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116-22 - All Around Fence Company - Contract
DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER CONSTRUCTION CONTRACT NO. 116-22 PUBLIC WORKS PROJECT NO. PW2022-020 THIS AGREEMENT is made effective as of the 20th day of December 2022, by and between CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located at: and 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029 All Around Fence Company, ("CONTRACTOR"), a Washington corporation located at: 13602 Pacific Ave S Tacoma, WA 98444-4744 Contact: Nicole Jacintho Phone:253-863-4895 Email: allaroundfence@allaroundfencewa.com for the following Project: Bay Street Pedestrian Pathway Repairs ("PROJECT") In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 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" and/or "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, 2022 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; City of Port Orchard and All Around Fence Company Rev BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 1 of 50 d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance. e, Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except whey inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards; j. Appendix A: Non -Discrimination Statutes and Authorities; and k. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-j. I. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE C17!Y AND THE FUNDING AGENCY SHOULD BE MADE PART OF THE CONTRACT DOCUMENTS. All of the above listed Contract Documents are each made exhibits to this Agreement and a2 incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be December 20t", 2022. The Contractor shall substantially complete the Work not IabEr than March 315t, 2023, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above -described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. City of Port Orchard and All Around Fence Company Rev BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 2 of 5-) DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $18,491.93 (applicable sales tax included) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. S. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors, and agents. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 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. 9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 3 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b. Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. d. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f. Incorporation of Provisions: The Contractor will include the above provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 4 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. 11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two- year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 12. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 5 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. c) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. d) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 6 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD (—DocuSigned by: �Pol PIS 4JA'Swk �----'7' fl9fl h4YE 3F5fM 7i1 Robert Putaansuu, Mayor ATTEST/AUTH E NTI CATE: F DociiSigried by: Bran y a ace, MMC, City Clerk APPROVED AS TO FORM: ��—Docu5n,m,1 by y Q[)3+0*F%55"*57-- Charlotte A. Archer, City Attorney City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No.116-22 CONTRACTOR IBDR 4-2022 Page 7 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C CERTIFICATE AS TO CORPORATE PRINCIPAL I004 1—)4v(Car orate Officer (Not Contract Signer)) certify that I am the rI (Corporate Title) of the corpo ation narled as the Contractor in the Agreement attached hereto; that (Contract Signer) who signed said Agreement on behalf of the Contractor, was then � � �'. R��r�c l.r' (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. Corpo Corp. icer Signature (n t contract signer) fJ "7 ! ' �i -I - / Printed Title State of //5'��i j ss County of /fir j (cor orate p icer (not contract signer)) being duly sworn, deposes and says that he/she is(Corporate Title) of ill ey2zal� %r 111 Name of Corporation) Subscribed and sworn to before me this // area o0s Notary Publlc State of Washington My Appootmm a 0$1 M2023 COMM43nn Number 207a55 City of Port Orchord and All Around Fence Compony Rev BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Smoll Works Contract No. 116-22 20 ZZ-- Notary Public (Print) + My commission expires S /2 _"ee 3 IBDR 4-2022 Page 8 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified 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, 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 ensure 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 City of Port Orchard and All Around Fence Company Rev, BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 9 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to http://www.Ini.wa.gov/TradesLicensitig/PrevWage/Wa eRatesZdefauIt.asp _for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 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 organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (Parties), except as provided herein. The Contractor shall not make any City of Port Orchard and All Around Fence Company Rev IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 10 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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. 13. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 11 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE City of Port Orchard and All Around Fence Company Rev IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 12 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any 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. A. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any City of Port Orchard and All Around Fence Company Rev BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 13 of 50 DocuSign Envelope ID: 74DA31 AB-EAB5-433A-A7E3-9BF4E361 11 9C part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. B. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. C. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor 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 the work meets the requirements of the Contract. 22. 