042-21 - FieldTurf USA Inc. - ContractcrTY oF PORT ORCITARD SMALL WORKS 3sK AND IJNpER
CONSTRUCTION CONTRACT NO. CO42-2I
PUBLIC WORIG PROJECT NO. PW2O21-OO9
THIS Agreement is made effective as of the 23rd_ day of L[ergh*, 2021, by and
between
CITY OF PORT ORCHARD, WASHINGTON ("CrTY")
216 Prospect Street
Porf Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360,876.4407 Fax: 360.895.9029
and
_ Fiel4lurf USA Inc. ("CONTRACTOR")
175 N I Rlvd NF.
GA 1-865
Contact:CodyTaylor Phone:503.539.7930 Ernail:CTaylor@beynonsports.com
for the following Project:
Van Zee Tennis Court Resurfacing ("PROJECT")
The City and Contractor agree as follows:
L Contract Documents. The Contractor shall complete the Work desuibed in the Contract
Documents for the Project. The following documents are collectively refer:red to as the
"Contract" and/or "Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with AP'WA Supplement (l'99), subject to specific
provisions oontained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
City of Pon Orchard and FieldTurf USA Inc.
P ablic lIlorks P r oj ect No. PIY 2 02 I -009
Small Yltarks Contract No. C042-21
Page I of23
R:ev 712312020
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each
other in desuibing a complete work. Any requiremerrt in one document binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date, The date of commencement
shall be Junp,?$, 202-1.. The Contractor shall substantially complete the Work not later than
$gptepber 3. 2021, subject to adjustment by change order.
3. The Contlactor shall do all work and fumish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sott whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subjectto additions and deductions by change order, the construction Contraot Sum is the base
bid amount of $U,1s{,53, (applicable sales tax included), The construction Contract Sun
shall include all items and sErvices necessary for the proper execution and completion of fte
work. The City hereby promises and agrees with the Contractor to employ, and does ernploy
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the tenns and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to fumish insurance of the types and
in the amounts set forth in the Consfiuction Contract Documents.
6. The Contrzctor agrces to repair and replace all property of the City and all propefty of others
damaged by himself, his employees, and sub-contractors.
7. The Contlactor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the pafi of the
Contractor.
8. It is ftrther provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Conshuctiou Contract, except as expressly provided herein.
CiD, aJPort Orchard and FieldTuf USA Inc"
Public lYorks Project No. Pll/2021-009
Small I[orks Contract No. C042-21
Page2 of23
Plev 7123D020
9. Title VI
The City of Port Orchard, in accordance with Title W of the Civil Riglrts Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Departnent of Transpoftation
subtitle A, Office of the Secretary, Part 21, nondiscrhnination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insule that its contracts
comply with these regulations.
Therefore, during the perfonnance of this Agreement the Contlactor, for itself, its assignees, and
successors in interest agl€es as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and tlre Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transpofiation, Federal Higliway Administration (FIIWA), as they may be amended from time to
tirne, which are herein incorporated by reference and made a part of this Agrcement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discrirninate on the grounds of race, colot, 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 parlicipate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3, Solicitations for Subcontracts, Including Procurements of Materials and Equipment: ln all
solicitations, either by competitive bidding, or negotiation made by the Contlactor for work to be
performed under a subcontract, including prccurements of materials, or leases of equipment, each
potentiat subcontractor ol supplier will be noti{ied by the Contractor of the Contractor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Contractor will provide all information and repofis required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
bookso records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any infonnation rcquired of the Contractor is in the exclusive possession of
another who fails or refuses to firnish the information, the Conhactor will so certify to the City or
the FHWA, as appropriate, and will set folth what efforts it has rnade to obtain the information.
5, Sanctions fol Noncompliance: In the event of the Contractor's noncompliance with the Non-
discrirnination provisions of this Agreement, the City will impose such contmct sanctions as it or
the FHWA may detetmine to be appropriate, including, but not limitedto:
l. withholding payments to the Contactor under the Agreement until the Contractor
complies; and/or
2. cancelling, tetminating, or suspending the Agreement, in whole or in part.
City of Port Orchard and FieldTtuf USA Inc.
Public lYorks Project No. PIY202l-009
Small Worlq Contract No. C042-21
Page 3 of23
Flev 7123D020
6. Incorporation of Provisions: The Confiactor will include the provisions of paragraphs one
through six in every subcontract, including procuements of materials and leases of equipnent,
unless exenpt by the Acts, the Regulations and directives issued pursuant thereto, The Contractor
will take action with respect to any subcontract or procurernent as the City or the FFIWA may
direct as a lneans of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threateued with litigation by a subconttactor, or
supplier because of such direction, the Contmctor may request the City to enter into any litigation
to protect flre 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.
IN WITNESS WHEREOF, the parties hereto have caused this contraot to be duly executed
on the date filst written above.
CITY OF PORT ORCIIARD CONTRACTOR
Robert Putaansuu, Mayor
ATTES T/AUTFIENTICATE :
Brandy Rinearson,City Clerk
APPROVED AS TO FORM:
Charlotte A. Aroher, City Attomey
RAT
City of Port Orchard qnd FieldTuf USA Inc.
Public lYorles Project No. Ply202I -009
Snall Worlrs Contracl No. C042-21
Vy.1 ,/
t//Darren Gill
Its: SVP, M.?.rketing & lnnovation
Page4 of23
F.:e,r 7/2312020
CERTIFICATE AS TO CORPORATE PRINCIPAL
Io Marie-France Nantel (Cotporate Officer (Not Contract Signer))
certiff that I am the Corporate Secretary (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
Darren Gill (Contract Signer) who signed said Agreement on behalf
of the Conhactor, was then SV?, Marketing & lnnovation _-, (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
goveming body, and is within the scope of its corporate powers.
