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063-23 - JMG Constructors, LLC - ContractDocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 CONTRACT CITY OF PORT ORCHARD MCCORMICK WOODS —WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJF.C'I' NO PW2023-010 CONTRACT NO. 063-23 THIS CONTRACT ("Contract") is made and entered into this Sth day of August, 2023, by and between the Cityof Port Orchard, a municipality incorporated and existing underthe laws ofthe State of Washington, hereinafter called the "City," and JMG Constructors, LLC hereinafter called the "Contractor." WITNESSETH: General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, McCormick Woods — Well No. 11 Site Improvement Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated July 25, 2023, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the W5130T Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on July 25, 2023, together with the Instructions to Bidders. Exhibit B — The Project Manual for the MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT. Exhibit C— Retainage Options All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. Cilr of Purl (: rcIwo rd ('unIra0 r+f1G.i-) ? !, cUvomncl(Woody f!cH Ve, !! —Sire lnry,r•n•enieiprs PraimPubhc Works Prq!E!cr-I'Ti" 022-M Page 1 cif '17 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 caiendar days after Notice to Proceed is issued and that all construction shall be complete within 350 working days after the Notice to Proceed pate. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. 11. Non -Discrimination. During the performance of this Contract, 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 compliance with the folllowing Pertinent Non -Discrimination Authorities: • Title V1 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 an the basis of sex), - Section 504 of the Rehabilitation Act of 1973, 129 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 aind contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private C'iel 0/Po+v u cijalJ C'onoacl !WV-23 14cf'nrnrrrk Woods —Wei( ``o H Sirr frrR r:lrcmenlr T+njeC.rP21MC WorkT F1 ojccr 1!PFV20?j-VO Page 2 d 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12199) 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); • 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. 16B1 et seq). Title VI of the Civil Rights Act of 1964 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 20OOd-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 ensure 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 Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from timeto time, which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, 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 Cih �)l J'o,r 0Ychald '-r onl eel ,•Of i-2.3 WeC(iin?14 tfood.s C'A'' No i 1 .Silc hip;nrcvoenf.v Prr2lej.INobh,- WojAs 14ojcc? ?,P=0'3-010 Page 3 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 set forth herein, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C•F.R. part 21. 3. 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 Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of face, color, national origin, sex, age, disability, income -level, or LEP. 4. 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 he 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. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Nan -discrimination provisions of this Contract, 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 Contract until the Contractor complies, and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. fi. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcont(act, 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 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. C'in' r j Am 0rchori 4'0++!+': r+ :V)(3- 7? rOmA JS'oorfs II "H No f l Vi!e Improrrovre+Ns Prnjec+Pahf+c Wo+Ay Project ;'PIVY 3 0M Page 4 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 III. Public Records Act Chapter 42.56 RCW Contractor understands that their 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 they have 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 t❑ 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. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence ❑f any ❑ne 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 t❑ 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, ❑r orders ❑f any public authority having jurisdiction; ❑r 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. 2. 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. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled t❑ make a request for an equitable adjustment for its reasonable direct costs incurred prior t❑ 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 ❑f the termination, but shall not be entitled t❑ any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. C'ilr or Fort Oo chwJ Contrao W)63-2; 1:$.Curnvicki¢'unely—fT'eli!�o !1.]Aci�!!pr'ai'[•+i�eurs,"r'rlecrPrrlal+cd'rucks!'ru�r^rr::i'F1'?f1°.