081-18 - Julie's Construction Striping, LLC - ContractCIT\'OF PORT ORCTI ARD S}I.{LL \\'ORKS U:\iDER 35K
CONSTRL,CTION CO\TR.TCT NO. COsI-I8
PT'BLIC] \\'ORKS PROJECT NO. 20I8.027
THIS Agreentent is rnade effective as of the 30th day of November, 2018, by and between
ctTY oF PORT ORCHARD. WASIIINGTON ("CITY")
2 l6 Prospcct Strcet
Port Orchard. Washington 9tt366
Contact: Mayor Robert Putaansuu Phonc: 360.876.4407 Fax: 360.895 .9029
and
JULIE',S CONSTRUCTION STRIPING, LLC ("CONTRACTOR")
PO Box 962
Mckcnna, WA q8558
Contact: Julic Millspau-uh Phone: 360.-158.20.10 Email: juliesconstruction(gq.corn
for the tbllowing Project:
2 0 I S Thermopla.stit:,4pp I icat ion ("PROJECT")
The City and Contractor agree as fbllows:
l. Contract Documents. The Contractor shall complete the Work described in the Contract
Documcnts for thc Project. Thc tbllowing documcnts are collectively' rcferred to as thc
"(lontract Docutnents" :
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction,20l8 edition, togcther with APWA Supplement (l-99). subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions. Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
e. Public Works Terms and Conditions:
f. Insurance and Bonding Requirements: and
g. The bid proposal subrnitted by the Contractor, except when inconsistent with Contract
Documents a-f.
Cit.v o/'Port Orchord and Julic'.s Con.strut:tion Striping. I-LC
Puhlic' V['orks Projec't No. PW'20 I 8-027
Small ll'orks Contracl No. C0lt l- l8
Page I oflT
R*' 1,29'll(
The intcnt of thc Contract Documcnts is to include all iterns neccssary for the proper execution
and completion of the Work by the Contractor. These Contract Documents cornplement each
other in dcscribing a complctc work. Any requircmcnt in onc documcnt binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract docs not mention it spccifically.
2. Date of Commencement and Substantial Completion Date. -[hc datc of commencement
shall be Decenrber 5tl'2018. The Cclntractor shall substantially con'rplete the Work not later
than Janutrry lSth 2019. subjcct to adjustmcnt by changc order.
3. Thc Contractor shall do all work and furnish all tools, matcrials, and cquipment in
accordance with the above described Construction Contract Documents. The Contractor shall
providc and bcar the cxpcnsc of all cquiprncnt, work. and labor of any sort whatsoever that
may be requircd tbr the transter of materials and fbr constructing and completing of the work
provided for in thcsc Construction Contract Documcnts, cxccpt thosc itcms mentioned
therein to be turnished by the Cit,"-.
1. Subject to additions and deductions by change order, the construction Contract Sum is the
base bid anrount of $9.9 12.00 including applicablc salcs tax. The construction Contract Sum
shall include all iterns and serv'rces necessary fbr the proper execution and completion of the
work. Thc City hcrcby promiscs and agrccs with thc Contractor to cmploy. and docs cmplt'ry
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documcnts and to complcte and tlnish thc same according to the
plans ancl specifications and the tenns and conditions herein contained; and hereby contracts
to pay for the same at the tinte and in the manner and upon the conditions provided for in this
Contract.
5. The Conrractor agrees to comply wirh all state and federal laws relating to the employnlent of
labor and wage rates to be paid. The Contractor agrces to furnish insurance of the types and
in the antounts set tbnh in the Construction Contract Docunrents.
6. The Contracror agrees to repair and replace all properly of the City and all property of others
damaged by himself. his employees, and sub-contractors,
7. The Clontractor for himself and for his heirs. executors. administrators, successors, and
assigns, does hereby agree to the fullpertbrrnance of all the covenants herein upon the part of
the Contractor.
8. tt is funher providecl that no liability shatl attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
Cit.t'oJ Port Orchard and Julie's Constntction Strip[ng, I-t-(
Puhlic' W'orks P roiec:t No. PLI 20 I 8-027
Small llltrkr Contrac:t ,\o. C08l- 18
Page2oflT
Rcv lt29/18
lN u,ITNESS \\ IIERE()F. rhe parties hcrero havL- cuuscd this contract to bc dulv
cxccutcd on thc datc tirst u'rittcn tbovc.
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CERTIFIC,{TE AS TO CORPORATE PRINCIPAL
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Title)of the corporation named as the Contractor in the Agreement attac
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(I(tr Sn . ((-ontrac't Signer) who signed said Agreemcnt on behalf
of the Contractor. was then fruVfn{cf rr-(Corporate Title) of said
corporation; that said Agrccmcnt was duly signed for and in bchalf of said corporation by
authority ol'its governing body. and is within the scope of its corporate powers.