Corporate Sgal
,'/t(/ I \
Corp. officer signature (not contraot signer)
Marie-France Nantel
Printed
Corporate Secretary
Title
Province
€tzte of Quebec
€unt]/ of Montreal )
City
Marie-France Nantel (corporate officer (not contract signer)) beng
duly sworn, deposes and says that he/she is Corporate Seqretary (Corporate Title)
of FieldTurf USA. lnc.(Name of Corporation)
Subscribed and swom to before me thit 20th 4ut 61 April 20 21
Notary Public ( Signature)
Constance Vachon
Notary Public (Prin0
My commission April26,2023
)
City of Port Orchard and FieldTaf USA Inc.
Public ll/orks Project No. PlV2 02 I -009
Stnall Works Contracl No. C042-21
CONSTANCE
VACHON
#146 457
Page 5 of23
Fiev 712312020
CITY OF PORT ORCHARI)
PTTBLIC WORK PROJECT TERTVIS AND CONDITIONS
Ttre following terms and conditions shail be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, togetherwith the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Waslrington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be rnodified or superseded by
these provisions, shall govern all phases of work under this Contract, and they ate by reference
made arr integral part of these specifications and Contract as if herein fully set fotth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
l. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term'Cit;/" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid, "Work" means the construction and services required by
the Contract Docurnents, whether oompleted or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Conttactor to fulfill the
Contractor's obligations.
3. LICENSINGAND REGISTRATION: The Contractormusthave a Washington State certificatE
of registration per chapter 18.27 RCW; a cunent state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. ln addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PIIBLIC WORK REQUIREIUENTS: This project constitutes a public work under state law.
Bidders are wamed to take irrto consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibilify of the bidder to ensure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into oonsideration when preparing their bid according to these speoifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Privailing Wages and Affidavit of Wages Paid fonns and shall familiarize itself with their
requirements. The Contrirctor shall also be responsible fot and pay all costs pertaining to the
processing of these fotms.
S. fNSUnaNCE REQTIIREMENT: The successful bidder will firmish insurance as stipulated in
the Attachment entitled "Insurance Requirements."
6. RECEIPT OF ADDENDA: All official cladfications or intelpretations of the bid documents
will be by written addenda only.
City of Port Orchard and FieldTutf USA Inc.
Public f(orks Project No. PW202l-009
Small Works Contract No. C042-21
page 6 of 23
llnnA2\
7. PROJECT COMPLIANCE: hr oompliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applioable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to fumish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govenr in case of extension error.
10. PERMITS AND FEES: The Contractor shall fi.unish all pennits, inspection fees, and fees
requiled in the performance of this Contract, including those charged under RCW 39.12.0?0 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Deparlment may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting fiom these statutes.
11. CONTRACT: The Contract, when properly signed, will be the only form that will be
recognized by the City as an award. The exeouted Contract supersedes all previous
communications and negotiations, except as referenced herein, and constifutes the entire
agreement between flre City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in wliting by flre City, The successful bidder may not assign the Contract
resulting from this invitation to bid without the City's prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a charrge in the Work, or either
party believes that a ohange is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
wite a desuiption ofthe change and give the desmiption to the otherparty (the "ChangeNotice");
(b) Before proceeding with the change in'Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreernent as to the change in Work, the fixed-price cosl and the extension of the
Substantial Cornpletion Date, if any. If the change in Work cannot be perfonned on a fixed-price
basis, the Change Order shall identiff flre agreed method of compensation.
13. CHANGE DIRECTMES: A "Change Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contrao! order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted acoordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the Crty of its agreement or disagreement with
tJre proposed method for determining the proposed adjustnent in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Dirtctive. A Change Directive signed
by the Contractor indicates agreement with all temrs set forth in the Change Directive, Suoh
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
City of Port Orchard and FieldTurf USA Inc.
Public worlrs Project No' Ply202l-009
Rev 7/23D020small worl<s contract No' c042-21
pageT of 23
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party rnay submit the matter for determination in accordance
with Section 21.
14. MINOR CIIANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
cany out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and defend the City against any loss, cost, liability or damage, including reasonable attorney's
fees, by reason of successful bidder's violation oftltis paragraph.
16. INDEMNIFICATION: All seruices to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemnifo and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligenoe of the City. Should a court of competent jurisdiction detetmine that this Contract
is subject to RCW 4.24.Ll5,then, in the event of liability for damages arising out of bodily ittj.rry
to persons or damages to property oaused by or resulting from the concurrent negligenoe of the
Conhactor and the City, its oflicers, officials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of irnmunity under Industrial Insurance, Title 5l RCW, solely
for the pur?oses of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this seotion shall survive the expiration or termination of this Contract.
17, TERMINATION: This Corrtract may be terminated in whole or in part, without penalty, under
the following conditions: l) by mutual rvritten agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Conh'actor to assume liability for any and all damages,
including the excess of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY TIIE CITY WITHOUT CAUSE: Notwithstanding any other plovisions
contained herein, the City, without cause; may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance occuring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the anrount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) Ifthe amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to tennination, the Contractor shall reimburse the City in the amount of suoh
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payrnent and consideration for the services perfonned by the
Contraotor prior to termination.
City of Port Orchard ond FieldTu'f USA Inc.
Public Works Project No. Ply202l-049
Snall lVorlrs Controct No. C042-21
Page 8 of23
F.:ev 7/2312020
19, COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to tlre City for work perfonned to the date of
flre invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the seruices rendered to not meet the requirements of the Contract, Contractor will correct or
modi$ the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either parly may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such pafty's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall rneet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be bome equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services ("JAMS") in accordancE with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be seleoted
pursuant to the rules of JAMS. The parties shall be bound by the decision of suoh arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
City of Port Orchard and FieldTu{USA Inc.
Public l,Yorks Project No. PpV202l-009
Small Worlts Conlracl No. C042-21
Page 9 of23
F.ev 712312020
CITY OF PORT ORC}IARD
INST]RANCE REQUIREMENTS
The Contractor shall procure and rnaintain for the duration of the Contract with the City, insurance
against claims for injuries to persons or damage to property which may arise fi'om or in connection
with the perfonnance of the work hereunder by the Contractor, their agents, representatives,
employees and subcontractors.