�-�llfJ Page 5 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of Dollars ($ ) with as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. VI. Independent Contractor. The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. 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 ❑R5 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. C'rrr nfN0C1ichevd Con Ii'acl'.1)6.3-_�3 4kf'U;rrrr.'k Fi'rxxls dr cM Vo f! Srre frlRrrp• eer;r.nls Pj-op?f iPlrhlre WorkT Fi nfec( ��F[1` 023-RIU Page 6 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 VIII. 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 IX 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. IX. 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. 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 CAV5ED BYTHAT DELAY. Cif) of Nnr; Oh chord AIc('urmrck WrJuds— jr,-fl Vo 1 J —.Srle ImproI •ruera[v Prujer:rPnh?rr rf oo A.r r'rn1err ::PJF9! 3-O/0 Page 7 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 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 S. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. 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). X. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK 15 COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTH ER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. C. of Pei ?1 016hen d C onOuLl-,063-23 Arc( 01-InIck Woods 'W"3 vo 1 ' ,Srrc (lrrpro)!emcOrrs Pr-OfCC (P10bhC r'✓urks P+njVC( 7Pff'02,-010 Page 8 d 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 XI. 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. XI I. 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. 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. XIII. Insurance. The Contractor shad procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with C rli ul Parr d [ -nn acr 4062-= 1 VIL (Jo njick Joods Urdi.Gu 1! Site lnrpoovomuarsr'ro)ccd'uhlicWniksPfo)ecenPN,20`3-010 Page 9 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 the performance of the work hereunder by the Contractor, its agents, representative, employees or subcontractors, No Limitation. Contractor's maintenance of insurance as required by the agreement 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. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. 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. 2. 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 150 form CG 25 03 1185. 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 as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 011. of furl 01 hard C ew caul •'Iih3 -,3 .)h('0r02ncl K,(Jo s Pregnlhd) is Wrrks Pr57fec1-,!'Ir"9_3-0)0 Page 10 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate and a $3,000,000 products - completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions, C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall he primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. 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. D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contraictors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VI I. G. Verification of Coverage. 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 tothis Project. ('rh u),Pure Ur chord C'owrace d062-73 If•?'ce-mock Wuud.r R' 1.� ;%r: !1 .Sac Prujer:rPrrhlrr: F"C;0L PIo7ecI sPTV 012-Wo Page 11 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 H, Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIV. 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. XV. 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 he 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 fu rther assignment shall be made without additional written consent. Crh q/1'w7 Con onhar1 -:06--'-7J fcC-oinuc, i"oods- J1'cli Vo I! - Sere Imp+urenIer,fs 1'r-rfrriPifNie Works F, -eye L:! +U'ii'70"3-01Fi Paye 12 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 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. 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 these presents to be duly executed. DocuSigned by: CI %P"M%VARD Byr 3696492E3F5847D ^_ Robert Putaansuu, Mayor CONTRACTOR By: Title: Address:'► r jigned byy::1��"" e v--1 ' UJAUAGt, Brandy Wallace, MMC, City Clerk Cjt of Pori 0-chard Corrfroct 9063.23 AieCornuck Woods— fi di Alo. 1l —.Srre larprorenrews ProjecePublrc Works Project #PJV2013-010 Page 13 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 APPROVED AS TO FORM. DocuSigned by: �u Charlotte Archer, City Attorney NOTICES TO BE SENT TO. - CONTRACTOR; CITY NAME3G Name: Robert Putaansuu_ ADDRESS 73q t [-Q 6 Prospect Street, s!;> V tine\'F C..) Port Orchard, WA 98366 TELEPHONE3e,0 T£L HONE:360876.4407 Email t,--vt,i 4, -t-VK(S : c1 'rierk@portorchardwa.gov With a copy to the City Clerk at the same address GA) of Por•f Orchard Cowracl #063-23 A&Corrrrick Woods— FIVI'Vo f 1— 5He Inwr•ovemenvs ProjecrPublrc Waits Pr•ojecr +JPW2023-010 Page 14 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 EXHIBIT C 5% RETAINAGE INVESTMENT OPTION' Contractor: ,,LG Project Name: MCCORMICK WOODS- WELL NO. 11 SITE IMPROVEMENT PROJECT