Corporate Seal
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Cinn oJ'Port Orchard and Julie',s Construction Stripirtg, il.C
Pu hlic' ll/orks Projec't tio. P lV 20 l 6-02 7
Small Works Contracl No. C08l- l8
Page -l of l7
No blic (Print)
My cornmission expires 9-t 2
Rcv l;29, l8
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CITY OF PORT ORCHARD
PUBI,IC \\'ORK PROJECI' TER}IS .{ND CONDITIONS
Thc following tcnns and conditions shall bc uscd in conjunction with thc Standard Spccifications
for Road, Bridge and Municipal Construction. 2018 edition, together rvith the APWA
Supplcment (Scction l-99). as issucd by the Washington Statc Dcpartment of Transportation and
Anterican Public Works Association. Washington State Chapter. hereinafter referred to as the
"standard specifications". Thc standard spccifications, c'xcept as they may be modified or
superseded by these provisions. shall govern all phases of u,ork under this Contract, and they are
by refcrence madc an intcgral part of thesc spccifications and Contract as if hercin fully set forth.
Whcn thc provisions of the standard specification conflict rvith thc tcrms and conditions as
contained herein. the ternrs and conditions shall prevail.
l. BID PRICE: The bid price(s) shall include all necessary perrnits, l'ees and items of labor,,
ntatcrial, equipmcnt. tools. ovcrhcad and cornpcnsation. supplics. taxcs. utilities and other
incidentals necessary to complete the work in a tully tunctional and operational state. All prices
including bid prices arc in US funds.
2. DEFINITIONS: The tenn "City" means Pon Orchard, Washington, "successfirl bidder" means
thc apparent lou'est and best responsiblc biddcr to whom an award is madc. and "Contractor"
means the successful bidder who has satisfled the requirements fbr the award and who receives a
contract cxccutcd by the City. "Biddcr" mL-ans thc person. firm or corporation that has madc an
otl'er in response to the invitation to bid. "Work" means the construction and services required by
thc Contract Documcnts, whcthcr complcted or partially completed. and includes all other labor,
materials. equipment and services provided or to be provided by the Contractor to fulfill the
Contractor' s obli gations.
3. LICENSING ,AND REGISTRATION: The Contractor must have a Washington State
certificate of registration per chaptcr 18.27 RCW: a current state unified business identifier
number; and if applicable. industrial insurance coverage for the bidder's employees working in
Washington. an Employment Securitl, Department number. and a statc excise tax registration
nunrber. In addition. the bidder must not be disqualified from bidding on any public works
contracts under RCW 39.06.010 or 39. 12.065(3 ).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements. particularly, the
paynent of prevailing wages and tiinge beneflts. payment and pertbrrnance bonds and sales tar
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classit'ication(s) are identified and that the applicable'wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The
C.ontractor shall complete and file State of Washington, Department of Labor & Industries,
Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall
fanriliarize itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms
5. INSURANCE REQUIREMENT: The successtirl bidder will furnish insurance as stipulated in
the Attachmcnt entitled "lnsurance Requirements."
6. RECEIPT OF ADDENDA: All oftlcial clant'ications or interpretations of the bid documents
rvill be bv written addenda only.
Cit.r'ry' Port Orchurd und Julia'.s Con.strut'tion Sniping, I.LC
Pultlll' ll rtrks Prutjet't,\io. P Il'20 I 8-0: 7
Smull tlitrks Contruc't)io. C\til-lll Rcr' ll?gtltl
Pagc -5 ot- l7
7 . PROJECT COMPLIANCE: In compliance with the request fbr quotation. Bidder hereby
proposcs to pcrtbrm all work for this project in strict accordancc'rvith the Contract Documents, at
the Contract Sum. and within the time set forth herein with the understanding that time is of the
csscnce in thc performancc of this Contract.
8. TAXES: Proposals shall irrclude all applicable taxes except sales tax which is a separate bid
item. It shall bc the Bidder's responsibility to fumish Fcdcral Excise Tax Exemption Cenificate,
rvhen applicable.
9. ERROR IN EXTENSION: Unit pricc, u,hcn used, shall govern in casc of cxtcnsion crror.
10. PERMITS AND FEES: The Contractor shall furnish all perrnits. inspection fees, and fees
rcquircd in thc pcrfbrmancc of this Contract, including those charged under RCW 39.1'2.070 by
the Deparrmenr of Labor and Industries fbr the approval of statements of intent to pay prevailing
rvages ancl thc certification of aftldavits of wagcs paid, ctc. The Dcpartmcnt may also charge fccs
ro persons or organizations requesting the arbitration of disputes under RCW 39.12.060' The
Contractor is rcsponsiblc for all fccs rcsulting front thcsc statutcs.