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; City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 14 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C (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 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 All Around Fence Company Rev, BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 15 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, and subcontractors and shall meet the requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • 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 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required bythe Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-alone policy. City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 16 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C • 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 (or less) 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 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. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. City of Port Orchard and All Around Fence Company Rev, BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 17 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The 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 shall be provided to 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 ANIL 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 cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein (with the exception of Builders Risk insurance. The Contractor shall ensure that City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 Page 18 of 50 DocuSign Envelope ID: 74DA31 AB-EAB5-433A-A7E3-9BF4E361 11 9C the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 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 All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 19 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS — RCW 39.08.010) Note 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option, where applicable, desired by checking the appropriate space. Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a), 2. The Contractor elects to (select one): .(1) Furnish a performance and payment bond in the amount of the total contract sum. An executed performance and payment bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. 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 City of Port Orchord and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No.116-22 IBDR 4-2022 Page 20 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Smoll Works Contract No.116-22 AntractoCorSignatgre, Date tc9'1 Bond No. 6 6 70- S S IBDR 4-2022 Page 21 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD Bay Street Pedestrian Pathway Repairs CONTRACT NO. 116-22 Bond to City of Port Orchard, Washington Bond No. We, and (Principal) (Surety) a Corporation, and as a surety c:_)rporation authorized to become a surety up&q Bonds of Contractors with municipal corporate ns in Washington State, are jointly and severally d to the City of Port Orchard, Washing n ("Owner"), in the penal an sum of Dollars ($ }, the yment of which sum, on dema , we bind ourselves and our successors, heirs, administrator , executors, or personal repres�itatives, as the case may be. This Performance Bond is provided t secure the performance�`of Principal in connection with a contract dated 20., between Principal acid Owner for a project entitled BAY STREET PEDESTRIAN PATHWAY REPAIRS Contract No. CU6-22 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid',P\rice, includ' g sales tax, as specified in the Proposal submitted by Principal. '\ 7 NOW, THEREFORE, this Performance and Payme Bond shall be satisfied and released only upon the condition that Principal, its heirs, executorXahministrators, successors, or assigns: • Faithfully performs all provision f the Contract and changes authorized by Owner in the manner and within the ti specified as shay be extended under the Contract; • Pays all lab/conditioned a ' s, subcontractors, dower tier subcontractors, material persons, ansons or agents who supply labor, equipment, or materials to the Proje • Pays the taxand penalties incurred on the oject under Titles 50, 51 and 82 RCW on: referred to in RCW 60.28.011(1 ); and/or (B) Projects for which the bioned on the payment of such taxes, ncreases and penalties; and • Posts a tvv.6 year warranty/maintenance bond to secure the project. Such bond shall be in the, amount of twenty percent (20%) of the project costs. Provided, furt er that this bond shall remain in full force and effect until released ii;..writing by the City at to request of the Surety or Principal. The Sur t shall indemnify, defend, and protect the Owner against any claim of direct 1 loss r ulting from the failure: City f Port Orchard and All Around Fence Company Rev. VY STREET PEDESTRIAN PATHWAY REPAIRS ubllc Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-21 Page 22 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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 Princi pay all laborers, mechanics, subcontractors, lower tier subcontractors, m person, or any other person who provides supplies or provisions for carrying, work. II 7er to ial ut the The liability of Surety shall be limited to the penal sum of this Performance and Payirient Bond. Principle and Su ty agree that if the Owner is required to engage the services f an attorney in connection with a orcement of this bond each shall pay the Owner reason le attorney's fees, whether or not suit i commenced, in addition to the penal sum. No change, extension of "me, alteration, or addition to the terms of the Contract or to the Work to be performed under a Contract shall in any way affect rety's obligation on the Performance Bond. Surety h eby waives notice of any change, ex nsion of time, alteration, or addition to the terms of the Co ract or the Work, with the excep on that Surety shall be notified if the Contract time is extended b more than twenty percent 0%). If any modification or change increas the total amount toe paid under the Contract, Surety's obligation under this Performance an Payment Bond shall automatically increase in a like amount. Any such increase shall not exce4 twenty-five percent (25%) of the original amount of the Performance and Payment Bond withou the pripl- written consent of Surety. This Performance and Payment Bond shall be of Washington, and venue shall be in Kitsap C( IN WITNESS WHEREOF, the parties counterparts this day of Principal Signature of Authorized Officiai By Printed Name and Title Name and address ol local office of Agent and/or Surety Company: rned and construed by the laws of the State Washington. executed this instrument in two (2) identical Surety Signature of