No Lirnitation. The Contractor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or oflrerwise limit the City's recourse to any remedy available at law '
or in equity.
Minirnum Scope of trnsurance. The Contractor shall obtain insurance of the types described below:
Automobile Liability insurancs oovering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on lrsurance Seruices Office (ISO) form CA 00 0l or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrenoe form CG 00
0l and shall cover liability arising from premises, operations, stop gap liability,
independent confi'actors, products-completed operations, personal injury and advertising
-juty and liability assumed under an insured contraot. The Comrnercial General Liability
insurance shatl be endorsed to prrrvide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability lnsurance for liability arising fi'om
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured underthe Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
a
a Worlrprs' Compensatior? coverage as required by the Industrial Insurance laws of the State
of Washington.
. Employers' Liability coverage to include bodily injury, and bodily injury by disease.
Employers Liability coverage may be included in the Contractor's General Liability
Coverage or as a stand-alone policy.
t Builders Ris/r insurance covering interests of the City, the Contractor, Subconhactors, and
Sub-subconhactors in the work. Builders Risk insurance shall be on an all-riskpolicy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, eafilquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils rnay be accepted by the
Cily of Port Orchard and FieldTw'f USA Inc.
Public llorkg Project No. Pll/2021-009
Small llorla Contracl No. C042-21 F'ev 712312020
Page 10 of23
City upon written request by the Contractor and wlitten acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Conhactor.
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits
Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $ I ,000.000 per accident.
Commercial General Liability insurance shall be written with lirnits no less than
$1,000,000 eaclr. occuttence, $2,000,000 general aggtegate and a $2,000,000 products-
completed operations aggregate lirnit.
Builders Ris,t insurance shall be written in the amount of the completed value ofthe project
with no coinsurance provisions.
Worlrers' Compensatron insurance.
Employer's Liability insuranoe with Washington Stop Gap Employers' Liability minimum
limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any
other claim or benefit for this Contractor or any sub-Contractor or ernployee of the
Conhactor which rnight arisE under the industrial insurance laws during the performance
of duties and services under this contract. If the Deparhnent of Labor and lndusfries, upon
audit, determines that industrial insurance payments are due and owing as a result of work
per'formed under this contract, those payments shall be made by the Contractor; the
Contractor shall indemnify the City and guarantee payment of such amounts.
Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they
shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool
.ou"tag. maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it, If any coverage is written on a "claims made" basis, then a minimum of three
(3) year extended reporting period shall be included with the claims made policy, andproof of this
extended reporting period provided by the City.
Contractor's Insurance for Othgf Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor's employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Confractor's agents, suppliers or contractors as well as any temporary
structures, soaffo ldin g and pr otective fences.
a
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City of Pot't Orchard and FieldTurf UM Inc.
Public Illorlc Projeet No. Plf202l-009
Small lhrks Contrac! No. C042-21
Page ll of23
F':ev 7123/2020
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other propefiy insurance obtained
pusuant to this Insurance Requirements Section of the Contract or other properly insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insuance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor, The Contractor's
insurance shall be endorsed acknowledging thatthe City will not waive its right to subrogation.
AcceBtabilitv of Insurers.. Insulance is to be placed with insurers with a cuuent A.M. Best rating
of not less than A:VII.
Verification of Coveraee. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endomements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liabilify and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. ThE Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellatign. The Contractor shall provide thifty (30) days written notice by certified
mail, retum receipt requested, to the City prior to the cancellation or alteration of coverage.
Lailule to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forfy-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insumnce as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate flre Contract, or, at its disoretion,
procure or renew such insurance and pay any and all premiums in conneotion therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
Ciry 6f porl Orchard and FieldTudUSA Inc.
Public lllorks Pt'oject No. Ply2021-009
Small Worlrs Contracl No. C042-21
Page 12 of23
Fiev 712312020
CITY OF"PORT ORCI{ARD
DECLARATTON Otr'OPTION ['OR PERFORMANCE AND PAYMENT
BOND OR,A.DDITIONAL RETAINAGE
(APPIICABTE TO CONTRACTS
Note: This form must be submitted at the time the Contractor executes the Contracl. The
Contractor shall designate the option, v,here applicable, desired by checking the appropriate
space.
1. The Contractor shall provide 5%o retainage, pursuant to RCW 60.28.0i 1(1Xa)
2. ln addition, the Contractor elects to (select one)
X (l) Furnish a performance and payment bond in the amount of the total
contract sum. An executed performance and payment bond on the requiled form is
included with the executed contract documents.
Have the City retain, in lieu of the per{ormance and payment bonds,
ten percent (10%) of the total contract amount for a period of thirtry days after date
of final acceptance, or until receipt of all necessary releases fi'om the department of
revenue andthe department of labor and industries and settlement of any liens filed
under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, fbe Contractor agrees that if flie Contractor, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and
agreements in flre Contract, and shall faithfully perform all the provisions of such
Contract and shall also well and truly perform and fulfill all the undertakings,
covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborers, nechanics, subcontractors, and
materialmen, and all pe(sons who shall supply such person or persons, or
subcontractors, with provisions and supplies for the carrying on of such wotk, on
his or her part, and shall defend, indemniff, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time
provided in said option 2; otherwise, the funds shall be retained until the Contractor
fulfills the said obligations.
Date
City of Port A'chard and Fieldhuf USA Inc.
Public l{orlcs Project No. P1.y2021-009
Small l(orl$ Contract No. C042-21
Page 13 of23
Bond No.
Flev 7/2312020
The liability of the surety under this bond shall not extend beyond one year frorn the final cornpletion and acceptance of the work by
the owner/obligee ancl in no way shall the surety be liable under any extended warranty provided by Irieldturf USA, Inc. or the named
Principal on this bond.