I l. CONTRACT: The Contract. whcn propcrly signed, will be the only tbrm that rvill be
rccognized by thc City as an award. The cxccutcd Contract supersedes all prcvious
conltnunications and negotiations. except as retbrenced herein, and constitutes the entire
agrccmcnt betw,ccn thc City and Contractor (parties), cxccpt as providcd hcrein. The Contractor
shall not make any changes, alterations. or variations in the terms of the Contract without the
rvrirren conscnr of thc City. No tcrms statcd by thc Biddcr in its proposal shall bc binding on the
City unless accepred in writing by the City. The successtul bidder may not assign the Contract
rcsulting from this inl'itation to bid without thc City's prior writtcn conscnt. No waiver by thc
Clity of a breach of any provision of the tenns and conditions outlined in the invitation to bid
shall constitutc a waivcr of anv othcr breach of such provision or of anv othcr provisions.
lZ. C'HANGE ORDERS: tf the City orthe Contractor requests a change in the Work, oreither
pany belicves that a changc is necessary. then rhc parties shall comply with the following
procedure to document and retlect a change in the Work: (a) The party requesting the change
shall write a description of thc. change and give the dcscription to the other party (the "Change
Notice"): (b) Befbre proceeding u'ith the change in Work. unless othenvise excused by
emergenc,v, the Contractor shall provide the City rvith a fixed-price written estimate of the cost
antj timc impact of the change in Work: and (c) The Crty and the Contractor shall execute a
Change Order confirming their agreement as to the change in Work. the fixed-price cost, and the
errension of the Substantial Complction Date, if any. If the change in Work cannot be
performed on a fixed-pricc basis. the Change Order shall identify the agreed method of
compensatton.
13. CHANGE DIRECTIVES: A "C)hange Directive" is a written order signed by the City,
directing a change in the Work prior to agreenrent on adjustment, if any, in the Contract Sum or
Substantial Cornpletign Dare, or both. The City rnay by Change Directive. without invalidating
the Contract. order changes in the Work within the generat scope of the Contract consisting of
additions, deletions or ottrer revisions. the Contract Sunt and Substantial C--ompletion Date being
adjusted accorclingly.A Change Direcrive shall only be used in the absence of total agreement on
t5c' terms of a Change Orcler. Upon receipt of a Change Directive. the Contractor shall promptly
proceed with the change in the Work and aclvrse the City of rts agreement or disagreement with
i1.," p.,rposed nrethod for determining the proposed adjustment in the Contract Sum and'or
Substantial Completion Date. if any, provided in the Change Directive. A Change Directive
signetl by the Cclnrractor indicates agreement rvith all tcntrs set forth in the Change Directive.
Cin ol Port Orchard and Julie's Consnuction Stripirtg, I-LC
Puhlit' Llorl+s Proiec't No. Pl* 20 I u-027
Small Works Contract No. C08l-18
Page6oflT
R*' | '29,,1ti
Such agreement shall be elfective immediately and shall be recorded as soon as practical with a
Change Order. If thc partics are unable to agrce on an adjustrncnt to the Contract Sum and,'or
Substantial Completion Date. if any. then either party may submit the matter for determination in
accordancc with Section 2l .
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of thc
Suhstantial Cornpletion Date and not inconsistent with the Contract documents. The Contractor
shall prornptly carry out such rvrittcn rlrdcrs for minor changcs in thc Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliancc with all applicablc local. state or fcderal lau,s and rcgulations and agrecs to
indernnify and def'end the City against any loss. cost, liability or damage. including reasonable
attorney's fces, by rcason of succcssful biddcr's violation of this paragraph.
16. INDEMNIFICATION: All sen,ices to be rendered or performed under this Contract will be
rcndercd or pcrformcd cntirely at the Contractor's otvn risk. Thc Contractor shall dcf,.^nd,
indernnity and hold the City. its oftlcers. oft-rcials, employees and volunteers hannless from any
and all clairns, injurics. damagcs. losscs or suits including attorney [ccs, arising out of or in
connection with the pertbrrnance ot'this Contract, except fbr injuries and darnages caused by the
solc ncgligencc of thc City. Should a court of cornpctcnt jurisdiction dcterminc that this Contract
is subject to RCW 4.?1.1 15. then, in the event of liability fbr damages arising out of bodily
injur_v to persons or damagcs to propcrt-v causcd by or rcsulting from thc concurrcnt negligencc
of the Contractor and the City. its of t-rcers. ol'llcials. enrployees and volunteers, the Contractor's
liabilit.v hcrcundcr shall bc only to thc cxtent of thr-'Contractor's ncgligcncc. It is furthcr
specifically and expressly understood that the indelnnification provided herein constitutes the
Contractor's rvaivcr of irnrnunity undcr Industrial Insurancc, Titlc 5l RC'W, solcly for thc
purposes of this indemnitication. This waiver has been mutually negotiated by the parties. The
provisions of this section shall sun'ive tlre expiration or termination of this Contract.
17. TL.-RIVIINATION: This Contract may be terminated in whole or in pan, r,r'ithout penalty.
under the follou,ing conditions: l)by mutual w'ritten agrcement: 21by 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 Cit;-. require the Contractor to assume liability for any ancl all
damages. including the excess of re-procuring similar products or services; 3) fbr convenience of
the Cit.v: or 4; by the City for non-appropriation of funds.
18. TF.RMINATION RY THE CITY WITHOUT CAUSF.: Nofwithstanding any other provisions
containetJ herein. the Cit-v-. rvithout cause. may terrninate the Contract betrveen the parties by
providing nt'rtice to the Contractor. Upon termination under this section: l) All remaining
obligations of the panies are dischargcd. but any right based upon breach or perforrnance
occurring prior to termination survives: 2) If the reasonable costs of pertbrmance 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 anrount of such excess; 3) If the
amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of
performance incurred by the Contractor prior to termination, the Contractor shall reinrburse the
City in the arnount of such excess. and 4) Any funds obtained or retained by the Contractor as
provided in subsections 2) or 3). above, shall constirute full paynent and consideration tbr the
scn'ices pertbnled by thc Contractor prior to telrnination.
