project:
Sidney Glen Elementary School Annual Pumping ("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
Construction, 2016 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
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW20I6-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2Ol6\CONTRACT.doc Page 1 of 2 1
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each
other in describing a complete work. Any requirement in one document binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be August 23rd 2016. The Contractor shall substantially complete the Work not later
than September 1st 2016, 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 $1236.46 including 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
Construction Contract Documents and to complete and finish the same according to the plans
and specifications and the terms and conditions herein contained; and hereby contracts to pay
for the same at the time and in the manner and upon the conditions provided for in this
Contract.
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 furnish insurance of the types and
the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and
assigns, does hereby agree to the full performance 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 Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERlNG\SEWER\Sidney Glen Pumping & Marymac\SIDNEY GLEN\2016\CONTRACT.doc Page 2 of 2 1
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly
executed on the date first written above.
CITY OF PORT ORCHARD
Robert Putannsuu, Mayor
CONTRACTOR
fxf/ftss %IZ\L.C£
its: P£F'; ioc/\, r
/"/Ajssj
ATTEST/AUTt X SfCATE:
"Brandy Rinearson, CMC; City Clerk
APPROVED AS TO FORM;
won Cates
City Attorney
..\U* If/. XO^T 0/'A%
^ ° O <<> ® ov %
! : SEALo'J c »</>
»" A8 >v »A •5-,U\^XV . •>
• n° ° ° " VvV'V; % OF W#
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No 072-16
U:\ENGtNBERING\SnWER\Sidney Glen Pumping & Maiynuc\StDNEY GLEN\2OI6\CONTRACT.doc Page 3 of 21
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, (Corporate Officer (Not Contract
Signerj) certify that I am the (Corporate
Title) of the corporation named as the Contractor in the Agreement attached hereto; that
, (Contract Signer) who signed said Agreement on behalf
of the Contractor, 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. officer signature (not contract signer)
Printed
Title
State of )
County of )
, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is (Corporate
Title) of (Name of Corporation)
Subscribed and sworn to before me this day of ,
20
Notary Public (Signature)
Notary Public (Print)
My commission expires
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW20I6-033
Small Works Contract No. 072-16
U:\ENGlNEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEY GLEN\2016\CONTRACT doc Page 4 of 2 1
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, 2016 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 govern all phases of work under this contract, and they are
by reference made an integral part of these specifications and contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State
certificate of registration per chapter 18.27 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 warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The
Contractor shall complete and file State of Washington, Department of Labor & Industries,
Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall
familiarize itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish 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 Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEY GLEN\20I6\CONTRACT doc Page 5 0f21
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 Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this contract.
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 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 works for the approval of statements of intent to pay
prevailing wages and the certification of affidavits of wages paid, etc. The Department may also
charge fees to persons or organizations requesting the arbitration of disputes under RCW
39.12.060. The Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract, when properly signed, will be the only form which will be
recognized by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the contract without the
written consent of 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 party 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 written estimate of the cost
and time impact of the change in Work; and (c) The City and the Contractor 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. CFIANGE 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 only be 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 Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\S[DNEY GLEN\2016\CONTRACT.doc Page 6 of 21
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
indemnify and defend the City against any loss, cost, liability or damage, including reasonable
attorney's fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by
the sole negligence of the City. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees 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 Industrial 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 Agreement.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty,
under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any 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 performance
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 incurred by the Contractor prior to termination, the Contractor shall reimburse the
City in the amount of such excess; 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 Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2016\CONTRACT.doc Page 7 Of21
19. COMPLIANCE WITH TERMS: The City may at any time 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 and provide them to the
City along with monthly invoices in a format acceptable to the City for work performed to the
date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper
invoice. If the services rendered to not meet the requirements of the Contract, Contractor will
correct or modify the work to comply with the contract. City may withhold payment for such
work until 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 party may give the other party
written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
the parties shall meet at a mutually acceptable time 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 each party. 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 and
Arbitration Mediations Service ("JAMS") in accordance with the then operative construction
rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree,
the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the
decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington;
provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall
be held in such location as the parties may agree after consulting with JAMS.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERlNG\SEWER\Sidney Glen Pumping & Marymac\SlDNEYGLEN\2016\CONTRACT.doc Page 8 0f21
CITY OF PORT ORCHARD
INSURANCE 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 types described
below:
• Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy shall
be endorsed to provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 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 Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy
form and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by
the City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & MarymadSIDNEY GLEN\2016\CONTRACT.doc Page 9 Of 2 1
Contractor. The Builders Risk insurance shall be maintained until final acceptance of the
work by the City.
• Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease - Policy limit
$1,000,000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
• 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 Insurance Provisions. The Contractor'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 City. Any insurance, self-insurance or insurance pool
coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three
(3) year extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period 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, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any 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. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & MarymadSIDNEY GLEN\2016\CONTRACT.doc Page 10 of21
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to 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 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 written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERlNG\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLENUOl6\CONTRACT.doc Page 11 Of21
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(CONTRACTS UNDER $35.000 ONLY)
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 performance bond in the amount of the total contract sum.