PBRFORI\IA.NCE AND PAYMENT BONI)
CITY OF PORT ORCHARD
VAN ZEE TENNIS COTIRT RESURFACING
CONTRACT NO. CO42.2I
Bond to City of Port Chcharcl, Washington
Boncl No. K403r4775
We,and Westchester Fire Insrrrance Comnanv
(Surety)
a Pennsylvania authorizecl to becorne
a surety upon Bonds <lf Contractors with State. are jointly and
severally bouncl to the City of Port Orchard, Washington ("Owner"), in tlre penal sum of
loo llollars (!i 27,366 63
the payment of which sum, on demand, we orrselves and our succe$sors, heirs, administrators.
executors, or personal representatives, as the case m&y be. This Performance Boncl is prr:r'ided to secure the
putbrmance of Principa I in connection with a conh'act clated March 23 20 tt behveen Rincipal and
()rvner tbr a projcct entitlecl Van Zee'fennis Court Resur{hcinq Conh'act No.@21("Contracf')'
The initial p*ui **u .hull "qrrul 100 percent of the Total Bid Pr ice, including sales tax. as spccified in the
Proposal submittecl by Principal.
NOW. TIIEREFORE, this Performance and Payment Boncl shall be satisfiecl and releasecl onll' upon the
condition that Principal, its heirs, executors, administrators, sllccessors, or assigns:
Faithfully performs all provisions ofthe Contract and changes authorized by Ownol in tlte manner and
rvithin the time specitiecl as may be extencled under the Contract.
Pays all laborers. mechanics. subcontractors, lower tier subcontractors. material persons. and all other
persons or agcnts rvho supply labor, equipmen! or matelials to the Prcrjecf and
Pavs ths taxes. increases and penalties incurred on the Project under Titlos 50, 5l and 82 RCW on: (A)
Pr.ojeots refenecl to in RiW 60.23.011(1)(b); ancVor (B) R'<rjects for rvhich the br,rnd is conditioned
on the payment of such taxes. increases ancl penalties.
1'he Surety shall indemnifu. defcnd. and protect the Ownu against any claim of clirect or inclircct loss
resulting from the tlilure:
Of the Principal (or any of the employees, subcontractors. or lorver tier subcontlactors of the Principal)
to thithfully petform the contract, or
Offlre Principal (or any subcontractor or lorver tier subcontractor ofthe Principal) to pay all laborers"
rrrechanics, subconh'actors. lower tier subconttactors, material person, or an\/ otlter person rvlrtr
plovides supplies or provisions fol carrying out the w'ork.
'l'he liabilitv of Surety shall be limited to the penal surn of this Petfonnance and Payrnent Bond.
Pr.inciple ancl Surety agree that if the C)wner is required to engage the senrices of an attomcy in connection
rvitft enlblcement o1'this boncl each shall pay the Owner leasonable attorney's fees. rvhethet' or not suit is
commenced. in acldition to the penal sum.
No change, extension of tirne. alteration, or adctition to the terms of the L'ontr:act or to the Work to be
perfonrred under the Conb'act shall in any way alTect Suretv's obligation on the Perlbrmance Lloncl' Surety
City of Poft Orchard and FieldT'ut'f LIS'4 Inc.
Pul:lic Wrsrks Project No. ]'W202 1-009
Small Work,s Contrac! No. C012-21
Fieldturf USA, Inc.
(Principal)
Corporation, and lrs a surety cotpolatiott
municipal corporations in Washington
Page 14 o{'23
Rcv 1/23/2020
hereby lvaives notice of any change, extension of time, alteration, or aclclition to the tetms of the Contract
ol the \Vork with the exception that Sru'ety shall bc notilled if the Contract time is extended trY more than
twenty percent (20o/o).
If any modification or change increa,ges the total amount to lre paid under fte Contlact, Surety's otrligation
uncler this Perlbnnance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceetl twenty-five percent (25Vo) of the original atnount of the Performance antl Payment Bond
without the prior lvritten consent of Surety.
This Performance and Paymeirt Bond shall be govemed and construed bv the laws of the State of
Washin$on. ancl venue shall be in Kitsap County, Washington.
IN WII'NESS WFILREOF, the parties havc cxecuted this instrument in two (2) identical counterpafi.s this
l6th daY of April ,21) 21
Inc.Westchester Fire Insurance Comoanv
Surety
S of
Ry Ieffrey M.Wilson. Attornev-in-
Plinted N and Title Attomey in Fact (Attach Power of Attotnev)
Name and acldress of local office of
Agent and/or Surcty Company:McGriff Insurance Services, Inc.
22Il 7th Avenue South
Birrninqham,I 7\)77
Sruety companies executing bonds musl app€ar on thc current Authorized Insurance List in the State of
\Vashington per Section 1-02.7 of the Standard Specifications.
Cily o-f Port Orchard and Fieldl'ur.f LlSA Inc
Public lYorks Project No. PI[/2A2 1-009
Small l|/orks (lontract No. C042-21
Page l-5 ol23
F'cv 11231202tt
ACKNOWLE,DGTIMBNT
Corporation, Partnership, or Individual
?eavSif,KH OF-
on this -l&,,of Aon-L 20 2),before rne. the unders
State of Washington,a@Iomm is s ioned and swo rn, pers on al ly app eared
me known to bt; the (check one of the lbllowing boxes)
K.corporation,
of
pnrtnership,
individual,
that executecl th€foregoirrg instrument to be the ftee and voluntary act and deed
partnership. fl indiviclual for the uses and purposes therein mentioned, and on
she was authorized to execute said instrument.
of saitl fficorporation. n
oath statid that m he I-
the day and year first above utitten.
Con =+ance Vacltct\.f
)ssCJUflG€ILF+T{'{F
in and the
of the
the
n
MTNESS my hand and offrcial seal hersto affrxed
COI'!STANCE
VACHON
#146 4.57
Notary seal rvlth Ink Stamp
City 67po,, Orchard and FieldT'uf LlSA Inc.