ALlthgrized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insuranc List in the State of Washington per Section 1-02.7 of the Standard Specifications. IBAVREET chard and All Around Fence Company Rev. IBDR 4-2022 EDESTRIAN PATHWAYREPAIRS Project No. PW2022-020 ontract No. 116-22 Page 23 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361 11 9C STATE OF COUNTY OF On this _ for the appeared boxes): F--'1 ACKNOWLEDGEMENT Corporation, Partnership, or Individual _ day of , 20 , before me, the undersigned, a Notary Public in and State of Washington, duly commissioned and sworn, personally -_, to me known to be the (check one of the following of corporation, of the the partnership, ❑ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 24 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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 ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 25 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage.) PROJECT #, PERMIT #, PW2022-020 CONTRACT # C116-22 SURETY BOND M 6177324 DATE POSTED: DECEMBER 20, 2022 EXPIRATION DATE: DECEMBER 20, 2024 RE: Project Name: BAY STREET PEDESTRIAN PATHWAY REPAIRS Owner/Developer/Contractor ALL AROUND FENCE COMPANY, INC Project Address: 1216 BAY ST PORT ORCHARD WA 98366 All Around Fence KNOW ALL PERSONS BY THESE PRESENTS: That we,Com an . Inc (hereinafter called the "Principal'), and Federated Muival Insurance Companya corporation organized under the laws of the State of Mlnnesota , 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 Three Thousand Six Hundred Elghty-Nine and 401100— dollars ($ 3,saa.40 ) 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) monthsfollowing 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 tothe 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: City of Port Orchard and Alf Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2012-020 Small Works Contract No. 116-22 Page 26 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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) Install 80' or Black chain link fence on public easement In Pon Orchard. 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,) fora period of twenty-four(24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and shall leave the same in as good condition as it was before commencement of the work. D. The Principal and the Suretyagree that In the event any of the improvements or restoration work installed or completed by the Principal as described herein, fain 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 bythe City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City, or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion ofthe Surety's duties under either of the options above, the Surety shall then have fulfilled Its obligations under this bond. If the Surety elects to fulfill Its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. City of Port Orchard and All Around Fence Company Rev. IBDR 4.2022 BAY STREET PEDESTRIAN PATH WAY REPAIRS Public Works Project No. PWZ022-020 Small Works Contract No. 126-22 Page 27 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 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 Clty'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. Car rections. 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. Extensions and Chanties. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect Its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in 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 20th day of December 2022. city of Part Orchard and All Around Fence Company Rev, IBDR 4-2022 BAY STREET PEDESTRfAN PAMWAY REPAIRS Public Works Project No. PW2022.020 small Works contract No. 116-22 Pepa 28 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C �q{1�►1 V H l l l l rl+11�1lI 1iS01X%3p,L INSU,, tt .Gop,PDR�00� Cl t[�C,C . S EVIL ' ol' aii'pTO iy 0 M PANY �►�ire must be notarized) By: I itS Lisa us - Atto ey-rn-rao Federated Mutual Business Name: Insurance Company Business Address: PO Box 328 City/State/Zip Code: Owatonna, MN 55060 Telephone Number: (507) 455-5200 CITY OF PORT ORCHARD By: Its: Public Works Director/City Engineer DEVELOPER/OWNER (Signature must be no ed) BV s C7 _ �� a Business Name: All Around Fence Company, Inc Business Address: P.O. Box 98909 City/State/Zip Code: Lakewood, WA 9B496 Telephone Number: (253) 537-8669 Date: CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-1) Corporation (Form P-2) Surety Company (Form P-2) Clty of Port Orchard and All Around Fence Company Rev. SAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No.116-22 IBDR 4-2022 Page 29 of 50 DocuSign Envelope ID: 74DA31 AB-EAB5-433A-A7E3-9BF4E361 11 9C FORM P-1 / 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 All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 30 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that ` 66t4flAbisth. person who appeared before me, and said person acknowledged as the of A3%/raa. /�•�'� ��. hat (he/she) signed this instrument, on olk 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 pur ses yntioned in the Instrument. Dated: Breft Otte Notary Public �; Appoint of tlysehlrlgBon My point Evkn 0511 M23 Comm"w, Number 207055 (print or type name) NOTARY PUBLIC in and for the State of Washington residing at:���'�70� My Commission expires: / 2 lZa2 city of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 SAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No.116-22 Page 31 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C (Surety Company) STATE OF WAS++ NCrT6N- j Minnesota 1 ss COUNTYOF Steele I I certify that I know or have satisfactory evidence that Usa Rouahar is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact Of Federated Mutual Insurance Company 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: December 20. 