Date., Project Number: PW2Q23-010 Pursuant to RCW 60.2&010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: ry 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNTAGREEMENT. Please state the name of your bank. Bank: UD(-.l 1_-,, wia_rant a 1-2,— ., V_ 2. Escrowlinvestments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROWAGREEMNT. Preferred Bank: Securities/Bonds: D3. Guarantee deposit: Retainage will be held by the City. No interest is payable tothe Contractor Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circum e. Contractor's Signature Title If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of minimum of A-. Ciq of Pori o)-chaM C'opuract 4063-23 +fk•Comrck Woody— Well NO 11 —Sire Impro-veniews ProjecrPobhc Works Project #M'2023-010 Page 15 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SAVING ACCOUNT AGREEMENT TO BANK: SAVINGS ACCOUNT NO: BANK'S ADDRESS: V '" s AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 X3 7D CONTRACTNO: PROJECTTITLE: Ilv�� arinn �c o �� 1, �rV►�t~a�e�� The estimated completion date of contract is: The undersigned, - VY r �rmS�i�#1[.. l.l_c , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washirigton, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification On of Pvrf Ojvhard Copdract d063-23 AkCornuck Moods - !fell r1'o f I - Sire Gnp+averments ProjectP"blre Woo-U Project OPW2023-010 Page 16 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation, 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You -shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. of "- t S'i't� !'�"�ITY OF PORT ORCHARD Contractor BY: Title: - - Date: "f L-a' Address:.) k'D Tom s fro, .) A Agency Date: The above savings account agreement and instruction received and accepted this day of Z0_ j Bank N& Authorized Bank Officer Cin• of Port Op chard Cauract M63-23 Mccorn+tck Foods— INel1 Vo !1—Site lnip�ro�enrenrs ProjeaParblicWo��cs Project#PW?D?�-nlrt Page 17 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 TO BANK: RAN K'S ADDRESS: ESCROW AGREEMENT ESCROW NO.: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: PROJECT TITLE:_ MCCORMICK WOODS— WELL NO.11 SVE IMPROVEMENT PROJECT The estimated completion date of contract is: The undersigned, herein referred to as the CONTRACTOR, has directed the C1TY OF PORT CHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants whic shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and dispose of by you in accordance with the following instructions and upon the terms and conditions herei after set forth. INSTRUCTIONS 1. Warrants o/other mad `payable to you and the CONTRACTOR jointly upon delivery to you shall be endy y and forwarded for collection. The moneys will then be used by you to purchase ed by the CONTRACTOR bonds or other securities chosen by the CONTRACTppraved by the AGENCY. Attached is a list of such bonds, or other securities aby the AGENCY. Other bonds or securities, except stocks may be selected by TRACTOR, subject to express written approval of the AGENCY. Purchase of such bonher securities shall be in a form which shall allow you alone to reconvert such bondsr securities into money if you are required to do so by the AGENCY as providedinph4ofthisEscrowAgreement. 2. When an as interest on the securities held by you pursuant to this agreement accrues and is paid, o . shall collect such interest and forward it to the CONTRACTOR at its address design ed below unless otherwise directed by the CONTRACTOR. 3. You a not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the AGENCY'S warrants) except in accordance with written instructions Ch)} of Pori Orchard Conti -act €1663-23 McCormick floods— fief! Vo 1 / —Sore fmproremenls Pr•ojecrPxhlrc Works Pr•ojec! #PIV20?J-010 Page 18 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or thatyou are required to render any service not provided for in these instructions, orthat there is any assignor ent of the interest of th is escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any Instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. Cif) Orchard Cuali-au hOOj-'3 Jkc urrniek Woods — 11W.' No I ! —.Sire Imp oi:cnrerres !YojecIFIdrire Wook.v h-ojec! ':1'14'70 �3-010 Page 19 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. Contractor By: Title: Date: Address: CITY OF PORT ORCHARD Agency By: Date: The above escrow agreement and instruction received and accepted this day of , 20— Bonk Name Authorized Bank Officer SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or hands of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. Crh 00'at1 oecharo CoineraceL463-?3 Afc.C'nrinick iVnnds —I FeU Nro f I — .ilre Pr ojeciPuNic Works Prrjerr ::Pdi'M_ 34)1 l Page 20 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK WOODS— WELL NO, 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2023-010 Bond to City of Port Orchard, Washington Bond NO. NAS 2339641 Premium: $52,926 We, — JMG Constructors. LLC , and Swiss Re Corporate SQ1Uti0n8 America Insurance Corporation (Principal) (Surety) a