Citt,tsf'Port Orchard and .lulie's Construc'tion Srriping, l,l.C
Public' Works Projec't No. Pll 20 I 8-027
Smull ll'orks L'ontract No. C08l'18
PageToflT
Rev l,'29i l1{
lg. coMpLIANCE WtTI-l TERMS: The City rnay ar any time insist upon strict compliance with
thcsc tenxs and conditions. not withstanding any previous custorn, practicc, or coursc of dealing
to the contrary.
20. pAyMENT: Contractor shatl maintain timc and cxpensc records and provide them to the
City along with monrhly invoices in a format acceptable to the City tbr work performed to the
datc of the invoicc. All invoiccs shall be paid by thc City within 45 days of rcceipt of a propcr
invoice. 1f the services rendered to not meet the requirements of the Contract, Contractor will
correct or nrodify thc work to comply with thc Contract. City may rvithhold payment for such
rvork until the rvork meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute bctw'ecn the parties, the partics
agree to resolve rftar dispute in the tbltowing manner: (a) The parties shall attempt in good faith
to rcsolvc any clisputc promprlv through ncgotiation. Either party may give the other party
rvrirren notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
staremcnt of such party;s posirion. Within ten (10) days of thc dclivery of thc Noticc of Disputc,
the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute:
tbl ff the partics Arc unable [o ru-solve thc disputc, thcy may clcct to submit thc dispute to
mediation. The cost of the mediarion shall be borne equally by the parties. The mediator shall be
sclcctcd by thc rnurual agrecrncnt of thc partics; (c) If thc mcdiation does not result in a
sertlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial
Arbitration and Mecliation Scrviccs ("JAMS") in accordancc with thc then operative construction
rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree,
thc arbitraror rvill be selectcd pursuant to thc rules of JAMS. Thc parties shall bc bound by thc
decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington;
providctl, iIJAMS is unablc to conduct thc arbitration in Kitsap County. then the arbitration shall
be held in such location as the parties nlay agree afier consulting with JAMS.
22. WARRANTY: Contractor shall provide a one ( 1) year warranty for the work and
improyements installed by Contractor pursuant to the Contract. subject to the following ternrs
and conditions: Clontractor agrees that the work and irnprovements installed pursuant to the
Contract shall remain free tionr det'ects in material. rvorkmanship and installation (or, in the case
of lapdscaping, shall sun,ive,) fbr a period of twelve (12) months after written and final
acceptance'of ihc same and approval by the City. Maintenance is defined as acts carried out to
prevlnt a clecline. lapse or cessation of the state of the project or inrprovements as accepted by
it.r. Clty during the twelve (12) month period atter final and written acceptance, and includes, but
is not limitcd to, repair or replacement of defective w'orkmanship, materials or installations.
Contractor shall, at its sole cost and expense, carefully replace andior repair any damagc or
defects in workmanship, materials or installation to the C--ity-owned real property on which
improvements have been installed. ancl leave the samc in as good condition as it was before
commencement of the rvork. City and Contractor agrec that in thc event any of the
improt,ements or restoration rvork installed or completed by Contractor pursuant to the Contract
faii to renrain tiee liclm clefects in materials, workmanship or installation (or in the case of
landscaping, fail to survive), tbr a period of fwelve (12) months from tlre date of
approvaliacceptance of the work by the City, Contractor shall repair anclreplace the salne r'vithin
ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall:
Cin of'Port Orchard und Julie'.s Con.struction Sn'ipittg, l't'C
Public' Works Pro.jec:t No' PW20 I 8-02 7
Small lVorks Contrac't ),1o. C08l-18
PageSoflT
Rcr' | 29t18
l. Within fiuenty (20) days of demand of the City. makc written commitment to the
City that ir will either:
a). remedy the default iself with reasonable diligence pursuant to a time schedule
acceptable to the Ciry; or
b)tcndcr to thc C itl' within an additional ten ( l0) days the amount necessary, as
dctcrmincd by'thc Ciry, for the Ciry to remc'dv the default.
ln the event Contractor fails to make repairs or provide maintenance within the time period
requested by the Ciry, then the Ciry. its employees and agents shall have the right at the
City's sole election to enter onto said properly described above tbr the purpose of repainng
or maintaining the improvements. This provision shall not be construed as creating an
obligation on the. part of thc Cir_v or irs represcntatives to repair or maintain such
lmpro\'cnlr-nLs.
Any corrections required by thc City shall bc commenced rvithin ten (10) days of notitication by the Ciry and
completed within thirt-v (30) days of the date of notitlcation. If the work is not performed in a timely'nlanner,
the Ciry shall have the right, u,ithout recourse to legal action. to uke such action as described above. No
changc. cxtension of time, altcration or addition to thc work to bc pcrformcd by Contractor shall aft'cct the
obligations of Contractor undcr this rvarranr)'. In addition. C'ontractor shall pcrtbmr a walk-through with Citl''
rcprL.scnrativc(s) onc (l) ycar aftcr t-rnal acccptancc of thc projcct to dctcnrrinc if any repairs or nlaintenancc
tbr detbctive workmanship, materials. or installations is required. If so. such repairs and maintenance will be
undertaken by Contractor pursuant to the tinreline and procedures described above.