2022 s Sarah Renae Dwinnell SARAH RENAE DWINNELL (Print or type name) NOTARY PUBLIC - MINNESOTA MY Commission Ellplres Jan. 31, 2025 NOTARY PUBLIC in and for the State of Minnesota State ofWeshingt:an, residing at: Owatonna. Mlnnesota My Commission expires: January31, 2025 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAYSTREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW1011-010 Small Works Coniracr No. 336-22 Page 32 or 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and All Around Fence Company Rev. BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 IBDR 4-2022 Page 33 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C SCHEDULE OF CONTRACT PRICES Bay Street Pedestrian Pathway Repairs NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item Estimated SP / Description of Item Unit Amount No. Quantity STD Price Base Bid STD Mobilization (Words) (1-09) Minor Changes LS CALC (Words) (1-04) 3 96 LF SP Repair Galvanized Pedestrian Rail �j _ $ rLt* '71�'4'lwo fi'g / iy A ' '3 X $ (Words) (6-20) Per Linear Foot Additional Galvanized Vertical 4 1 EA SP Post $ lane I%vwW0-0 Twew'Ey _EA S y� (Words) (6-20) Per Each 5 18 EA SP Adjustable Cable Ends $ F-�v o 774jay Au�,2t 7� r EA $ (Words) (6-20) Per Each Repair Concrete Foundation 6 17 EA SP Anchor Points $Sl"� _ a Cr4iffy Aea,,j Z�w '—EA $ 7y$0. �I (Words) (6-20) Per Each 7 68 EA SP Anchor Bolts at Bases $ V,,4 1kxAQ,-' f*gty XZW 3 EA _ $ 137, 1�E3 (Words) (6-20) Per Each Replace Damaged Chain Link Type 8 80 LF STD 3 Fence $ w B_7 vJlfwl9 f i r rt�e.�. j7wm,u ��oaLF _ $ Nq 7 7, L l (Words) (8-12) Per Linear Foot Page 6 of 61 Page 34 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C Item Estimated SP / Description of Item Unit Amount No. Quantity STD Price TOTAL BID SALES TAX In accordance with Section 1-07.2(1) State Sales Tax (DOR rule 171): Work performed on City, County, or Federally owned land, the Contractor shall include Washington State retail sales taxes in the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. Page 7 of 61 Page 35 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C Plans and Specifications Page 36 of 50 Rep -lace damaged rsection of • • rail. � 'trr M DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C Bay St Pathway Repairs Scope of Work: • Replace/Repair galvanized pedestrian rail and associated cabling in kind (96 LF) • Repair concrete wall anchor points with high-performance repair mortar (17 locations) • Remove and replace damaged chain link fence, posts and post bases (80 LF, 7 posts and bases) • Replace light pole- PSE will replace (Not part of this contract) 6-20 Bay St Pathway Repairs 6-20.1 Description: This contract provides for the repair of the galvanized pedestrian rail, addition of a vertical galvanized post, concrete repair at the railing anchor points; demo and replacement of chain link fencing, posts and post bases for the City of Port Orchard Bay Steet Pathway. Repairs are to be made at the locations shown in the attached photos and drawings. Galvanized Rail- ASTM A513 Repair in place damaged galvanized railing. Horizontal cables can be loosened/removed if needed to repair the railing. Bent top railing needs to be replaced at one location, broken welds at vertical post replaced. Add vertical post within 3" of repaired vertical post, install new cable ends between posts. Tension the horizontal cabling. Repairs to all new welds and locations with damage to the galvanization needs to conform to ASTM A 780. Provide new anchor bolts at bases to match existing or set in epoxy (submit for approval). Concrete Repair- ASTM C928 Remove existing concrete mechanically to expose 2" in all directions around top horizontal rebars. Corrosion protection must be placed on the exposed rebar prior to repairs. Repair concrete with high strength vertical and overhead repair mortar (Sika Repair SHB or Equal). Chain Link Fence Repair- Standard Specification section 8-12 (per LF) Remove and discard damaged chain link, posts and bases. Replace posts, post bases, and vinyl chain link to match existing. Light Pole Replacement- PSE owns and maintains the overhead pedestrian pathway lighting. The pole/luminaire replacement is not part of this contract. 6-20.2 Materials: Railing- 1 %" galvanized square tubing for the railing and vertical posts. Anchors for post base- SS Titan anchors or submit for epoxy anchors. Cable End Connectors- Stainless steel and adjustable cable ends to match existing. Concrete Repair- Sika Repair SHB or Equal. Corrosion Protection- Sika Corrosion Protection 110 or Equal. Chain Link Fence- Standard Specification section 8-12 for details. Page 41 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C If existing materials are no longer permitted or available for in kind replacement substitutions can be approved at the sole discretion of the City. 6-20.4 Construction Requirements: All work is to be performed in accordance with the current WSDOT Standard Specifications for Road, Bridge and Municipal Construction and the product manufacturer recommendations. 6-20.5 Payment: The unit prices shall include all material, equipment, and labor costs for the repairs at the locations shown in the Plans and described in the Special Provisions. Removal of the chain link and disposal is included in the bid items. Any additional repairs to the Bay Street Pedestrian Pathway Repair will be paid in accordance with Section 1-09.6 of the Special Provisions using the bid item "Force Account for Structural Repairs". Page 42 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C U-7 L Chain Link Fence and Wire Fence 8-12 Chain Link Fence and Wire Fence 8-12.1 Description This Work consists of furnishing and constructing chain link fence and wire fence of the types specified in accordance with the Plans, these Specifications, and the Standard Plans at the locations shown in the Plans and in conformity with the lines as staked. Chain link fence shall be of diamond woven wire mesh mounted on steel posts. Wire fence shall be of barbed wire or barbed wire combined with wire mesh fastened to posts. Steel posts and steel braces, or wood posts and wood braces may be used, provided only one type shall be selected for use in any Contract. Gates shall consist of a steel frame or frames covered with chain link or wire mesh. 8-12.2 Materials Materials shall meet the requirements of the following sections: Concrete 6-02 Paint 9-08.1(2)B Chain Link Fence and Gates 9-16.1 Wire Fence and Gates 9-16.2 Grout 9-20.3 8-12.3 Construction Requirements Clearing of the fence line will be required. Clearing shall consist of the removal and disposal of all trees, brush, logs, upturned stumps, roots of down trees, rubbish, and debris. For chain link type fences, the clearing width shall be approximately 10 feet. For wire type fences, the clearing width shall be approximately 3 feet. Grubbing will not be required except where short and abrupt changes in the ground contour will necessitate removal of stumps in order to properly grade the fence line. All stumps within the clearing limits shall be removed or close cut. Grading of the fence line sufficient to prevent short and abrupt breaks in the ground contour that will improve the aesthetic appearance of the top of the fencing when installed shall be required. It is expected that in the performance of this Work, machine operations will be required for chain link fencing, and handwork will be required for wire fencing except where sufficient width exists for machine work. The fence shall be constructed close to and inside the Right of Way line unless otherwise directed by the Engineer or shown in the Plans. Deviations in alignment to miss obstacles will be permitted only when approved by the Engineer and only when such deviation will not be visible to the traveling public or adjacent property owners. 