Missuuri Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractorswith municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of ive Mullion Nine Hundred Ninety Six Thousand Five Hundred Thirty Two Dollars ($ 5,996,532.00 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated August s , 2023 , between Principal and Owner for a project entitled McCormickyyoads-Well Na t1 Site Improvement Project ("Project') — Public Works Project No. pw2o23-o10 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state safes tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tiersubcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Crry afl'orr 0echurd Conrrac( 4063-23 McCormick Voods— Well :tin. 11 Slre Improveniernt.r Projecipublie Works Project 4PW203-010 Page 21 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington, IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 9th day of August _, 20 23 . JMG onstructors LLC rincipal Signature of Authorized Official AV, In L—�aY2 0S Printed Name and Title Name and address of local office of Agent and/or Surety Company: SWss_Re Corporate Solutions America Insuranoe Corporation Surety S' ature of Authorized Official By Jon Richard Sullivan Attorney in Fact (Attach Power of Attorney) Swiss Re Corporate Solutions America Insurance Co r oration 450 Alaskan Way South Suite 200 Seattle WA 98104 Surety companies executing bonds must appear on the current Authorized Insurance list §n the State of Washington per Section 1-02.7 of the Standard Specifications. City of Pori Orchard Conlraci 4063-23 McCormick Woods- Well No. 11 - Site Imprnvemcnts ProjeciPubhe Works Project OPW2023-010 Page 22 cf 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF�� jss. COUNTY Ot Fv On this dayof 20D, before me, the undersigned, a Notary Public in and for the State of Wa hington, duly commissioned and sworn, personally appeared ----r-a �-\ , to me known to be the (check one of the following boxes): �n Gf-A ►�� of 7r ' 4 1 C b r15 5the corporation, of , the partnership, b individual, that executed the foregoing instrument to be the free and voluntary act and deed of said IY corporation, b partnership, b individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. 1101111't l t trr NOTARYrni - a PUBLIC 6. R! r;..° �W Ash % Notary Seal with Ink Stamp Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at j `-'� A My Commission expires: { '- Crty of Port Orchard Comract #063-23 McCormick Woods - Wel1 No, 11-- Site lmprovemeou Projectpubhe Works Project 9PW2023-010 Page 23 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 'PLEASE SEE ATTACHED NOTARY ACKNOWLEDGMENT FOR SURETY SIGNATURES* SURETY ACKNOWLEDGEMENT STATE OF } )ss. COUNTY OF J 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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and yearfirst above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp City ofpo r orcirard Contract �'OdJ-23 �1rC:orrrrr�k YYucdls ;VC11A-o. 11 Site Irrrprovemenls ProjeclPuhlir Works-Prujecl VW2023-010 Page 24 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-8000-E160015B8202 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On AV305-b of 202, __ before me, Emma Nichols, notary Public (insert name and title of the officer) personally appeared Jon Richard Sullivan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfherftheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r EMMA NICHC]Ls i] COMM. # 2350090 NOTARY PUBLIC - CALIFORNIR Y R : MAIIIN C0-1 1 Q F COMM. EXPIRES MAR.3, 2025� Signature (Seal) DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC'') SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC"} WESTPORT INSURANCE CORPORATION {"WIC"} GENERAL POWEROF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JON RICHARD SULLIVAN, KAREN RHODES, TAMMY BATES, and EMMALYN NICHOLS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, cxccute, sea] and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWO HUNDRED MILLION ($200,000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 1 ath of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the sea] of the Corporation; and it is 1~1_WTHER kf-SOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any cmthlcaw relating ihereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be Nntiina upon the [ orarra:ian when so affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached." H Rsy 18 r�c�y , '.�PP.iR,t�fi�. �511t11Rtt1!!,N Wi�g PjNI�A�,'3 S ,f rw�;.