Public Works Project No. PIf/2021-009
Small Works Contract No. C042-2I
Itint or type name
NOTARY PUBT,IC,
in and for the State of Washington
Itesiding at
IVy Commission expires
IT t67 e
C,crrvn,rrr"r g.gufi,rrtr
€.,\. {Jn& Provr n
c'+ Ca'Ffts
ca % r!l*Wa,
Page 16 oi 23
Iiiev 1/23/2020
SURETY ACKNOWLEDGEMT]NT
STATE OF ALABAMA )
)ss
COTTNTY OF IEFFERSON
*Alabama
On this l6rh _ day u1__ epd 20 2t ,before me. the unclersigned, a Notary Public in and
for thc State ol'*\trtrashington, duly commissioned and sworn, personally appeared-p{r91v1-Wilson ,
to me known to be the Attornev-in-Fact of Westchester Ijire (lornoanv ,lhe
colporation that executecl the going instrurnent, .rnd acknowledged the said instruInent to tre the fi'ee
and act and deed of said corpolatiorq for the uses and pulposes therein mentionecl. and on oadr
he I she was authorized to execute said instrument.
\IIITNESS my hand anrl ofhcial seal hereto affixecl the day and year first atrove written.
statecl that
: (t,
r l{
llil
Notary Seal wlth Ink St.Bnrp
Ci4, ol pon ()rchard end Fieldl'u( L/S'4 htc
Public Works Prolect No. Pyt/202 l-009
Small ll/orks Contract No. C012-21
Print or type name
NO'TARY PLIBLIC,
in and lbr the State of Alabama
Residing at:22ll 7th Avenue Sor"rth,Birnrineham, AL,35233
M)'Commission cxpircs October 3,2023
Page 17 o1 23
P;ev 712312020
I(now All by These presents, rhat wEsTcHEslER FIRE INSURANCE COMPAI,IY and ACE AMERICAN INSLJRANCE COMPANY corpoi'atiotls ol tlrc conrnronwealth of'
I)ennsylvanii, clo each heretry consrirure anrl appoint Anna Childress, Mark W. Edwards ll, Alisa B. Ferris, Robert R' Freel, Richard H. Mitchell,
Willijm M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels
of Pensacola, Florida and Robert M. Verdin of Metairie, Louisiana
i." {"i t.-.i f.;:"{ i:-:i
Power of Attorney
\ryestchester ltire hrsurancer (irnrpanv I ACl,iAmelican lnsut?llce(l()lllp;rny
corporate seals on this 7} day ol'May,2ol9.
f,)tru-:r- Tn. 0ltlCItusf A'tr e k4.='
l )i il,'.'r1 \1. { lhlt fi h.,\\lslilll t S.l l ttill }
0)
(2)
(3)
0)
St{-l)hol U llltni:1. \ ii.i-' l}tt-:'tiltnl
,ffi ffi. i'p
STATN OF NEW.JERSEY
county ol't'lunferdon ss
by authoriry ofsaid Companies and in deponent's presence.
Notarial Seal ROS€ CunTls
IOTANY PUBTIC OF tl[lT' JIHY
l{o. S0072400
oodFlraon 60|6 ltMr*n ?2, 2m2
CERTIFICATION
l:rt1 lJttltlu
2009:
entcred into in the ordinary course ofbusiness (cach a "writtcn Comnritment ):
seal ofthe Company or otherwise.
writtcn Conlmilments.
' facsirnile rrn such written Conrmitnrerrt or writicn appointnrent or delegation.
(i) the foregoing llesolutions acl(4rted by the Uoard of Directors ol'the Companies are true, correct and in full force and ell'cct,
(ii) the forcgoing Porver ofAttorney is true, correct and in tirll force and etiect.
Giverrundermyhandandsealsofsaid(bmpaniesatWhitehousestation,NJ,this Apfil 16,2021
fluut
Curuu\n. ghlfi^tr
[]it]'t] \l {;hInir'..\rstrurnt Srr tr-lrr"
WFIC' AAIC (rev. 0818)
ffi'.tr;ib
tN 1'ltE ltvFtN't Yot I wtstl IE I NI IENT]CITY OF TIIIS BOND OR NO'I'IIIY US 01' ANY OTI IT'R I\'IATTNR. I'I,DASI (]ON'I'A(J'T TIS AT:
903,
RELEASE OF RETAINAGE BOND
Bond No. K40314787
KNOW ALL PERSONS BY THESE PRESENTS, That we,Fieldturf USA, lnc.
herein refened to as the Principal, and Westchester Fire lnsurance Companv , as Surety,
are held and firmly bound unto Citv of Port Orchard, Washinqton , herein referred to as Obligee
in the penal sum of
($ r,soa.se
One Thousand Three Hundred Sixtv Eioht Dollars and 33/1 00
), for the payment of which we bind ourselves, our legal representatives,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into
March, 2021 for the construction of
a construction contract with Obligee dated the 23rd
Vgrn Zee Tennis Court Resurfacinq, Construction Contract
No. C0+2-21, Public Works Proiect No, PW2021-009, 300 Tremont St., Port Orchard, WA 98366 ,
hereinafter referred to as property, which contract is by reference made a part hereof. Principal,
as contractor, and Obligee agree to release of retainage bond in lieu of retainage as specified in
contract with Obligee guaranteeing the satisfactory performance of said contract in accordance
with terms therein.
NOW, THEREFORE, the condition of this obligation is such that, the if the above bounden
Principal shall make repayment or pay claims to all persons who shall have done or performed
any work or labor upon and/or shall have furnished material or fixtures in connection with the
mechanical subcontract work completed by Fieldturf USA, lnc. ,
on the aforesaid property and shall effect cancellation of any and all insuiptions of which may
be filed eis a result of the mechanical subcontract work contpleted by Fieldturf USA, lnc.
, and any and all costs and attorney's fees in connection therewith, otherwise to
be in full force and effect.