8-12.3(1) Chain Link Fence and Gates 8-12.3(1)A Posts Posts shall be placed in a vertical position and, except where otherwise directed by the Engineer, shall be spaced at 10-foot centers. Spacing will be measured parallel to the slope of the ground. All posts, except line posts, shall be set in concrete to the dimensions shown in the Plans. All concrete footings shall be crowned so as to shed water. Line posts fences shall be set in undisturbed earth either by driving or drilling, except as specified. Driving shall be accomplished in such a manner as not to damage the post. Voids around the post shall be backfilled with suitable material and thoroughly tamped. Concrete footings shall be constructed to embed the line posts at grade depressions where the tension on the fence will tend to pull the post from the ground. Wage 43 of 50 Page 8-70 2023 Standard Specifications M 41-10 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C main UnK #-once ana wire #-once 8-12 Where solid rock is encountered without an overburden of soil, line posts shall be set a minimum depth of 14 inches, and end, corner, gate, brace, and pull posts a minimum of 20 inches into the solid rock. The holes shall have a minimum width 1 inch greater than the largest dimension of the post section to be set. The posts shall be cut before installation to lengths that will give the required length of post above ground, or if the Contractor so elects, an even length of post set at a greater depth into the solid rock may be used. After the post is set and plumbed, the hole shall be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to leave no voids. The grout shall be crowned to carry water from the post. Where solid rock is covered by an overburden of soil or loose rock, the posts shall be set to the full depth shown in the Plans unless penetration into solid rock reaches the minimum depths specified above, in which case the depth of penetration may be terminated. Concrete footings shall be constructed from the solid rock to the top of the ground. After the post is set and plumbed, the hole in the portion of the post in solid rock shall be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to leave no voids. Gate and pull posts shall be braced to the adjacent brace, end, or corner post(s) in the manner shown in the Plans. Changes in line amounting to 2-foot tangent offset or more between posts shall be considered as corners for all types of fence. Steep slopes or abrupt topography may require changes in various elements of the fence. It shall be the responsibility of the Contractor to provide all posts of sufficient length to accommodate the chain link fabric. All round posts shall have approved top caps fastened securely to the posts. The base of the top cap fitting for round posts shall feature an apron around the outside of the posts. 8-12.3(1)B Vacant 8-12.3(1)C Tension Wire Tension Wires shall be attached to the posts as detailed in the Plans or as approved by the Engineer. 8-12.3(1)D Chain Link Fabric Chain link fabric shall be attached after the cables and wires have been properly tensioned. Chain link fabric shall be placed on the face of the post away from the Highway, except on horizontal curves where it shall be placed on the face on the outside of the curve unless otherwise directed by the Engineer. Chain link fabric shall be placed approximately 1 inch above the ground and on a straight grade between posts by excavating high points of ground. Filling of depressions will be permitted only upon approval of the Engineer. The fabric shall be stretched taut and securely fastened to the posts. Fastening to end, gate, corner, and pull posts shall be with stretcher bars and fabric bands spaced at intervals of 15 inches or less or by weaving the fabric into the fastening loops of roll formed posts. Fastening to posts shall be with tie wire, metal bands, or other approved method attached at 14-inch intervals. The top and bottom edge of the fabric shall be fastened with hog rings to the top and bottom tension wires as may be applicable, spaced at 24-inch intervals. Rolls of wire fabric shall be joined by weaving a single strand into the ends of the rolls to form a continuous mesh. 2023 Standard Specifications M 41-10 Page 8-71 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C a-7Z Chain Link Fence and Wire Fence 8-12.3(1)E Chain Link Gates Chain link fabric shall be fastened to the end bars of the gate frame by stretcher bars and fabric bands and to the top and bottom bars of the gate frames by tie wires in the same manner as specified for the chain link fence fabric, or by other standard methods if approved by the Engineer. Welded connections on gate frames where the galvanized coating has been burned shall be thoroughly cleaned by wire brushing and all traces of the welding flux and loose or cracked galvanizing removed. The clean areas shall then be painted with two coats of paint, conforming to Section 9-08.1(2)B. 8-12.3(2) Wire Fence and Gates 8-12.3(2)A Posts Line posts shall be spaced at intervals not to exceed 14 feet. All intervals shall be measured center to center of posts. In general, in determining the spacing of posts, measurements will be made parallel to the slope of the existing ground, and all posts shall be placed in a vertical position except where otherwise directed by the Engineer. Line posts may be driven in place provided the method of driving does not damage the post. Steel corner, gate, and pull posts shall be set in concrete footings to the dimensions shown in the Plans and crowned at the top to shed water. Concrete footings shall be constructed to embed the lower part of steel line posts, and wood anchors shall be placed on wood posts at grade depressions wherever the tension on the line wires will tend to pull the post from the ground. The concrete footings shall be 3 feet deep by 12 inches in diameter and crowned at the top. Where solid rock is encountered without an overburden of soil, line posts shall be