Citv oJ'Port Orchard and Julie's Con.ttruction Stiping, LLC
Public' lVorl+s Proiec't No. PW20l8-027
Small Works Contrac't No. C08l'18
Page9oflT
')
Rcv I t?9;18
CITY OF PORT ORCHARD
INSURANCE REQUIR EM I:NTS
Thc Contractor shall procure and maintain tbr thc duration of thc Contract with the City,
insurance against claims tbr injuries to persons or damage to property which may arise from or in
connection with thc performancc of the work hereunder by thc Contractor. their agents,
rcpresentatives, ernployees and subcontractors.
No Limitation. The Contractor's nlaintenance of insurance. its scope of coverage and limits as
rcquired herein shall not bc construed to limit thc liability of thc Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in cquity.
Minirnum Scopc of Insurance.Thc Clontractor shall obtain insurancc of thc typcs describcd
below:
,lutontobile Liubiliq, insurance covering all ou'ned, non-owned, hired and leased
vchicles. Coverage shall be written on Insurance Sen'ices Office (lSO) tbrm CA 00 0l
or a substitutc fbrm providing cquivalcnt liability coverage, If ncccssary, thc policy shall
be endorsed to provide contractual liability coverage.
Commerc'iul General Lictbili/r,insurance shall be written on ISO occurrence form CG 00
0l and shatl cover tiability arising fiom premises. operations, stop gap liability,
independent contractors. products-completed operations, personal injury and advenising
injury and liability assumed under an insured conl.ract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 I I 85 or an cquivalent endorsement. There shall be no endorsement
or moditlcarion of the Commercial General Liability Insurance for liabiliry arising from
explosion. collapse or underground property damage. The City shall be named by
endorsenrent as an additional insured under the Contractor's Commercial General
Liability irrsurance policy with respcct to the 'nvork performed tbr the City using ISO
Additional Insured endorsement CG or substifute endorsements providing equivalent
coverage.
Il'orker.s' Compcnsation coverage as requrred by the [ndustrial lnsurance laws of the
Statc of Washington.
Builder.s Risk insurance covering interests ol'the City. the Contractor. Subcontractors, and
Sub-subcontractors in thc work. Buildcrs Risk insttrance shall bc on an all-risk policy
fonn and shall insure against the perils of fire and extended coverage and physical loss or
damagc including flood. carthquakc, thcft. vandalism, malicious mischicf'. collapsc.
temporary buildings and debris renroval. Thc tsuilders Risk insurance covering the work
will havc a dc<luctiblc of S5,000 for cach occurrcncc, which will bc the rcsponsibility of
the Contractor. Higher deductibles tbr flood and earthquake perils may be accepted by
thc City upon writtcn rcqucst b.v thc Contractor and written acceptancc by thc City. Any
ipcreased deductibles accepted by the C'ity rvill renrain the responsibility of the
Citv ol'Port Orc'hard and Julie's Con.strut'tion Striping, t-l-C
Public' LVorlcs Projec't No. PlY20l8-027
Small Works Contract,\o. C08l-18
Page l0 oi l7
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a
Rcv lr29,lt{
Contractor. The Builders Risk insurance shall be maintained until final acceptance of tlre
work by thc City.
Emplover's Liabiliry insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee S1,000,000 and Employer's Liability Disease - Policy limit
$ 1,000.000,
Minimum Amounts of lnsurancc. The Contractor shall maintain the following insurance limits:
,lutomobile Liabiliru insurance rvith a minimum combined single limit for bodily rnjury
and propcrty damagc of S I ,000.000 per accident.
L-ommercial General Liahilitv insurance shall be written rvith limits no less than
S I .000.000 cach occrlrcncc, 52,000,000 gcnc-ral aggrcgate and a $2,000,000 products-
conrpleted operations aggregate limit.
o Buildcrs Ris* insurance shall be written in the amount of the conrpleted value of the
project with no coinsurance provisions.
Othcr Insurance Provisit-lns. Thc Contractor's Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as respects the City. Any insurance. self-insurance or insurance pool
coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it. If any coverage is written on a "claims made" basis. then a minimum of three
(3) year extended reporting period shall be included rvith the claims rnade policy. and proof of
this extended reporting period provided by the City.
Con 's Insurance for Other Losses.The Contractor shall assunte tull responsibilit-v for all
foss or damage fronr any cause whatsoever to any tools. including but not limited to the
Contractor's entployee-owned tools. rnachinery. equiprnent or tnotor vehicles owned Or rented
by the Contractor. or thc Contractor's agents. suppliers or contractors as well as any temporary
structures, scaffolding and protcctive ttnces.