�RPQR,grcF�+s �[] E A L 5 E A L. By - Erik dnnm%s, Senior Vice President orSRCSAIC & Soflor Vice Pre-Ackat OrSltcsrlc6Senior Viet PnsidaoldWIC. rP&N-h ny-- g - Gerald h2mwsld, Vice Pmi&rtl of SRCSAIC & Vice President orSItCSPIC & Vice Presidene or W IC IN WITNESS 'd'HEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized off;ars this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State ofIIlinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ® Westport Insurance Corporation On this 10 day of NOVEMBER , 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jaerowski , Vice President of SRCSAIC and Vice President of SRCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. pFftpli4L8150 CHRI"NAM "� STIRf 40 I, Ieffrey Cieldberg, the duly elected Senior Vine President and Assistant 5ecrctary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, whichis still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this w day of Augo , 2p 21 4� Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK WOODS— WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PW2023-010 Bond to City of Port Orchard, Washington Bond No. NAS 2339641 Premium, $52.926 We, _, MG Constructors_ LLC , and Swiss Re Corporate Solutlons America Insurance Corporation (Principal) (Surety) a Missouri Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Five Million Nine Hundred N i nely Six Thousand Five H und red Thirty Two Dollars ($ 5,996,532.00 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated Augusta 2423 , between Principal and Owner for a project entitled McCormick Woods -Well No. 11 site improvement Project ("Project') -- Public Works Project No. PW2o23-910 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs ail provisions of the Contract and changes authorized by owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project, Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Crry gfl'orr Orrhu+d C anarau: P063-23 Vc.(70onir,k Woods— We11 No. I ) Sae Improve mends Proj�! aPieblic Works Proj,,cr UN2023-01C1 Page 21 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, ❑r Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount, Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Band shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical cou n terpa rts th is 9th day of August , 20 n . JMG Constructors. I-!_C Principal Signature of Authorized Official Printed Name and Title Name and address of local office of Agent and/or Surety Company: Swiss Re Corporate Solutions America Insurance Corporation Surety ,/� g a& L� Sign u re of Authorized Official By Jon Richard Sullivan Attorney in Fact (Attach Power of Attorney) Swiss Re Corporate Solutions America Insurance Corporation 454 Alaskan My South, Suite 290 Seattle, WA 98104 Surety companies executing bonds roust appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Parr Orchard conrraca 400-23 McCormick Woods - Weil No. I - Sire Improvements ProjecrPublic Works Project #Pw21123.01 d QagA .2. of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF COUNTY OF1 ) On this day of 'ice 24DO, before me, the undersigned, a Notary Public in and for the State of hington, duly commissioned and sworn, personally appeared �` u*R � V , to me known to be the (check one of the following boxes): E'I C-\- � T of �'� � t` J^C the corporation, of partnership, a individual, that executed the foregoing instrument to be the free and voluntary act corporation, d partnership, 6 individual for the uses and purposes therei oath stated that they are authorized to execute said instrument. the n and deed of said it mentioned, and on WITNESS my hand and official seal hereto affixed the day and year first above written. 4 NOTARY Puauc z Notary Seal with Ink Stamp S Q.-� air-\ S { A ' �� k Yl C�'6 Yti Print r type name�� ND 4RY PUBLIC, r in and for the State of Was4- V Residing at �`` t�C 'j My Commission expires: City of Pori orchard Coniract 4063-23 McCormick Woods— Well No. 1 f -.Silt' fmprnvements ProjeeTubbe Works Projec! OPW2013-0I0 Page 23 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 'PLEASE SEE ATTACHED NOTARY ACKNOWLEDGMENT FOR SURETY SIGNATURES` SURETY ACKNOWLEDGEMENT STATE OF )ss. COUNTY OF On this day of , 24 , 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 he the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorii2ed 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 My Corn mission expires: Notary Seal With Ink Slams ciav ofl'orl Urchord Cf?nfrucf ;+063-23 ,UcC ormick 1Vonds— Well No. II 5ile Improvemenis ProjeclPuhlic Works Prajec '-PFY'?023-01 ; Page 24 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On Avg V °i U13 before me, Emma Nichols, Notary Public (insert name and title of the officer) personally appeared ]on Richard Sullivan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helsheJthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �- "E.' 1 EMMA HiCtiQLS g. C} �, COMM. # 2350090 0 •.. ,; 1141ARY PUBLIC - [AUFORNIA M"w COUNTY 0 I IF a ' COMM. EXPIRES MAR• 3 20253 Signature {Seal} DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION (-WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existirg under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City. Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint; JON RICHARD SULLIVAN, KAREN RHODES, TAMMY BATES, and EMIAALYN NICHOLS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, sea] and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretysh_p as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any wrtiiicate ret4;ng thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binuin2 upon the Corp.otetion when �,,,.11... 