In no event shall the penal sum ofthis bond exceed One Thousan Hundred S Ei
Dollars and 33/100 ($1,368.33 )
The amount of this bond shall be reduced by and to the extent of any payment or payments made
in good faith hereunder.
SIGNED, SEALED and DATED this 16th - day of 2021
lnc
By:
Lu)e&d ,L Ft>
Westch Fire lnsurance Company
By:
Jeffrey M. Wilson Attorney-Fact
! I { I i i _j. " ic j{".]r"..;
Power of Attomey
Westchester l.'ire Insurance Company I r\CE Anrcrican lnsrtmnc't (lomp;lry
Know AII by These presents. rhar WESTCHESTER FIRE INSUMNCE COMPAI.IY and ACE AMERICAN INSURANCB COMPANY corporations ol the Contnonwealth of
pennsylvanii, do each hereSy consrirute and appoint Anna Childress, Mark W. Edwards ll, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell,
Willijm M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels
of Pensacola, Florida and Robert M. Verdin of Metairie, Louisiana
instruments amending or altering the sarne, and consents to the modification or alteration of any instnnrlcnt referred to in said bontls ot' obligations
In Witness Whereof, WESTCHESTER FtRE TNSURANCE COMpANy and ACE AMERTCAN tNSURANcE COMPANY have each cxecuted arrcl attes(ed tlrcse pr esents and allixed their
corporate seals on this 7h day ofMay, 2019.
fttru-rr- Yfi. 8itl*l -sf "/'tu ou kl.--
I t: rv. tt \l t lh k rrr :r. .\:i.itstiilt I s4.r- IUttI!sli.Jrhill U I l:rnrj. \ ir:r-' I'tr,sii['nt
S1'A'ft.;OF NEWJERSEY
County of Hunterdon ss
hy autlrority ofsaid Comprnies and in dcponent's l.)resence.
Notariai Seal BOSE CURT16
TOIANY TUBUC OF ITW JTRS€Y
l&.50012400tmfdroi 0ar6 rro(ffi z. ?0??frrL (,t.,fr,
\1)tirll I'tll\lrr
CERTIFICATION
2009:
en(cred into in the ordiDrrJ,course ofblrsiness (each a "Writtcn Commitment )i
seal ol the Contpany orothcrwise.
Writtcn (l0mmitmcnls.
fa$imilc r)n such Written Conrnritmcnt or lvritlen appointment or delcgation.
(i) the lbregoing Resolutions adopted by the Board ofDirectors ofthe Conrparries ate true, corlect antl in lirll fbrcc ilnd ellect,
(iD the foregoing Power of Attorney is true, con'ect and in lull force and efl'ect.
Given under nry hantl and seals of said Conrpanies at \ryhitehouse Station. NL this Apf il 16, 2021
fturr:r'-\n, 0!umls(
llrv;n \l t lhLl't,.,\}srs{rilrt \(\.1(,{:rl\
VVFIC- AAIC (rev. 08- 18)
'ffi€I:i
IN 1I lE IIVENT YOU \\ ISI I 1'O \/ERIFY TI lll AUll lENllCnY OI|II lls BOND OR NO IIFY LIS] Or ANY ()Tl IER M/\Tl [R, Pl,rASU (]ON'I)\C l' tlS A'l:
90:I 3(i5f;e-nrail:
CITY OF PORT ORCHART)
lW.\I NTENANC BAMARRA, NI'Y BO ND
(Note BetbrethePerlbrnranceBondcanbcleleasedtheCityntustttceivofhotwoyearsMaintenanceM'armntyBond)
PROJECI'#,PERMII'#PW2021-r)09
CONI'RAC'I'#
SI]RETYBOND #
DATEPOSTED:
c.042-21
K4031477s
April 16,2021
E)(PIRA'IIONDATE: Septernbe r 3.2023
RE: Project Natne Yan Zee Tennis Cout Resurfacing
C)r,vner/f)e ve lop erlCo ntractor :City of Port Orchard, Washington
Pro.lect Address ' 300 Tremont St,Porl Orchard. WA 98366
KNOW ALL PERSONS BY THESE PRESENT'S: 'f'[rat we, FieldturltlSA, Inc. (heleinafter'
called the "Ptincipal"), ilfld wesrchester Fire Insurance CompanL , a cotporation organized rtncler the laws ofthe State
of Pcn nsvlvania and authorized to ttansact surety business in the State of Washington
(hereinafter called the "
srnn of Five Thousand
Surety"), are held and finrrly lrouncl unto the City of Port Orchalcl. Washington. in the
Ffi rndred Seventv-Three Dol lars nd ?1/ l 00 dollars ($1H332-) 20o/o
Total Contract Amount, lawful money ofthe Unitsd States of Amedca, fbl'the payment of which sum we
each ofus bind ourselves, our heirs, executors, administrators, successors and assigns. jointlv and severallY
and
,by
these presents. l.Fill CONDI'IIONS of the above obligation are such that:
W:HEREAS, the above-named Ilincipal has conslructed and installed certain improvements on publio
propeily in connection with a project as clescribed abor,e within the City of Porl Chchard; ancl
WHEREAS, the Principal is required to post a bond for the twonty-four (24) months following written
and t-rnal acceptance ofthe pr<lject in order to provide security for the otrligation of the If incipal to rqrair and/or
replace said irnprovements against defects in workmanslrip, materials or installation during the twenty-four
(24) rnonths after written and linal approvaVacceptance of the sarne by the City;
NOW. THEREFORE. this \{aintenance Bond has been secured and is hereby submitted to the Citt'
It is uncletstood and agreed that this obligation shall continue in effecl until released in writing by the City, but
only after the tlincipal has petformed and satisfied the following conditions:
A. '[he work or imlroveinents installed bv the Rincipal and subject to the tqms and conditions of this
Bond are as follows: (inserf complete description of work here)
YanZee Tennis Court . Construction Contract No. C042-2t, Public Works Proiect No. PW202l-009,
300 Tremont St.Port C)rchard, WA 98366
B. The R'incipal and Surety agree that the wolk and implovernenttr installecl in the atrove-l'eferenced
project shall rernain fiee fiom defects in material, workrnanship and installation (or, in the case of lancl,scaping,
shall survive,) for a period of twenty-four (24) montls aftef written and final acceptance-of the same and
altprorral by lhe City. Maintenance is delined as acts canied oul to prevent a decline. llpse or i:essation of the
state of tht; project or improvements as accepted by the City during the twenty-fbw (24) month period after'
final and writtcn acccptance, and inclucles, but is not limited to. repafu' ot t'cplaccmurt of defbctivc
workmanship. materials or installations.