Waiver of Subrosation. The Clontractor waives all ri ghts against the City. any of its
Subcontractors. Sub-subcontractors. agents and employees. fbr damages caused by fire or other
perils to tlre extcnt covered by tsuilders Risk insurance or other property insurance obtained
pursgant to this Insurance Requirernents Section of thc- Contract or othcr propeny insurance
applicable to the u,ork. The Contractor's insurance shall be endorsed to waive the right of
subrogation against thc City, or anv sclf-insurancc, or insurancc pool covcragc maintained by the
C.it-v.-. Thc City will not w'aiv'e its right to subrogation against the Contractor. The Contractor's
insurancc shall bc cndorscd acknowlcdging that thc City will not rvaivc its right to subrogation.
,{cccrrtabilit v of Insttrcrs. lnsurancc is to bc placcd with insurcrs with a currcnt A.M. Best rating
of not lcss than A:VII
a
O
o
Cin, o./'Port Orchard und Julie'.s Con.strut'tion Striping, I-LC
Puhlit' Worlcs P roi ec't No. P W20 I 8-02 7
Smull lVork C'ontruct No. C08l-18
PagelloflT
Rev I ,29,18
Verification of Coverase. The Contractor shall funtish the Ci ty with original certit-rcates and a
copy of thc amcndatory cndorsclncnts, including but not ncccssarily limited to thc additional
insured endorsement. evidencing the Automobile Liability and Commercial General Liability
insurancc of the Contractor bctbrc commcnccment of thc work. Bcforc any exposurc to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicablc conditions. cxclusions. dcflnitions, tenns and cndorscments rclated to this
project.
Subcontractors. The Contractor shall ha','e sole responsibility for determining the insurance
coveragc and limits rcquircd, if any, to bc obtaincd by subcontractors. rvhich detcrmination shall
be rnade in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
rvork with writtcn noticc of any policy canccllation, r,vithin two business days of their reccipt of
such notice.
Failure to Maintain lnsurance. The insurance re quired by this Section will not be canceled.
matcrially changcd or altcred rvithout fbrty-fivc (45)days prior writtcn noticc submitted to thc
City. Failure on the part of thc Contractor to maintain insurance as required shall constitute a
nraterial brcach of contract. upon w,hich thc City mfl!, aftcr giving fivc business days' noticc to
the Contractor to correct the breach, irnmediately ternrinate the Contract. or, at its discretion,
procure or rcncw such insurancc and pay any and all prcrniums in conncction thcrcwith, with any
sums so expended to be repaid to the City on demand. or at the sole discretion of the City, oftbet
against funds duc thc Contractor from thc City.
City oJ'Port Orcharl and Julia'.; Construc'tion Striping, I-LC
Puhlit' ll'ork Projec't i\io. PlY20 I 8-0:7
Small Works Contra('t .tio. O08l - l8
Pagc l2 <tf 17
Rcv I 29:1 8
CITY OF PORT ORCHARD
DECI,ARAT ON OF OPT O}i FOR PERFORNIA)ICE
BOND OR ADDITIONAL RETAINAGE
()
lVote; This ./brm must he suhmitted at the time the Contrac'tor exec'ule.s the Contract. The
Contrac'tor shall designate the optirtrt desired hy checking the appropriate spac'e.
Thc Contractor clccts to
( I ) Furnish a pcrfonnancc bond in thc amount of thc total contract sum.
An executed perforrnance bond on the required form ts included with the executed
contract documcnts.
(2) Havc thc City retain. in licu of thc pcrformance and payment bonds.
ten percent ( l0%) of the total contract amount tbr ir peri od of thirty days atter date
of final acccptancc, or until reccipt of all ncccssary rclcases from thc departmcnt
of revenue and the department ol' labor and industries and settlement of any liens
filed under chaptcr 60.28 RCW, w'hicho'cr is latcr. RCW 39.08.010.
In choosing option 2. the Contractor agrees that il the Contractor, its heirs. executors.
adrninistrators, succcssors, or assigns. shall in all things stand to and abidc by. and wcll and truly
keepr and perform the covenants. conditions and agreements in the Contract, and shall faithfully
pcrtbnn all thc provisions of such Contract and shall also wcll and truly pcrform and fulfill all
the undertakings. covenants. tenns. conditions and agreements of any and all duly authorized
motjifications of thc Contract that rnay hcrcaftcr bc nradc, at thc timc and in thc manncr thercin
strrecified, ancl shall pay all laborers. mechanics. subcontractors. and materialmen, and all persons
rvho shall supply such pL'rson or pcrsons, or subcontractors, with provisions and supplies ftlrthc
carrying on of such rvork. on his or her part. and shall defend. indemnify. and save harmless the
Clity of Port Orchard, Washington. its offlcc'rs and agcnts from any claim fbr such paymcnt. thcn
the funds retained in lieu of a perti)rmance bond shall be released at the time provided in said
oprion 2: orhen*,isc. rhc funds shall bc rctaincd until thc Contractor fulfills the said obligations.