An executed performance bond on the required form is included with the executed
contract documents.
J (2) Have the City retain, in lieu of the performance and payment bonds,
fifty percent (50%) of the total contract amount for a period of thirty days after
date of final acceptance, or until receipt of all necessary releases from the
department of revenue and the department of labor and industries and settlement
of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully
perform all the provisions of such contract and shall also well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the 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 performance 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.
Contractor Signature, Date ~§ 2=L III
Bond No.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No 072-16
U:\ENGTNEERING\SEWERVSidney OI«n Pumping & Mflryoac\SIDNRY GLEN\20l6\eONTRACT doc Page 12 of 21
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
SIDNEY GLEN ELEMENTARY SCHOOL ANNUAL PUMPING
CONTRACT NO. 072-16
Bond to City of Port Orchard, Washington
Bond No.
We, , and ,
(Principal) (Surety)
a 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
Dollars ($ ),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure
the performance of Principal in connection with a contract dated , 20 , between Principal
and Owner for a project entitled Sidney Glen Elementary School Annual Pumping Contract No. 072-16
("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as
specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
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
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW
on: (A) Projects referred to in RCW 60.28.01 l(l)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the
Principal) to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
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.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SlDNEYGLEN\2Ol6\CONTRACT.doc Page 13 0f21
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Performance Bond.
Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the
Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by
more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any
such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and
Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
day of , 20 .
Principal Surety
Signature of Authorized Official Signature of Authorized Official
By
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2016\CONTRACT.doc Page 14 0f21
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared ,
to me known to be the (check one of the following boxes):
• of , the
corporation,
I I of , the
partnership,
I I individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said O corporation,
I I partnership, Q individual for the uses and purposes therein mentioned, and on oath stated that Q he
I I she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at
My Commission expires:
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2Ol6\CONTRACT.doc Page 15 0f21
SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared ,
to me known to be the of , the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that Q he Q she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEY GLEN\2016\CONTRACT doc Page 16 C)f21
CITY OF PORT ORCHARD
MAINTENANCEAVARRANTY BOND
(Note: Before the Performance Bond can be released the City must receive the two years MaintenanceAVarranty Bond)
PROJECT #, PERMIT #,
CONTRACT #
SURETY BOND#:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name:
Owner/Developer/Contractor:
Project Address:
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of the
State of , and authorized to transact surety business in the State of Washington
(hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the
sum of dollars ($ ) 20%
Total Contract Amount, lawful money of the United States of America, for the payment of which sum we
and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, by these presents. THE CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements on
public property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following
written and final acceptance of the project in order to provide security for the obligation of the Principal to
repair and/or replace said improvements against defects in workmanship, materials or installation during the
twenty-four (24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City,
but only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the
same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or
cessation of the state of the project or improvements as accepted by the City during the twenty-four (24)
month period after final and written acceptance, and includes, but is not limited to, repair or replacement of
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERlNG\SEWER\Sidney Glen Pumping & Marymac\SIDNEY GLEN\2Ol6\CONTRACT.doc Page 17 of21
defective workmanship, materials or installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City-owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace
the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety
shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond
amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(l)(b), the City shall notify the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any
actual costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the
City's sole election to enter onto said property described above for the purpose of
repairing or maintaining the improvements. This provision shall not be construed as
creating an obligation on the part of the City or its representatives to repair or maintain such
improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW20I6-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & MarymadSlDNEY GLEN\2Ol6\CONTRACT.doc Page 18 of21
securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the
filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be
considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be
recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above
said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The
Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington.
Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this . day of _ _,20_
SURETY COMPANY
(Signature must be notarized)
By:
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
DEVELOPER/OWNER
(Signature must be notarized)
_ By
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number: .
CITY OF PORT ORCHARD
By: Date:
Its Public Works Director/City Engineer
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-l)
Corporation (Form P-2)
Surety Company (Form P-2)
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2Ol6\CONTRACT.doc Page 19 0f21
FORM P-l / NOTARY BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it
to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW20I6-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SlDNEY GLEN\2016\CONTRACT.doc Page 20 of 2 1
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Deveioper/Owner)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the of
that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON
COUNTY OF
)
) ss.
)
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the of
that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and Express Septic Tank Cleaning
Public Works Project No. PW2016-033
Small Works Contract No. 072-16
U:\ENGINEERING\SEWER\Sidney Glen Pumping & Marymac\SIDNEYGLEN\2Ol6\CONTRACT.doc Page 21 of 21
Express Septic Tank Cleaning
PO BOX 1938
Port Orchard, WA 98366
360-895-5412
253-851-9925
gXfttGlTA-Estimate
Date Estimate #
8/5/2016 328
Name / Address
City Of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Job Address
Sidney Glen Elementry
500 Birch Rd 98367
Description Qty Total
Truck Time - (2) loads @ $295. per load
Septic Pumping - 1500 gallons @ 36.5 cents per gallon
590.00T
547.50T
Subtotal $1,137.50
Sales Tax (8.7%) $98.96
Total $1,236.46
Phone #