1li1/,F Nr ....... A and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached." P �y E"Uaaisws, Senior Vice PmWlent or SRCSAIC & Senior Vice Araideat arsRCSPIC & Senior Vice Presidenl of WIC By Gerald davrvenld, We Pr Wrai of SRCSAIC & Vice Pmidenl of SRCSPIC & Vice PMidrne vrwtC IN W ITNESS WHEREOF. SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ED Westport Insurance Corporation On this 10 day of NOVEMBER , 20 _2L before me, a Notary Public personally appeared Erik Janssens, Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gorald Jagrowski , Vice PresiGent of SRCSAIC and Vice President of SRCSPIC and Vice President of WIC, personally known to me, �vho being by me duly sworn, aclaiowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be die -voluntary act and deed of their respective companies. OFFIGti�tAL CHR1871N�11r1AN1$CO ttQWtf Pifdl]C 8R117 Et # L� l7A�enis+lx nWe� tjLW6"X-r*1"-4* I, Jeffrey Goldbere. the duly elected Senior Vied N;:sidenL and Abs isLjML Secretaa of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. I WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 91^ day of "eq� , 20 23 Jeffrey Goldberg. Senior Vice President & Assistant Secretary ofSRCSAIC and SRCSPIC and WIC DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND NOTE, This form must be c onrnleted tit Contract Cornnletio►a. Before the Performance Bond or the retainage can de released, the City must receive the two_year Maintenance /Warranty Bond Project 3#: PW-2023-010 Surety Bond #: Date Posted: Expiration Date: RE: Project Name: MCCORMICK WOODS — WELL NO.11 SITE IMPROVEMENT PROJECT Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS; That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the 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 an public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions-. A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, Croy of Port Qrdxrrd Cbrnraei -71, 3- )3 A*Cornrlck Woods -Heft Na If - 5ne fnrpr ovexrews Projeahiibhc Works Project 0PW2N3-6IQ Page 25 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 in the case of landscaping, shall survive,} for a period of twenty-four (24) months after written and final acceptance of the same and approval bythe 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 an which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration worlt installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal shiould fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 1)(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. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section ❑ above. L:i 13 uj P'),f 00 c-hrr,'cl con li ac.12403-)3 AW w-ouk:n ]�'rxal•s - z;ia1 Yo II —.S,re huProxerneorer Piojecii';rhlic Wookv �'r-ojcri r,P[i-30 3-f110 Page 26 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 F. Extensions and Changes. No change, extension of time, alteration oraddition 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 attcrney 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 aver and above said bond as a part of any recovery (including recovery on the bond) in anyjudicial proceeding. The Surety hereby agrees thatthis 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 day of SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: , 20 DEVELOPER/OWNER (Signature must be notarized) By: Its' Business Name: Business Address: City/State/lip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) C I ' of Par-1 (.;Iehm'd f a'werc! WCC'ni-lirrrA Wriocj.s !r',rrr t'u 7 i . rI(C lnlprrawinolrs P?-rjecrPcrhkc kvon A-,s PI ryc•cr '+PV 0' -(i1 Page 27 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 FORM P-1 J NOTARY BLOCK (Developer/Owner) STATE OF WASH INCTON j ss. COUNTY OF j I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of thatthey signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. ❑ated: (print or type narne) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: CIO- ofPorr Orchard Conrrncl 9063-23 McCormick Woods— Weft No. I f —Sire Improvements ProjeciPublic Wanks Project NPVV23-01R Page 28 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON j 55, COUNTY OF j I certify that I know or have satisfactory evidence that is the person who appea red before me, and said person acknowledged as the of that they signed this instrument, on oath stated that they are authorized to exec.Ate the instrument and acknowledged it to be their free and voluntary act for the uses and puraoses mentioned in the instrument. Dated; (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires of i'arr 00 07urd conrrrrcr EH02-=; VC( oron+ck i4-ouds - jjW1 Vu i I —.Sue hrr1ar v,'!inew-, f rujerIPahGc Woe s Pmjece -'P!f' 913-f1I0 Page 29 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 PROPOSAL CITY OF PORT ORCHARD MCCORMICK WOODS — WELL NO. 11 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. PWZ023-010 To: Mayor and City Council City of Port Orchard, Washington Contractor: State License No.: c� a f^+-1 --•— Date, t� Month/oay/Year