set a minimum depth of 14 inches and end, corner, gate, and pull posts a minimum depth of 20 inches into the solid rock. The hole shall have a minimum dimension 1 inch greater than the largest dimension of the post section to be set. The posts shall be cut before installation to lengths that will give 4% feet of post above ground, or if the Contractor so elects, 6-foot posts set 18 inches into the solid rock may be used. After the post is set and plumbed, the hole shall be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to leave no voids. The grout shall be crowned to carry water away from the post. Where posts are set in the above manner, anchor plates and concrete footings will not be required. Where solid rock is covered by an overburden of soil or loose rock, the posts shall be set to the full depth of 2% feet unless the penetration into solid rock reaches the minimum depths specified above, in which case the depth of penetration may be terminated. When the depth of the overburden is greater than 12 inches, anchor plates will be required on the steel line posts, and concrete footings shall be constructed from the solid rock to the top of the ground on steel end, gate, corner, and pull posts. When the depth of overburden is 12 inches or less, anchor plates and concrete footings will not be required. After the post is set and plumbed, the hole in the portion of the post in solid rock shall be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to leave no voids. Steel braces shall be anchored to soil or loose rock with a commercial concrete footing not less than 18 inches on any one side and set in solid rock to a minimum depth of 10 inches in the same manner as specified above for posts. The braces shall be set on the diagonal as shown in the Plans and connected to the post with an approved connection. Wood braces shall be dapped'/ inch into the posts and shall be fastened to each post with three 20d galvanized nails. Wire braces shall consist of a 9-gage wire passed around the wood posts to form a double wire. The wire shall be fastened to each post with two staples and fastened together 45 of 50 Page 8-72 2023 Standard Specifications M 41-10 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C unam unK rence ana mre rence 8-12 to form a continuous wire. The wires shall then be twisted together until the wire is in tension. Where the new fence joins an existing fence, the two shall be attached in a manner satisfactory to the Engineer, and end or corner posts shall be set as necessary. Changes in alignment of 30 degrees or more shall be considered as corners, and corner posts shall be installed. Where it is deemed by the Engineer that a change in alignment of less than 30 degrees will materially lessen the strength of the fence, the line post at the angle shall be supported by the addition of braces or wires in a manner satisfactory to the Engineer. 8-12.3(2)B Barbed Wire and Wire Mesh After the pull posts have been placed and securely braced, the barbed wire and mesh shall be pulled taut to the satisfaction of the Engineer, and each longitudinal wire shall be cut and securely fastened to the pull post with devices customarily used for the purpose. Wire or mesh shall not be carried past a pull post, but shall be cut and fastened to the pull post independently for the adjacent spans. After the tensioning of the wire or mesh between two pull posts, all longitudinal wires shall be properly fastened at proper height to each intervening line post. Wire mesh and barbed wire shall be placed on the face of the post which is away from the highway, except that on horizontal curves, the mesh and wires shall be fastened to the face on the outside of the curve unless otherwise directed by the Engineer. Where unusual ground depressions occur between posts, the fence shall be guyed to the ground by means of a 9-gage galvanized wire attached to a gravity anchor of approximately 100 pounds buried 2 feet in the ground. The guy wire shall be securely attached to each strand of barbed wire and to the top and bottom wires of the wire mesh fabric in a manner to maintain the entire fence in its normal shape. If necessary to guy the fence in solid rock, the guy wire shall be grouted in a hole 2 inches in diameter and 10 inches deep. The operation of guying shall leave the fence snug with the ground. 8-12.3(2)C Vertical Cinch Stays Vertical cinch stays shall be installed midway between posts on both types of fence. The wire shall be twisted in such a manner as to permit weaving into the horizontal fence wires to provide rigid spacing. All barbed wires and the top, middle, and bottom wire of the wire mesh shall be woven into the stay. 8-12.3(2)D Wire Gates The wire mesh fabric shall be taut and securely tied to the frame and stays in accordance with recognized standard practice for wire gate construction. Welded connections on gate frames shall be treated as specified for chain link fence gates. The drop bar locking device for double wire gates shall be provided with a footing of commercial concrete 12 inches in diameter and 12 inches deep, crowned on top and provided with a hole to receive the locking bar. The diameter and depth of the hole in the footing shall be as specified by the manufacturer of the locking device. 8-12.3(2)E Access Control Gate Access control gates shall be placed to line and grade as shown in the Plans or as staked. After the posts have been set, the holes shall be backfilled. The postholes shall be of sufficient dimension to allow placement and thorough compaction of selected backfill material completely around the post. Selected backfill material shall consist of earth or fine sandy gravel, free from organic matter, with no individual particles exceeding 1% inches in diameter. 