C-ontruc'tor Sigrruture, Date
Bond No
Citv ol Port Orchard and Julie's Construction Sniping, I'LC
Publit' Works Project No. Pll'20 I 8-027
Smal l ll:orks Contract .',1o. C08 l - 1 8
Page l3 of l7
Rcv I '29''18
PERFORNIANCE AND PAYMENT BOND
CITY OF PORT ORCHART)
20 I 8 THERMOPLASTIC APPLICATIOII
CONTRACT NO. - CO8I.I8
Bond to City of Port Orchard, Washington
B<lnd No.
lVe.
(Principal)( Surety )
a Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations
severall-v bound to the City of Port Orchard, Washington
in Washington State. are jointly and
("Owncr"). in the penal sum of
Dollars (S
the paynrent t'rf rvhich sum. ol1 demand,\\, c bind ourselves and tlltr successots. heirs, administrators'
executors. or personal representatives. as the case may be. This Pcrformance Bond is providcd to secure
thc performance of Principal in conncction with a contract datcd , 20 _, bctu'ecn Princi pal
and Owner tbr a project entitled
Thc initial pcnal surn shall cqual
Proposal suhnrittcd by' Principal.
201 tt Thcnnoplastic Applica tion Contract No. ***("Clontract")
100 pcrcent of thc Total Bid Price, including salcs tax, as spccificd in thc
NOW, THEREFORE, this Pcrfbrrnancc and Paymcnt Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of thc Contract and changes authonzed by Owner in the manner
and within the timc specificd as may be cxtcndcd under the Contract;
pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor. equipment. or materials to the Project: and
o Pays the- taxes. increases and penaltie s incurred on the Project under Titles 50, 5l and 82 RCW
on: (A) projccts ret'erred to in RCW 60.28.01l(lXb); and'or (B) Projccts for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shatl indenrnify. dcfend. and protect the Owner against any claim of direct or indirect loss
resulting fiom the failure:
OI' thc principal (or any of thc employccs. subcontractors, or lower tier subcontractors of thc
Principal) to taithfully pcrform the contract. or
Of the principal (or any subconrracror or lowcr ticr subcontractor of thc Principal) to pay all laborers,
mechaniis. subcontractors. lowcr ticr subcontractors, rnaterial person, or any other person who
providcs supplies or prol'isions for carrying out thc work.
The liabitity o1surcty shall be lirnitcd ro thc pcnal sum of this Pcrtbnnance and Paymcnt Bond.
principle and Surety agrec that if the Owncr is rcquircd to engagc thc serviccs of an attorney in
conneition with enforcement of this bond each shall pay the Owner reasonable attorney's t'ees, whether or
not suit is comrrrenced, in addition to the penal sum.
CiO o/'Port Orchard and Julic'.s Construction Striping, il.C
Publit' Worl<s Proicc't llo. PW20l8-027
Smal I lVorlcs C)ontrac't .Yo. C:08 I - I I
Page l4 ol l7
and
Rcv lt29 18
No changc, cxtcnsion of timc, altcration, or addition to the terms of the Contract or to the Work to bc
pertbnned under the Contract shall in any way alfect Surety's obligation on the Perfonnance Bond.
Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the
Contract or the Work. rvith the exception that Surety shall be notified if the Contract time is extended by
more than twent,v percent (20on\.
If any modification or change incrc-ases the total amount to be paid under thc Contract, Surety's
obligation under this Perforrnancc and Payment Bond shall automatically increasc in a like amount. Any
such incrcase shall not cxcecd twcntl'-fivc pcrccnt (25%) of the original amount of the Performancc and
Paymcnt Bond without thc prior writtcn conscnt of Surcfy.
This Pertbrmance and Payment Btlnd shall be governed and construed by the laws of the State of
Washington, and venLle shall bc in Kitsap Counry. Washington.
IN WITNESS WtIEREOF. the parties have executcd this instrument in two (2) identical counterpafts this
day of .20
Principal Surety
Signaturc of Authorized Official Signature of Authorized Official
ul
Printed Nanrc and Title Attorney in Fact (Attach Power of Attorney)
Namc ancl address of local ofificc of
Agent and/or Surcty Companv:
Surety cornpanies executing bonds must appear on the current Authorized Insurance List in tlre State of
Washington per Section l-02.7 of the Standard Specitications.
Citv of Port Orc'hard and Julie'.s Consn'uction Striping, LLC
Puhlit' Ll orks P roie:c't No, PW 20 I 8-02 7
Small Works Contract No. Cl08l-18
Pagcl5oflT
Rcr' ll29l lu
STATE OF
COUNTY OF
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
)ss.
(
On this ':' day of-----,--r-------- /=--t,20 ; I , betbre me. the undersigned.
State of Washington, duly commissioned and sworn, personally appeared
to mc knon,n to bc thc (chcck onc of thc following boxes):
tr
aN Pub CI and tbr
of . thc
corporation.
{^/* r of thc
partnership.
individual.
that cxecutcd thc tbrcgoing instrumcnt to bc thc ticc and voluntary act and deed of said ! corpo,ation,
[l purtn"rship. ! in<tivittual for the uses ancl purposes therein mentionecl, ancl on oath stated that ! he
pshe was authorized to execute said instrument.
WITNL,SS my hand and otficial seal hereto affixcd the day and year first above written.