Bidder's Declaration and Understanding The Bidder declares that they have carefully examined the Contract Documents for the construction of the project, that they have personally inspected the site, that they have satisfied themselves as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract 136cuments, which Documents are hereby made a part of this Proposal. The Bidder further declares that they have exercised their own judgment regarding the interpretation, of subsurface information and has utilized all data, which they believe pertinent from City and other sources and has made such independent investigations as the Bidder deems necessary in arriving at their conclusions. Bidder understands that any bid response documents maybe subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that they 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 Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder 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. Contract Execution The Bidder agrees that if this Proposal is accepted, they will, within Fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment Mond, the Certificate of Insurance, and other documentation required by the Contract Documents, and will, to the extent of their Proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. ['irti W Pori lhuhafd 4feCormick Ifrwdx - Well 1`rr. 11 - ,Wle lmpriwermejaw h-oke7 PuNic li"urks Priii,a 4 PH"N J-011+ LD 11 Page 30 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, they will meet with engineering personnel, and complete the construction within 350 working days of START DATE. Lump Sam and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prizes named in the proposal. I jr (', wam k If p+ruA - II di 1e, I I !rho In►prrrtirn►rurs Preye•, ► )'1ihlrr If arks Pr'+h•r► - VIP = I1� ;•f►►I► i.11- I 1 Page 31 of 37 Vcovi:lod :-o nuildorr. Cx.-rhangn of NA, Inc. Car „aage Condition,, Agraamant zoo www.6xwa.con A}.wayc VCCLE" Ocal DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 SCHEDULE OF CONTRACT PRICES MCCORMICK WOODS WELL NO. 11 SITE IMPROVEMENT PROJECT NOTE, Unit prices for all items and the total amount bid must be shown. The Project must be. hid in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where conflict occurs between the unit price and the total amount named for any items, the unit price typed or printed and entered in ink shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item Estimated Description of Item/ Total Amount in Unit Price Total Amount No. Quantity Words $ase Bid Mobilization, Bonds, Insurance, and 1 Lump Surn ibemobiluation Dant, %aJLJ5LID (Total Amount in Wordswi: Hu d Ped Lump Sum �ollar�Per 2 lump Sum Traffit Control Ff n ILLS.r�J (TotalAmuunt in Word-5r7we 4v-Thrre Odlars Per Lump 5urn 3 Lump Sum Surveying and Construction Staking C'G 15l1-r)L'M"S a aV-.0,2 A&I&&I 5 {Total Arnount in Words) Tlw�4,y--rk, Per Lump Sum 4 Lump 5urn Erosion an^oo $edlmentatiQn Conotrol EL�LLi1Qtl:al3i d a.., Lnnr.eri _ 5 I (Total Amount in Words) F,5phf-cn%llars Per Lump Sum 5 Lump Surn Sheeting, Shoring, and Bracing (Total Amount in WordsM 1 r}..� TP-W R4 �Rt 1 a's 6 80 { Dt Pipe for Water Maio, 8 In, Dian: J w,i hh�itoe tS- Th.., � .d (Total Amount in Words)S'iC}y �+l letvr t 330 DI Pipe for Water Main, 10 In. Dlam 5 5, 4?a Per Lump 5urn 5 s 5; 433 . cc 52110.0 3LLO.0Z Per Lineal Foot �I �u �Il trl �y n uSri�ar� T4-AX)5 _7-10t) , DQ {total Ani vial fl in Words) (-crf alJa.,j Per Ltneai Fool 8 90 DI Pipe for Water Main, 12 in Dram `111'k'.p tli.(�ti1illi Thec.�.sar�. sd4��Sa I.olaI Amount in'No rd5.)`ihi+fk4DC( 9 80 PVC Pipe for aralri, d In Diam. (Total Arnvvct in Words; FoA'JAA a,-:5 10 220 PVC Pipe Far Drain, tU In. Diam. Per Lineal Foot $ R&DO �5 Pe Lineal Font Page 32 or 37 Prnvi9ed to B.ti:Lie. rr> F.xchangF- of Nis, Tnr•, Cni• ,[sage Ccirnliriarig A-j ee-mFnr �;P1B wwW.bxwa.r,ori - Always verity .k::al DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item Estimated No. Quantity Description of Ilemiftotal Amount In Words Unit Price Total Amount r y!jS�aCL_Tsrcf ' �J a S 23_SZI}-� _ {Total R aunt in Words, n,-ed 7-r wa%4Y ill aFa Per lineal Fool 35 D} PiDC for SIOM 8 In. Diarn. i ' f 1]IJ.C�Yla11Sa..r� �M{� i�L11[�r�124-00 S•�� (Total Amount in Words] ra+a Per lineal Foot 12 45 DI Pipe tat Storm, 12 In- Diam SIX7 herisarl INNe- !-kA�IdleJ S -d� Sbj � IS CO (Total Amount in WcrdsI5 }y 'F,-jr Per lineal foot 13 600 PVC Pipe for Gravity Sewr+r,1t3 in. Diarn e ...?�•r st�;di T6,ja� 40D.O0 (Total Amount in Wards) JjEMd-,-f Per lineal Foot Piping, Fittings, Valves, and Appurtenances inside Pump Station 14 Lump Siam r�B-gilding (Total Amount in Words ( Pux bred F; fiv- Per Lim p Sian ff -e 1t91kg 15 4 48 inch Concrete Manholes k,W T- C, SX16ar.1 5 A. 1 U4 S 92, Le54y- 00 (TotalAmounl In WcfdlP-PK3>iiaxs- Per ach 16 1 60-inch ConcmteOechlorination Manhole sty l iq.D6 (Total Amountin,Words",,jAgd- Per Each 11 Lump Sum Purnp Station Building [k1t �ILrJIL y taAea TWO 5 It 602 Z4 _S0 60 {Total Amount in ordsi' T�{pt,rS.s.