2023 Standard Specifications M 41-10 Page 8-73 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C e-7Z Chain Link Fence and Wire Fence 8-12.4 Measurement Chain link fence and wire fence will be measured by the linear foot of completed fence, along the ground line, exclusive of openings. End, gate, corner, and pull posts for chain link fence will be measured per each for the posts furnished and installed complete in place. Gates will be measured by the unit for each type of gate furnished and installed. Access control gates will be measured per each. 8-12.5 Payment Payment will be made for each of the following Bid items that are included in the Proposal: "Chain Link Fence Type ", per linear foot. The unit Contract price per linear foot for "Chain Link Fence Type ___" shall be full payment for all costs for the specified Work including brace post installation and all other requirements of Section 8-12 for Chain Link Fence, unless covered in a separate Bid Item in this section. Payment for clearing of fence line for "Chain Link Fence Type " shall be in accordance with Section 2-01.5. "End, Gate, Corner, and Pull Post for Chain Link Fence", per each. The unit Contract price per each for "End, Gate, Corner, and Pull Post for Chain Link Fence" shall be full payment for all costs for the specified Work. "Double 14 Ft. Chain Link Gate", per each. "Double 20 Ft. Chain Link Gate", per each. "Single 6 Ft. Chain Link Gate", per each. The unit Contract price per each for "Double 14 Ft. Chain Link Gate", "Double 20 Ft. Chain Link Gate", and "Single 6 Ft. Chain Link Gate", shall be full payment for all costs for the specified Work. "Wire Fence Type ", per linear foot. The unit Contract price per each for "Wire Fence Type ____" shall be full payment for all costs for the specified Work including payment for clearing of the fence line. "Single Wire Gate 14 Ft. Wide", per each. "Double Wire Gate 20 Ft. Wide", per each. The unit contract price per each for "Single Wire Gate 14 Ft. Wide" and "Double Wire Gate 20 Ft. Wide" shall be full payment for all costs for the specified Work. "Access Control Gate", per each. The unit contract price per each for "Access Control Gate" shall be full payment for all costs to perform the specified work. Page 8-74 2023 Standard Specifications M 41-10 47 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C ID Designation: A 780 — 01 Standard Practice for Repair of Damaged and Uncoated Areas of Hot -Dip Galvanized Coatings' This standard is issued under the fixed designation A 780; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. This standard has been approved for use by agencies of the Department of Defense. 1. Scope 1.1 This practice describes methods which may be used to repair damaged hot -dip galvanized coatings on hardware, structural shapes, and other products fabricated prior to hot -dip galvanizing, and uncoated areas remaining after initial hot -dip galvanizing. The damage may be the result of welding or cutting (flame), in which case the coating will be damaged predominantly by burning. This practice can also be used to repair hot -dip galvanized coatings damaged by excessively rough handling during shipping or erection. Requirements concerning the renovation of uncoated areas remaining after initial hot -dip galvanizing are contained within the applicable material specification. 1.2 This practice describes the use of low melting point zinc alloy repair rods or powders made specifically for this purpose, the use of paints containing zinc dust, and the use of sprayed zinc (metallizing). 1.3 The extent of repair shall be limited to an area mutually agreeable to the contracting parties. Similarly, contracting parties shall agree to the repair method to be used. 1.4 This standard does not purport to address the safety problems, if any, associated with its use. !t is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. 1.5 The values stated in inch -pound units are to be regarded as the standard. The values given in parentheses are for information only. 2. Referenced Documents 2.1 ASTM Standards.- * 902 Terminology Relating to Metallic Coated Steel Prod- uctS2 D 520 Specification for Zinc Dust Pigment3 2.2 Societyfor Protective Coatings (SSPQ Documents: This practice is under the jurisdiction of ASTM Committee A05 on Metallic Coated Iron and Steel Products and is the direct responsibility of Subcommittee A05.13 on Structural Shapes and Hardware Specifications. Current edition approved April 10, 2001. Published June 2001. Originally published as A 780 — 80. Last previous edition A 780 — 00. 2 Annual Book of ASTM Standards, Vol 01.06. 'Annual Book of ASTM Standards, Vol 06.03. Copyright © ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, United States. SSPC-PA2 Measurement of Dry Paint Thickness with Mag- netic Gages SSPC-SP2 Hand Tool Cleaning SSPC-SP5/NACE No.l White Metal Blast Cleaning' SSPC-SP10/NACE No.2 Near -White Blast Cleaning4 SSPC-SP11 Power Tool Cleaning to Bare Metal4 3. Terminology 3.1 Definitions —For definitions of terms used in this practice, refer to Terminology A 902. 4. Materials 4.1 Properties —The material used for repairs shall have the following characteristics: 4.1.1 One application of the material shall provide a coating thickness of at least 2.0 mils (50.8 pm). 4.1.2 The applied coating shall provide barrier protection and shall preferably be anodic to steel. 4.1.3 Application of the coating material shall be possible under shop or field conditions. 4.2 Types —There are three types of material that possess the required properties and may be used to repair damaged galvanized coatings, as follows: 4.2.1 Zinc -Based Solders —Zinc alloy solders are to be used for repairs. The most common types of solders are zinc - cadmium, zinc -tin -lead, and zinc -tin -copper alloys. Zinc - cadmium and zinc -tin -lead alloys have liquidus temperatures in the ranges from 518 to 527°F (270 to 275°C) and 446 to 500°F (230 to 260°C), respectively. (The liquidus temperature is that temperature above which an alloy is completely molten.) The zinc -tin -copper alloys have a liquidus temperature in the range from 660 to 670°F (349 to 354°C), but they are applied while in a semisolid state in the preferred application temperature range from 480 to 570°F (250 to 300°C). The solders can be used in rod form or as powders. Annex Al describes the use of zinc -based solders. 4.2.2 Paints Containing Zinc Dust —These are usually based on organic binders, pre -mixed and formulated specifi- cally for use on steel surfaces. Paints containing zinc dust, with concentrations of zinc dust in the range of 65 to 69 % or above Available from Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, PA 15213. Page 48 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C 1110 A 780 92 % in the dried film, are considered equally effective for the repair of damaged galvanized coatings. The repair paint to be used shall be selected by the galvanizer, unless the purchaser specifies a particular concentration or paint system. Corrosion resistance and service performance are very dependent on the properties of the paint system, the extent of surface prepara- tion, and skills of individual applicators. Annex A2 describes the use of paints containing zinc dust. Specification D 520 describes the zinc dust component of these paints. 