Cily o.f Poft Orchard and Fieldl'urf LlSA Inc'.
Public lVorks Prolect No. PII/2021-009
Small Work"s Contract No. C042-2 I Rev 7 2312020
Page 18 ol'23
C. The Principal shall, at its sole cost and expense, carefully replace and/or lepail any damage or defects
in wotknanship, materials or installation to flre City-owned real property on which improvemenfs have been
installed, and leave tlre saue in as good condition as it was before conrmencenrent of the work.
D. The Principal and tlre Surety agree that in tlie event any of the improvements or restomtion work
installed or completed by the Principal as descdbed herein, fail to remain free frorn defects in materials,
workmanship or installatiori (or in the case of landscaping, fail to sulive), for a period of tw-entv-four' (24)
months from tlre date of approvaVacceptance of the work by the City, tlre Principal shall repair andAeplace the
same withinten (10) days of demand by the City, and ifthe Principal should fail to do so, then the Surety shall:
Within t'wenty (20) days of demand of the City, rnake wdtten commitment to tlre Ciiy that it
will either:
a)- remedy the default itself with rcasonable diligence pwsuant to a time schedule
acceptable to the City; or
b),tender to the City within an additional ten (10) days the amount necessaly, as
detennined 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 flris bond. If the Surety elects to fulfill its obligation
pulsuant to the rcquirements of subsection D(l)O), the City shall notify the Surety of the
actual cost of the remedy, upon completion of tlre remedy. The City shall retunr" 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.
a 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 riglrt at the City's
sole election to enter onto said property described above for the pupose of repairing or
rnaintainingthe imprcvements. This provision shall not be consfued as creating an obligation
on the palt of the City or its representatives to repair or maintain such improvements.
E.Corections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and conrpleted within thifiy (30) days of tlre date of notification. If the work
is not perfonned in a timely manrrer, the City shall have the righl without recourse to legal actiorl to
take such action under this bond as described in Section D above.
Extensions and Changes. No change, extension of time, alteration or addition to the work to be
pelformed by the hincipal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such afteration, addition, extension or change. The Surety
waives notice of any such change, exteruion, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between tlre parties that in the event any legal action
must be taken to enforce tJre provisions of *ris bond or to collect said bond, the prevailing parry shall
be entitled to collect its costs and reasonable attorney fees as a part ofthe reasonable costs ofsecuring
the obligation hereunder. In the event of settlement or rcsolution of these issues prior to the filing of
arry sui! the actual costs incun:ed by the City, including reasonable attorney fees, shall be considered
a part ofthe obligation hereunder seculed. Said costs and reasonable legal fees shall be recoverable
by the prevailing par1y, not only from lhe proceeds of t}is bond, but also over and above said bond as
a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
City o/Port Orchard and FieldTuf USA Inc.
Public Worlrs Proiect No. PlIt2021-009
Snall llorks Contract No. C042-21 Fiev 712312020
Page 19 of23
F
ilgrce,s that this bond shall be governed by the larvs of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Supeiior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the otrligations secured hereby
have been fully performe<l and until released in writing by dre City at the request of the Srurty or
Principal.
DATED this l6th day of April , 2i')zt
SIIRETY COMPANY
(Signature must notarizul)
M.
Ilv:
(Signature must be
Itv
Business Acldress
CiSlStatelZJp Code:
T'elephone Number:
f)ate:
Its Atto Its
BUSineSS Na,rne: Westchester Fire Insurance Company BUSineSS Name A€JctI(,la€ (osq\nc-'
Rusirress Address: 436 Walnut St., P.O. Box 1000
C.itylSr'/,telZip (sds. Philadelphia, PA 19106
'Ielephone Number: 215-640-1000
CITY OF R]RT ORCHARD
Ry:
Its ltrblic Works Director/City Engineer
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CHECK F'OR ATTACHED NOTARY SIGNA'TIIRE
Individual (Form P-1)
Corporation (Form F-2)
X _ Surety Company (Form P-2)
City of Port Orchard and Fieldl'u(LlSA Inc
Public Works Project No. PW/202I-009
Small Work,s (|ontract No. C042-21
Page 2t) ol23
Ptev 7l23l2t)20
F'ORMP-li NOTARY BLOCK
(Jse For Individual/Sole Proprietor Only)
STATEOF WASHINGTON
COTINTY OF KITSAP
ss.
)
I certiSr that I know or have satisfactory evidence ttrat is the pemon who
appeared before me, and said person acknowledged that (heAhe) signed this instument, and acknowledged it
to be (hisArer) free arid voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PIIBLIC in and for the
State of Washington, residing
at:My Commission expires:
City of Port A'chard and FieldTuf USA Inc.
Public frlorks Pt'oject No. PW2021-009
Small Worlu Conlract No. CA42-21
Page?l of23
Ftev 7/2312020
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
efq t,\A^D'ro|lta0€otf,{T?oF
I certify that I know or have satisfactory evidence that the who
of[€,and said acknowledged as the
(he/she) signed this on oath stated that (he/she) was
authorized to execute instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:[b. ]o]4
5
Ocil*s
)
)
)
ss
tul Ac-(9^boBtsat:
N{y Commission expires :
(Surety Company)
STATE OF AJ,ABAI4A
COUNTYOF JEFFERSON
I certily that I know or have satisfactory evidence that Jeffrey M. Wilson is the person who
appeared before me, and said person acknowledged as the Attorney-in-Fact of
Wggtchqsl_erfl!-e lllqlt1an_qe,Q,Snp4y__ __that (he/she) signed this instumen! on oath stated that (he/she) was
authorized to execute the instrument and aclarowledged it to be (his/her) free and voluntary act fbr the uses and
purposes mentioned in the instnrment,
Dated:ril16,202
)
)
)
ss.