�cf -Fu:)o Per Lump Sum '�+ Ic+r-�gkt�[tsr3 is 1 Well No. it Pump 1_r O Ayoper- (Total Amount in Words} ldrtr% Per Each is 2 evo'.ter Purnps (Total Amflunt in Words e� Per Each 20 Lump Surn Chlorination System QW Ljudud so eii- Ry IVi+nt S �{ S j-7q_ qb3 .� (Tut+iAmuunt in Word-.) Per Lwnp$urn 21 Lump Sum Fluoridation System t f Ij ri w 1 i c— sire eT hr.�! (Total Amount in words) S� Per Lump Sum Y`1�1f asy 22 Wrnp Sum Water Sampling Station Page 33 of 37 viiP•j C,::_aP-s F-.c7han•j� ,f WA. Toe^. -ni ,i hge Conant,;-,r:s wry bxws,clnm Alw,lyg J -a, DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item Estimated Description of Item/ Total Amount In Unit Price No. quantity Words Total Amount '�� ll-ej I k-Atr Tk4�StahCl _ S`T s 23.155 OD (Total Amount in Words) f i�rr� PU Per Lurop Sum 23 Lump Sum Electricat and Instrumentation C7k�wt,lll en eve.5;.� `�1�-e� �stz.� i S 4T 5CO (Total Amount in Words)3w Lj t , `e Per Lump Sum 14 Lump Sum Generator Set TE o 4waj r l E . T-1. er r 5 26 s 2'�b; 2LP2.60 (Totai Amount in Words) O"J!Z Per Lump Sum .�}VJ Testing, Flushing, and Disinfection ot- `�"�+Twc. 25 Lump Sum Water Mldins i r- , eager 6T[ � O[.LiC ,=2 a(p,� a r ��J� s 2. �a . 28 I . W — �p J-IMI COrT" _ Per Lump Surn Well Decommissioning, Abandoning 26 Lump Sum Exasting Pipe, and Site Demolition si b2_ s 1 QZi} D(J (Tutdl Amount in Wul& tla:--t Per Lump SUM 27 Lump Sum CCllearwell Rehabilltation -Ft., t., N eft d - SM-310 $ 200 A � � .00- - - (Total Amount m Wurds.Fwl"&,V) Per Lump Sum T,.Xq- I-4.�rcd T`e vt 28 35.0 Hot Mix Asphalt al Amount in Words) Per Ton 29 399 Crushed Surfacing Top Course , I TM6 Amount in Ward5) y y jlr� r c Per Tan 30 264 Surfacing Base Course `(Crushed 6x, u&mAe i 4g }��{tij� _ S `2-1 � � V 0 q. 0 n (Tatal Amount in L11ard5lE j- *t_4 Per Ton Final $ite Grading, Surface Restoration, 31 Lump Sum and Site Clean - Up YJ2 MA=,Id _ s 3 [�13 5 U 13 OQ STot al Amauni in Words)`,'�c h6A &eJ Per Lump Sum 3� rim ;? LLimp Sum E3ieswale ou r S I S j ��.CI,�•Q {Tc(ai Amount in Words) _<;?yqt • Per Lump Surn Page 34 of 37 ...- fl%_ EI:j IxA R-Inye :A WA, ITIC. F•)- Lksa3e C.1A❑itr.rynti A"jieerue nt see www bxw.i-c7� - AIway, Ve(:ry _i,,a; U DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 Item Estimated Nscriptlon of Item/ Total Amount in unit Price Total Amount No. Quanthy Words 7.T Force Account Minor Changes DfylAnanpa anu1e.n,1 ,DOIIAa., Slae,000 , 106,000 [Total Amount in Words)"d +la CLnfS Per Forcp Account 34 1 3-inch Piping Vault Ao 46) 5ob- n Q.- --(Total Amaunt in Words Pl r Each 35 1 10-inch Value Vault _oaQ.a- (Total Amount in Wards; Per Each 7911101 Bose E44 5� 4 a U; oco Tax 9.3% S �� TOTAL GID $ SALES TA.X Retail ing`Retail Sales Tax Rule WAC 458-20-170: Washington Stale Retail sales tax added as percent (%) in addition to contract hid price; sales tax shown as separate line item. Page 35 of 37 prr•f•_�Pr? 1 •'. Ruildprs Fx.•tianfie of WA T,w Frr ijga a f'o Aiti one Arjvr.r.r -nr aP? w bxwA rnrl Atrayq Ver' Fy ltrw1 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Sid Documents: CITY OF PORT ORCHARD MCCORMICK WOODS- WELL NO. 1 SITE IMPROVEMENT PROJECT PUBLIC WORKS PROJECT NO. 2023-010 2 Addendum No. Dalte-olf Receipt Addendum No. Date 4 Receipt Addendum No. ❑ate 01 Receipt Addendum No. Date of Receipt 5 6--1-1 2-1120Z3 NOTE: Failure to or -knowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that they have reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the Bidder is not a "willful" violator, as defined in RCW 49.48,082, of any provision of chapters 49.46, 49.49, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of tabor and industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: " 1 certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date Printed Name and Title: Location or Place Executed (City, State): I ita ce - usiness Address: Business Telephone: (' F'o k 241 I 5 _ )I r NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must he executed in the corporate name by the president or vice-president Jor any other corporate officer accompanied by evidence of authority to sign). � 'in er Purl l 41, hrrrrl ilrc rrrrniik Ilr+rxl5 - ifi'Ji.i�r Jf —.tiik' I�►1j�rr+rivk•11Is f'rrrjrrl 1'rrhlir• 1li+r•fv!'rr+jr•rf � 1'!["_'IJ_'i-fJ1I1 Ll►-l9 Page 35 of 37 DocuSign Envelope ID: 636DFDCC-A3EE-4C6B-80C0-E160015B8202 STATE OF I } Jss. COUNTY OF L t SLL ia _ } certify that I know or have satisfactory evidence that jg—n n bra o lei signed this proposal, on oath stated that they are authorized to execute the proposal and acknowledged it as the 60-nall fin; -Inner (title) of jLLC (name of party on behalf of whom proposal was executed) and acknowledged it to be their free and voluntayct for the uses and purposes mentioned in this proposal. Dated this day of �� { _ , "D ° . Notary Public 9j ,,sttIIMir rr,t Printed Name My Commission Expires: U0,�b r �4� N LIC ir�ll�.tllIIIII�S�� C ' V of l yrirf On-frurd ,1IA,orsnu k Worufs • 11"41 No I I - LVIv 1rmrIxa menty Prepicet PuhFrc It urks Project mi YII: W 3-01I1 L D-24 Page 37 of 37