4.2.3 Sprayed Zinc —This method involves the application of a zinc coating by spraying the surface to be repaired with droplets of molten metal using wire or ribbon, or powder processes. Annex A3 describes the use of sprayed zinc. 4.3 For further information, reference may be made to the papers, procedures, and specifications in Refs. (1) through (4) (see list of references at the end of this practice). 5. Keywords 5.1 coatings —zinc; galvanized coating repair; galvanized coatings; touch-up; zinc coating repair; zinc coatings ANNEXES (Mandatory Information) Al. REPAIR USING ZINC -BASED ALLOYS ALL Clean the surface to be reconditioned using a wire brush, a light grinding action, or mild blasting. To ensure that a smooth reconditioned coating can be effected, surface prepa- ration shall extend into the surrounding, undamaged galva- nized coating. A1.2 If the area to be reconditioned includes welds, first remove all weld flux residue and weld spatter (of a size that cannot be removed by wire brushing or blast cleaning) by mechanical means, such as chipping, grinding, or power scaling, etc. burned. Wire brush the surface to be reconditioned during preheating. Pre -flux, if necessary. AIA Rub the cleaned, preheated area with the repair stick to deposit an evenly distributed layer of the zinc alloy. When powdered zinc alloys are used, sprinkle the powder on the cleaned, preheated surface and spread out with a spatula or similar tool. The thickness of the applied coating shall be as agreed upon between the contracting parties. A1.5 When the repair has been effected, remove flux residue by rinsing with water or wiping with a damp cloth. A 1.3 Preheat the cleaned area to be reconditioned to at least A 1.6 Take thickness measurements with either a magnetic, 600°F (315°C). Do not overheat the surface beyond 750°F electromagnetic, or eddy -current gage to ensure that the (400°C), nor allow the surrounding galvanized coating to be applied coating is as specified. A2. REPAIR USING PAINTS CONTAINING ZINC DUST A2.1 Preparation of the damaged surface will be influenced by the type of paint selected and the anticipated service conditions. Experience shows that in general, organic zinc -rich systems are tolerant of marginal surface preparation. Most organic paints containing zinc dust are not critical of climatic or atmospheric conditions for curing. The following general guidelines shall apply: A2.1.1 Surfaces to be reconditioned with paints containing zinc dust shall be clean, dry, and free of oil, grease, preexisting paint, and corrosion by-products. A2.1.2 Where anticipated, field service conditions include immersion, blast clean the surface in accordance with SSPC- SP10/NACE No. 2 near white metal. For less critical field exposure conditions, clean the surface to bare metal, in accordance with SSPC-SP11, as a iminiimmm. Where circum- stances do not allow blast or power tool cleaning, it is permissible to hand tool areas clean in accordance with SSPC-SP2. To ensure that a smooth reconditioned coating can be effected, surface preparation shall extend into the undam- aged galvanized coating. The method and extent of surface preparation shall be mutually agreeable to the contracting parties. A2.1.3 If the area to be reconditioned includes welds, first remove all weld flux residue and weld spatter (of a size that cannot be removed by wire brushing or blast cleaning) by mechanical means, such as chipping, grinding, or power scaling, etc. A2.1.4 Spray or brush -apply the paints containing zinc dust to the prepared area. Apply the paint as in accordance with the manufacturer's printed instructions in a single application employing multiple passes to achieve a dry film thickness to be agreed upon between the contracting parties. Allow adequate curing time before subjecting repaired items to service condi- tions in accordance with the manufacturer's printed instruc- tions. A2.1.5 Take thickness measurements with either a mag- netic, electromagnetic, or eddy -current gage to ensure that the applied coating is as specified in accordance with SSPC-PA2. Page 49 of 50 DocuSign Envelope ID: 74DA31AB-EAB5-433A-A7E3-9BF4E361119C QS A 780 A3. REPAIR USING SPRAYED ZINC (METALLIZING) A3.1 Surfaces to be reconditioned by zinc metallizing shall zinc powder. Apply the sprayed coating as soon as possible be clean, dry and free of oil, grease, and corrosion products. after surface preparation and before visible deterioration of the A3.2 If the area to be reconditioned includes welds, first surface has occurred. remove all flux residue and weld spatter of a size or type that A3.6 The surface of the sprayed coating shall be of uniform cannot be removed by blast cleaning by mechanical means, texture, free of lumps, coarse areas, and loosely adherent that is, chipping, etc. particles. A3.3 Blast clean the surface to be reconditioned in accor- dance with SSPC-SP5/NACE No. 1, white metal. A3.7 The nominal thickness of the sprayed zinc coating shall be previously agreed upon between the contracting A3.4 To ensure that a smooth reconditioned coating can be parties. effected, surface preparation shall be extended into the sur- rounding undamaged galvanized coating. A3.8 Take thickness measurements with either a magnetic, A3.5 Apply the coating to the clean and dry surface by electromagnetic, or eddy -current gage to ensure that the means of metal -spraying pistols fed with either zinc wire or applied coating is as specified. REFERENCES (1) Van Eijnsbergen, J. F. H., et al, "Reconditioning Damaged Galvanized Surfaces," 6th International Conference on Hot Dip Galvanizing, Interlaken, June 1961, pp. 128-141. (2) SSPC-Paint-20," Zinc Rich Coatings, Type I Inorganic, Type 11 Organic," Steel Structures Painting Council, 4400 Fifth Ave., Pitts- burgh, PA 15213, 1979. (3) MIL-P-21035 (Ships), Military Specification," Paint, High Zinc Dust Content, Galvanizing Repair," Amendment 1, U.S. Government Printing Office, Washington, DC, 1970. (4) "Recommended Practices for Fused Thermal Sprayed Deposits," American Welding Society, Inc., 550 N.W. LeJeune Rd., Miami, FL 33135, 1975. The American Society for Testing and Materials takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility. This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards, at the address shown below. This standard is copyrighted byASTM, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610-832-9585 (phone), 610-832-9555 (fax), or service@astm.org (e-mail); or through the ASTM website (www.astm.org). Page 50 of 50