(print ortyrpe name)
City of PottOrchardandl.-ieldTurf USA lnc.
Public ll'orks Project No. PW202l-009
Small lltorks Contract No. C042-21
NOTARY PIIBLIC in and for the
State of Alabama, residing
at: 2211 7th Avenue South, Birmi ham, AL 35233
N4y Commission expires: November 15,2022
CCi\ISTANCE
VACiJON
+t146 457
Page 22 of23
Rev'/123i2020
, - ;r,..3 : I $.*;1 I -t
'-- - { ( 1.- I \."-J r,..,1
Power of Attorney
Westchester Fire lnsurance Courpany I ACI Amedcan lnsut;tnce Conlpal]y
I(now All by These Presents, rhat WES'ICHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPAI{Y corp()l'irtiorrs of the Ctmrmonwealtlt of
pennsylvania, do each herebv constftute and appoint Anna Childress, Mark W. Edwards ll, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell,
William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels
corporate seals on this 7b day ofMay, 2019.
[.)ur:-rl'- Yfi . 0iU ilA-sf
I lrrl. rt \l t lhl rn x. .\ri.;r:Jilt !L\.'l ijl:1r'\StLl\ll(.n \l I l:ilt,j) . \ rri- llli.:l,i!'lt
I/
sTAl'E 0F N0WJIRSIY
County ol Hunterdon ss'
by authority ofsaid Companies and in deponent's presence.
Notarial Seal
-/uu ^ k4"---
nosE cunTrs
loIAfiY flJBUC 0F t{t{, Jt€&?
No. 500?2{00
Codldoar 6ofs [Mi6or a. m {*ot-,/u,fr, ,
\rtrrtl ltultltt
CERTIFICATION
2009:
entere(l into in the ordinary course of husincss (each a 'wriften Commitmcnt ):
scal ofthe Companv orotherwise.
Written Conrmitnrents.
fhqsinrile on such Writtcn Comnritment or writtcn aDl)ointment or delcgatioD.
(D rhe loregoing Resolutiorrs adopted by the Board of Directors ofthe Cornpanies are true, correct and in fu]l lorce and ellec(,(ii) the fbregoing I'ower of/tttorncy is true, con'ect and in full fbrce and effecl.
Given under my hand and scals ol'said Conrpanies at Whitehouse Station. NJ, this Apfil 16 , 2421
o
(2',
(3)
(1)
f,)uru.r__\n. clr-lc,rs
I t:r.,': rr \l ( ihL rlr r. .\srst:rtt t Sr.. t ut:ttl
WFIC- AAIC (rev. 08-18)
ffi€tp
IN TlIU EVDNT YOU WISII TO VURIFY Tl lE AUTI IENTICIl Y OF TI llS Ba,ND OR N0'llFY LIS OF ANY O11IER MAT] llR. Pl-fAsFl (lONT,\CI tJS 11:
Iax 90:t- 165(i
APPENDLXA
During tle performance of this Agreenrent, the Contractor, for itsel{ its assignees, and successots in
interest agrees to comply tvith the following non-disclimination statutes and authorities; includipg but notlimited to:
Pertinent Non-Discrimination Authorities:
a
a
a
a
a
a
a
a
a
a
Title VI of the civil Rights Act of 1964 (42u .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 Unifonn Relocation Assistance and Real Property Acquisifiorr Policies Act of 19i0, (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);
Fedelal-Aid Highway Act of 1973, (23 U.S.C. g 324 et seq.), (prohibits discrimination on the
basis of sex);
Section 504 of the Rehabilitation Act of 197i, (29 U.S.c, g 794 et seq.), as amended, (prohibits
disct'imination on the basis of disability); and 49 C.F.R. part27
The Age Discdmination Act of 1975, as amended, (42 u .s.c. S 6101 et seq.), (prohibits
disclimination on the basis of age);
Airport and Airway Iruprovement Act of 1982, (49 usc$ 4?1, section 4 7123),as amended,
(prohibits discrimination based on race> creed, color, national oligin, 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 l964,The Age Discrimination Act of 1975 arrd
Seotion 504 of the Rehabilitation Act of l973,by expanding the definition of the tenns "prog.ams
or activities" to include all ofthe programs or activities ofthe Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Anericans with Disabilities Act, rvhich prohibit disoirnination on rhe basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. gg 12131-12189) as
implemented by Department of Tlansportation regulations at 49 c.p.R. parts 37 and 3g;
The Federal AviationAdministlation's Non-discrimination stature (49 U.S.C. S 47123) (prohibits
discrimination on the basis of mce, color, national origin, and sex);
Executive Order i 2898, Federal Actions to Address Enviroru::ental .Iustice in Minority
Populalions and Lolv-Income Populations, which ensures discrimination against minority
populations by discouraging prograrns, policies, and activities with disproportionately high and
adverse hunan health or envilonmental effects on minority and low-income populations;
Executive Order 13166, Lnproving Access to Services for Persons with Limited English
Proficiency, and resulting agsncy guidance, national origin discriminalion includes discrimination
because of limited English ploficiency (LEP). To ensure compliance with Title VI, you musttake
reasonable steps to -ensure that LEP persons have meaningful access to your proglams (?0 Fed.
Reg. at 7408'7 to 74100);
Title iX of the Education Amendnents of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
a
a
City of porl A'chard and FieldTtu'f USA Inc.
Puhlic lVorks Project No. PW2A21-009
Small Worlcs Contract No. C042-21
Page23 of23
Frev 7123/2020