\oton Sral nith lnk Stamp
Print tvpe namc
NOTARY PUBLIC,
in and tbr thc Statc of Washington
Rcsiding
N4 y Commission expirc's
(-
,'- '''( ' ,L-t- L't-'- '1"1"
uT-
Ci* of'Port Orchard and Julie's Construction Striping, I-LC
Public' ll'orks Project No. Pll/20 I 8-027
Small Works Contrac't No. C'061-18
Page l6of17
R*' I 19 ltt
r')
SURET\ AC, K\ 0\\'L E D(;E }I E\T
STATE OF
)ss.
C'OUN'fY Ot-
On this day of ,20 , betbre rne. the undersigncd a Notary Public in and
tbr the State of Washington.duly commissioned and sworn. personally appeared __._----,
to me known to be the of the
corporation that cxccuted the forcgoing instrumcnt, and acknou'ledgcd the said instrument to be the free
and voluntary act and dced of said corporation, tbr the uses and purposcs thcrcin mentioned, and on oath
statcd that E h. E shc was authorizcd to cxecutc said instrutncnt.
WITNESS my hand and official seal hercto aft'ixcd thc day'and ycar first abovc writtcn.
\r)tar\ Scal uith lnk Stamp
Print or t,vpe name
NOTARY PUB[, C.
in and lor thc State of \\Iashington
Residing at
N'ly Commission expires:
Cit.t, ol'Port Orchard and Julie's Construction Striping, tJ-C
I'ublit' lVorlcs Proiec't No PW20 I 8-027
Small W'orks C'ontruct No. C'081'18
Page l7 oflT
Rcv I ?9,18
J lie's Co str ctio Stri i g, C
P.O. Box 962
Mckenna, Wa 9E558
(36t1) {58-2010 Office
(253) 677-7372.,u ie cell
P OPOSAL AN CONT CT
NAMf,: Ciq'of Port Orchard
ADDRESS:
C TYIST.:
ATTN:
PHONF. #:
FAX #:
CELI, f:
We propose to furnish all rnaterials anrl lahor lo cornplc"tc in a substantial and
PRO., ECT: I I'B ' 20 I I
T hermoPlastic APPlication
MAP PACE:
JOBH:
DESCR PT:
u M A L: publiorvqrks@citvofPg4ofghard. us
DATE: November l4' 2018
workmanlike manncr according to standard pr:rctices'
BID PRICEDT,SCRIPT ON OT'WORKQTJA NT IT\
l-f B - 20lE ThcrmoPlastic A pplication
l6
4
I
Crosswalk llars (256 sq ft)
Stop bar (186 sq ft)
Crinding (28 sq ft)
22.00 a sq ft
10.00 e sq ft
20.00 a sq tl
$5,6J2.00
$ J.?20.m
s!60.m
f,ICLLTSIONS: Pt-R!!llIS^ liN(ilNIrt'Rti\( i' TESnNC' S I'[S / trS[' l'Al'
All of the sbove work lo b€ compleled for the sum of ry1119- ' plus ux' if applicable'
TERMS: Ner C&sh Upon comptetion. Proposal subjccr ro change or canceiiiii6i-iia56-iiay.s.
contingBnt !.ollccltun fccli uharSad h) lhc crrllccliun a8,.nr} ln uddilion tt) princlpol. inlrrcst ot I t9t 0nnum otu' all oth" chlgcs o$in8 of the aounl'
ll legrl aclrofl is commt:ncql. thcn wachlnglon luu shull appl1. {mcrchilrrl ma} placc \ cnur in thc sultsrior cor"l ol Picrcc county' vs$inSlon
and ihc prcruiling partl' slull hc aurrdcrl its turahlc'corls md roavnable attrrrnel frrs
Al permlts rr. ihe rsponsibi ity ofthc purrhascr, Julie's construction Inc, ir rn cqus oPportutrity
'orP
or'r'
Re;pecttu lly subnritted.
Julie's Construction, I nc
f11,. /*L
ACCEP'I'ANC t,
.l-he above proposal is hereby acccptcd. You are authorir:ed to complete the work describtd' and l''we aBr€e t'o psy lh€ amourt
describecl uccording to the lerrns thereot'
Date:Authorized Signature
Ihis contrd(r(ir ir registc,!.rl $ilh the Statc of Wilshin$on. rc[irlr.tion }iu JLlt,lt:Cltig'llBl'' (crpir'ton dalc AuEusl I
''
er r 8enetsl / rgccirlly
$ htch |,|rigft aricc frum ahc *(lr|( dortc undsr ]our conttart. l[an) tuPplic. or mlrtsriol\ u*'il in lout constru€tion Pmj"r or nny cmplo]c' ofthc
contf{ctor or liubcortractor is not prid bt rhr contraltor or suhaonlrxct(rr on lourj(rb. )our pR,Fert! rtra) bc licncd to force prynEnt llyou wish
arlihblc ham lhc Drpsrtlnctt of l-ak)r and lniltl\tri€\ lhi\ oolicc is $$t in conrpliancc with lhe la$1 ot lh! stdc ofwtrJhington Rcw 18'2711{
PLEASE SIGN AND RETURN qT4COPY
BIIX: