037-12 - Stripe Rite, Inc. - Contractand
CITY OF PORT ORCHARD SMALL WORKS
CONSTRUCTION CONTRACT NO.037-12
THIS Agreement is made effective as of the 23`d day of May, 2012, by and between
CITY OF PORT ORCHARD, WASHINGTON
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Tim Matthes Phone:
Stripe Rite, Inc ("CONTRACTOR")
Contact: Mr. Ed Wilkinson
Tax Id No. 91-1387668
for the following Project:
2012 Thermoplastic Applications
The City and Contractor agree as follows:
("CITY")
360.876.4407 Fax: 360.895.9029
Phone 253.863.2987 Fax:253.863.3120
("PROJECT")
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2012 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions.
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement,
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f; and
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 1 of 19
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each
other in describing a complete work. Any requirement in one document binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
Date of Commencement and Substantial Completion Date. The date of commencement
shall be May 23, 2012. The Contractor shall substantially complete the Work within 45 days
of contract awarded, subject to adjustment by change order.
The Contractor shall do all work and furnish all tools, materials, and equipment in
accordance with the above described Construction Contract Documents. The Contractor shall
provide and bear the expense of all equipment, work, and labor of any sort whatsoever that
may be required for the transfer of materials and for constructing and completing of the work
provided for in these Construction Contract Documents, except those items mentioned
therein to be furnished by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the
base bid amount of $10,318.00 (sales tax included.) The construction contract sum shall
include all items and services necessary for the proper execution and completion of the work.
The City hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to provide the materials and to do and cause to be done the work described in the
Construction Contract Documents and to complete and finish the same according to the plans
and specifications and the terms and conditions herein contained; and hereby contracts to pay
for the same at the time and in the manner and upon the conditions provided for in this
contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and
the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub -contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and
assigns, does hereby agree to the full performance of all the covenants herein upon the part of
the Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 2 of 19
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly
executed on the date first written above.
CITY OF PORT ORCHARD
Timothy C. I atthes, Mayor
ATTEST:
Brandy inearson, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. ac by, C ty ttorney
CONTRACTOR
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 3 of 19
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, >Tqm baxjm(Corporate Officer (Not Contract
Signer)) certify that I am the 25 (Corporate
Title) of the corporation named as Contractor in the Agreement attached hereto; that
S�(_Jtrx PJG.kmen (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then (Corporate Title) of said
corporation; that said Agreement was duly signed for and in behalf of said corporation by
authority of its governing body, and is within the scope of its corporate powers.
Corporjeyal
orp. officer signature (not contract signer)
Si.Jeys Qol�emAin
Printed
Title
State W,�� _
County
of t'C,e.'
�C.Jen (corporate officerI (not contract signer)) being
duly sworn, deposes and says that he/she is (Corporate
Title) of ���• (Name of Corporation)
Subscribed and sworn to before me this —A*— day of U
Al-
20
Notary Publ (Signature)
�aE Notary Public (Print)
Ml
0 > ;,, fog My commission expires L0 4q c�—
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 4 of 19
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2012 edition, together with the APWA
Supplement (Section 1-99), as issued by the Washington State Department of Transportation and
American Public Works Association, Washington State Chapter, hereinafter referred to as the
"standard specifications". The standard specifications, except as they may be modified or
superseded by these provisions, shall govern all phases of work under this contract, and they are
by reference made an integral part of these specifications and contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State
certificate of registration per chapter 18.27 RCW; a current state unified business identifier
number; and if applicable, industrial insurance coverage for the bidder's employees working in
Washington, an Employment Security Department number, and a state excise tax registration
number. In addition, the bidder must not be disqualified from bidding on any public works
contracts under RCW 39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The
Contractor shall complete and file State of Washington, Department of Labor & Industries,
Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall
familiarize itself with their requirements. The Contractor shall also be responsible for and pay all
costs pertaining to the processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled "Insurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 5 of 19
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries works for the approval of statements of intent to pay
prevailing wages and the certification of affidavits of wages paid, etc. The Department may also
charge fees to persons or organizations requesting the arbitration of disputes under RCW
39.12.060. The Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract, when properly signed, will be the only form which will be
recognized by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City's prior written consent. No waiver by the
City of a breach of any provision of the terms and conditions outlined in the invitation to bid
shall constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change
shall write a description of the change and give the description to the other party (the "Change
Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by
emergency, the Contractor shall provide the City with a fixed -price written estimate of the cost
and time impact of the change in Work; and (c) The City and the Contractor shall execute a
Change Order confirming their agreement as to the change in Work, the fixed -price cost, and the
extension of the Substantial Completion Date, if any. If the change in Work cannot be
performed on a fixed -price basis, the Change Order shall identify the agreed method of
compensation.
13, CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating
the Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive
signed by the Contractor indicates agreement with all terms set forth in the Change Directive.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 6 of 19
Such agreement shall be effective immediately and shall be recorded as soon as practical with a
Change Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or
Substantial Completion Date, if any, then either party may submit the matter for determination in
accordance with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the
Substantial Completion Date and not inconsistent with the Contract documents. The Contractor
shall promptly carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to
indemnify and defend the City against any loss, cost, liability or damage, including reasonable
attorney's fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to
defend, indemnify and hold harmless the City and all its officers, agents, employees or otherwise
from any and all claims, including but not limited to reasonable attorney fees, demands, losses
and liabilities to or by third parties arising from, resulting from or connected with the express or
implied obligations of the Contractor, its agents or employees under this contract to the fullest
extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability
for damages arising out of bodily injury to persons or damage to property caused by or resulting
from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify
the City for liability for damages arising out of bodily injury to persons or damage to property
caused by or resulting from the concurrent negligence of (a) the City, its agents or employees,
and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the
Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City
harmless shall include, as to all claims, demands, losses and liability to which it applies, the
City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related
expenses. The Contractor's indemnification shall specifically include all claims for loss liability
because of wrongful payments under the Uniform Commercial Code, or other statutory or
contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this
contract or work performed or materials furnished directly or indirectly because of this contract.
Contractor further agrees that this duty to indemnify City applies regardless of any provisions in
RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for
liability for injuries to Contractor's workers and employees, and/or Worker's Compensation; and
Contractor hereby expressly waives any such immunity.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty,
under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the contract documents which
would, at the option of the City, require the Contractor to assume liability for any and all
damages, including the excess of re -procuring similar products or services; 3) for convenience of
the City; or 4) by the City for non -appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance
occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 7 of 19
Contractor prior to termination exceed the amount paid by the City to the Contractor on the
Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the
amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of
performance incurred by the Contractor prior to termination, the Contractor shall reimburse the
City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as
provided in subsections 2) or 3), above, shall constitute full payment and consideration for the
services performed by the Contractor prior to termination.
19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, not withstanding any previous custom, practice, or course of dealing
to the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the
City along with monthly invoices in a format acceptable to the City for work performed to the
date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper
invoice. If the services rendered to not meet the requirements of the Contract, Contractor will
correct or modify the work to comply with the contract. City may withhold payment for such
work until work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith
to resolve any dispute promptly through negotiation. Either party may give the other party
written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute;
(b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to
mediation. The cost of the mediation shall be borne equally by each party. The mediator shall be
selected by the mutual agreement of the parties; (c) If the mediation does not result in a
settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial and
Arbitration Mediations Service ("JAMS") in accordance with the then operative construction
rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree,
the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the
decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington;
provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall
be held in such location as the parties may agree after consulting with JAMS.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 8 of 19
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Contractor shall furnish and maintain all insurance as required herein (or by attachment) and
comply with all limits, terms and conditions stipulated therein (or by that attachment), at their
expense, for the duration of the contract. Any exclusions must be pre -approved by the City.
Work under this contract shall not commence until evidence of all required insurance and
bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's
rating of A- and shall be licensed to do business in the State of Washington. The insurance policy
or policies will not be canceled, materially changed or altered without forty five (45) days prior
notice submitted to the City. The policy shall provide and the certificate shall reflect that the
insurance afforded applies separately to each insured against whom claim is made or suit is
brought except with respect to the limits of the company's liability. The policy shall be endorsed
and the certificate shall reflect that the insurance afforded therein shall be primary insurance and
any insurance or self-insurance carried by the City shall be excess and not contributory insurance
to that provided by the contractor.
REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth
below, all coverage $1,000,000.00 per occurrence with no deductible.
GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General
Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual
aggregate, which includes general aggregate, products, completed operation, personal injury, fire
damage and medical expense.
ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the
City of Port Orchard, it's officers, agents and employees, and any other entity specifically
required by the provisions of the Agreement will be specifically named additional insured(s) for
all coverage provided by this policy of insurance and shall be fully and completely protected by
this policy from all claims. Language such as the following should be used "CITY OF PORT
ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL
INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)."
PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business
Automobile Liability with limits of $1,000,000.00 combined single limit.
WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's
Compensation coverage by providing its State Industrial Account Identification Number.
Provision of this number will be the Contractor's assurance that coverage is in effect.
PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor
allow any subcontractor to commence work on any subcontract until a Certificate of Insurance,
meeting the requirements set forth above, has been provided to the City. Upon request, the
Contractor shall forward to the City the original policy, or endorsement obtained, to the
Contractor's policy currently in force.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 9 of 19
FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance
requirements during the term or the contract shall be considered a material breach of contract and
cause for immediate termination of the contract at the City's discretion. Alternatively the City
may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed
proper up to the amount of the required coverage(s). The City may offset the cost of such
insurance against payment due to the Contractor under this contract.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 10 of 19
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(CONTRACTS UNDER $35,000 ONLYI
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
The Contractor elects to:
K (1) Furnish a performance bond in the amount of the total contract sum.
An executed performance bond on the required form is included with the executed
contract documents.
(2) Have the City retain, in lieu of the performance and payment bonds,
fifty percent (50%) of the total contract amount for a period of thirty days after
date of final acceptance, or until receipt of all necessary releases from the
department of revenue and the department of labor and industries and settlement
of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully
perform all the provisions of such contract and shall also well and truly perform and fulfill all the
undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of the Contract that may hereafter be made, at the time and in the manner therein
specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons
who shall supply such person or persons, or subcontractors, with provisions and supplies for the
carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the
City of Port Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations.
A6Z.0�
Contractor Signature, Date
Bond No.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page I of 19
Bond No. 1968769
CITY OF PORT ORCHARD
PERFORMANCE BOND
Know all men by these presents: That whereas the City of Port Orchard, State of
Washington has awarded to stripe Rite, Inc. (Contractor) hereinafter designated
as the "Principal' a contract for the construction of the project designated
2012 Pavement Striping , Project No. 037-12 Port Orchard, Washington all
as hereto attached and made a part hereof and whereas, said principal is required under the terms
of said contract to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and The Hanover insurance Company
(Surety), a corporation, organized and existing under and by virtue of the laws of the State of
New Hampshire , duly authorized to do business in the State of Washington, as surety, are
held and firmly bound unto the City of Port Orchard, Washington, in the sum of:
Fifteen Thousand Four Hundred Seventy Seven Dollars
($ 15, 477. 00 ) 150%Total Contract Amount
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by those presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and agreements in the said
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 said contract that may hereafter be made, at the time and
in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and
material men, and all persons who shall supply such person or persons, or subcontractors, with
provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify
and save harmless the City of Port Orchard, Washington, their officers and agents from any
claim for such payment; and shall further save harmless and indemnify said City of Port Orchard,
Washington, from any claims relating to defect or defects in any of the workmanship entering
into any part of the work or designated equipment covered by said contract. This hold harmless
and indemnification agreement shall survive the expiration of this bond, but the obligations of
the surety is limited to defects which shall develop or be discovered within two (2) years after
the final acceptance of such work, then the obligation of the Surety shall become null and void;
otherwise, it shall be and remain in full force and effect; provided that the liability hereunder for
defects in materials and workmanship for a period of two (2) after the acceptance of the works
shall not exceed the sum of:
Fifteen Thousand Four Hundred Seventy Seven Dollars
($ 15, 477. oo ) 150%Total Contract Amount
U. NGINEERINGWWD unraems and Requirmem9C0nmW band doormnasduU?ENGINEERINGBid Doormen,rdR,,&rn,rn Tinxl Sm Works Com,xU.2L 12nohad¢d.,
City of Port Orchard and Stripe Rite, Inc.
Small Works Contract No. ***-12
Page 12 of 18
Bond No. 1968769
And the said surety, for value received, hereby further stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond, and it does hereby waive notice of any change, extension of time,
alterations or additions to the terms of the contract or the work or to the specifications. The
Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the aforesaid Contract without notice to Surety, and any such modifications or changes
increasing the total amount to be paid the Principal shall automatically increase the obligation of
the Surety on this Performance Bond in a like amount, such increase, however, not to exceed
twenty-five percent (25%) of the original amount of this bond without the consent of the Surety.
IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two
(2) counterparts thereof to be signed and sealed by their duly authorized officers this 4th
day of June 2012
Stripe
Ri , Inc.
Princi
By
Signature
Printed
Preaul�
Title
ATTEST: (if corporation)
The Hanover Insurance Company
Surety —
By
By
Signature
Brady Moriarty
Printed
Attorney -In -Fact
Title
Name and Address of local office/agent of Surety Company is:
Propel Insurance
1201 Pacific Ave, Suite 1000
Tacoma, WA 98402-4321
BJu i R. Truitt, Witness
Title
Approved As To Form:
City Attorney
U9EFGINEE0.IRG�Bid Doo,memsend 0.cquirmen�AC'orrenrd bond documomsdaUdENG11.EER18G�aid DocumentseMRequirmenuVinnl Sm WMsCwndMM2..k cA.
City of Pon Orchard and Stripe Rite, Inc.
Small Works Contract No. ***-12
Page 13 of 18
Bond No. 1968769
CITY OF PORT ORCHARD
PAYMENT BOND
Know all men by these presents: That whereas the City of Port Orchard (City or Owner), State of
Washington has awarded to stripe Rite Inc. (Contractor) hereinafter designated
as the "Principal" a contract for the construction of the project designated
2012 Pavement Striping , Project No. 037-12 Port Orchard, Washington all
as hereto attached and made a part hereof and whereas, said principal is required under the terms
of said contract to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and The Hanover Insurance company
(Surety), a corporation, organized and existing under and by virtue of the laws of the State of
New Hampshire , duly authorized to do business in the State of Washington, as surety, are
held and firmly bound unto the City of Port Orchard, Washington, in the penal sum of:
Five Thousand One Hundred Fifty Nine Dollars
($ 5,159.00 ) 50% Total Contract Amount
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by those presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain Contract with the Owner, dated the 23rd of May 2012, a copy of
which is hereto attached and made a part hereof for the construction of:
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution
of the work provided for in such Contract, and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, coal, and coke; repairs on
machinery, equipment, and tools consumed or used in connection with the construction of such
work; and all insurance premiums on said work, and for all labor, performed in such work
whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in
full force
�� sand effect.
` � ►_ The Hanover Insurance Company
t.Y A l L V \ 71t� lAit� By: June 4, 2012
Witness As to Surety Julie R. Truitt Attorney -in -Fact Brady Moriarty
Propel Insurance, 1201 Pacific Ave, Ste 1000 1001 SW 5th Avenue, Suite 1100
Tacoma, WA 98402 Portland, OR 97204
Address Address
NOTE: Date of Bond must not be prior to date of Contract, may 23, 2012 If
Contractor is Partnership, all Partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the project is
located.
U.TNGINEERING1aid Oonsmenm W Rcoinon.t.\C..tt bond dom.rn,d U.sENGINEERINGWid n untsus and RNukmeolsVog Son Wo,Fs Conor 3-23.12 no kade.d
City of Port Orchard and stripe Rite, Inc.
Small Works Contract No. ***-12
Page 14 of 18
• THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being
corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation
organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Anne E. Strieby, Kristine Lawrence, Kettle Hogan, Barbara A. Johnson, Julie R. Truitt, Peggy A. Firth, Karen Swanson, James B. Binder
Peter J. Comfort, Eric Zimmerman, Brent E. Heilesen, Jennifer L. Snyder, Christopher Kinyon, Brady Moriarty and/or Jamie Diemer
of Tacoma, WA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for,
and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Ten Million and Noll00 ($10,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Atlorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
'RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such
writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly
elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 -
Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 27th day of February 2012. THE HANOVER INSURANCE COMPANY
P 1N1 3 taoa SEAL
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
MASSAC��INSURANCE
�/COMPANY
CITIZENS 1f NCE PANY OF AMERICA
Robed omas, Vice President
a ,Vice
On this 27th day of February 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, tome personally known to be the individuals and officers described herein, and acknowledged that the
seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens
Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said Corporations.
p'u. BAaBARAA. GARIiCK
Notary Public
M Cnrm 2mot Ma acme e
•` aryca�.�u,mrw:�+sw.ztzae
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed
by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all
signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of
America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 4th =day of ,June 2012.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE OF AMERICA
AMERICA
5(�--
I n Margosian, Vice President
DECLARATION OF OPTION FOR MANAGEMENT
OF STATUTORY RETAINED PERCENTAGE
Note: This form must be submitted at the time the Contractor executes the contract. Contractor
shall designate the option desired by checking the appropriate space.
Monies reserved under provisions of RC W 60.28, at the option of the Contractor, shall be:
(1) Retained in a fund by the Owner.
(2) Deposited by the Owner in an interest -bearing account in a bank, mutual
savings bank or savings and loan association.
(3) Placed in escrow with a bank or trust company by the Owner.* When the
monies reserved are to be placed in escrow, the Owner will issue a check representing the
sum of the monies reserved payable to the bank or trust company and the Contractor
jointly. Such check shall be converted into bonds and securities chosen by the Contractor
and approved by the Owner and the bonds and securities held in escrow. The Contractor
in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which
may accrue from escrow services, brokerage charges or both, and further agrees to
assume all risks in connection with the investment of the retained percentages in
securities.
Contractor Signature Date
*For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is
available upon request. The Contractor is not required to use this Escrow Agreement form, however, alternative
forms will need to be approved prior to execution by the City.
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 15 of 19
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
Know all men by these presents: That whereas the City of Port Orchard, State of
Washington has awarded to (Contractor) hereinafter designated
as the "Principal" a contract for the construction of the project designated
, Project No. Port Orchard, Washington all
as hereto attached and made a part hereof and whereas, said principal is required under the terms
of said contract to furnish a bond for the faithful performance of said contract:
NOW, THEREFORE, we, the principal, and
(Surety), a corporation, organized and existing under and by virtue of the laws of the State of
, duly authorized to do business in the State of Washington, as surety, are
held and firmly bound unto the City of Port Orchard, Washington, in the sum of:
($
Dollars
Total Contract Amount or $10,000 whichever is greater)
D (W
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by those presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that Principal and Surety agree that the
work and improvements installed pursuant to the Performance Bond or other security instrument
filed with the City in the above -referenced project shall remain free from defects in material,
workmanship and installation (or, in the case of landscaping, shall survive,) for a period of two
(2) years after written and final acceptance of the same and approval by the City. Maintenance is
defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or
improvements as accepted by the City during the 24 month period after final and written
acceptance, and includes, but is not limited to, repair or replacement of defective workmanship,
materials or installations.
The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or
defects in workmanship, materials or installation to the City -owned real property on which
improvements have been installed, and leave the same in as good condition as it was before
commencement of the work.
The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in
materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period
of two (2) years from the date of acceptance of the work by the City, the Principal shall repair
and/replace the same within ten (10) days of demand by the City, and if the Principal should fail
to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 16 of 19
a) remedy the default itself with reasonable diligence pursuant to a time
schedule acceptable to the City; or
b) tender to the City within an additional ten (10) days the amount necessary,
as determined by the City, for the City to remedy the default, up to the
total bond amount.
Upon completion of the Surety's duties under either of the options above, the
Surety shall then have fulfilled its obligations under this bond insofar as pertains
to the identified defect. If the Surety elects to fulfill its obligation pursuant to the
requirements of subsection B(1)(b), the City shall notify the Surety of the actual
cost of the remedy, upon completion of the remedy. The City shall return,
without interest, any overpayment made by the Surety, and the Surety shall pay to
the City any actual costs which exceeded the City's estimate, limited to the bond
amount.
In the event the Principal fails to make repairs or provide maintenance within the
time period requested by the City, then the City, its employees and agents shall
have the right at the City's sole election to enter onto said property described
above for the purpose of repairing or maintaining the improvements. This
provision shall not be construed as creating an obligation on the part of the City or
its representatives to repair or maintain such improvements.
In the event legal action is taken to enforce the provisions of the bond or to collect said bond, the
prevailing party shall be entitled to attorney's fees and costs over and above the bond.
Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the
work is not performed in a timely manner, the City shall have the right, without recourse to legal
action, to take such action under this bond as described above.
The obligations of the surety as described herein shall not exceed the sum
Dollars
($ )( /o Total Contract Amount or $10,000 whichever is greater); however
the Principal shall responsible for the full amount of any corrections/repairs required - including,
but not limited to payment for any deficiency in the event the bond amount is insufficient to
cover the amount necessary to remedy the defect or in the event the surety is not solvent or fails
to tender the necessary amount - and nothing in this document shall be construed as a limitation
on the City in enforcing the Principles obligation to maintainlrepair the improvement.
Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alterations or additions to the terms
of the contract or the work or to the specifications. The Surety hereby agrees that modifications
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 17 of 19
and changes may be made in the terms and provisions of the aforesaid Contract without notice to
Surety, and any such modifications or changes increasing the total amount to be paid the
Principal shall automatically increase the obligation of the Surety on this Performance Bond in a
like amount, such increase, however, not to exceed twenty-five percent (25%) of the original
amount of this bond without the consent of the Surety.
IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two
(2) counterparts thereof to be signed and sealed by their duly authorized officers this
day of 20
Principal
By
Signature
Printed
Title
ATTEST: (if corporation)
Surety
By
Signature
Printed
Title
Name and Address of local office/agent of Surety Company is:
By
Title
Approved As To Form:
City Attorney
City of Port Orchard and Stripe Right, Inc.
Small Works Contract No. 037-12
Page 18 of 19
1813. 7377N Avg g
8UMN3RN3.2987 80
STPE
RITEaseas
Po.288.86p2987
Fan 253.883.3120
InC,
ttiww.stAperlte.00m
prfd®strlperlte.00m
Bid Number: 12- 0646
BID PROPOSAL BY: J&RY t 12
SEND CONTRACTAND/ORSIONANDR�T/Bxf tlA
TOACCEPTBID. ` e/
SCHEDULING:CAUBAIJATAsw,. `
(288)BSA2997-PIEASERrd TD e,,iiiifl�ii r
COMPANY NAME
PROJECT —� / 0
CITY OF PORT ORCHARD PUBLIC WORKS
216 PROSPECT STREET
PORT ORCHARD, WA 98366
mdorsev(dlcity otoortorchard.us
OINca: 360.876.4991 Fax: 360.876.4980
CITY OF PORT ORCHARD PUBLIC WORKS /(
VARIOUS LOCATIONS
PORT ORCHARD, WA 98366
RepYNsme: MARK D. "ph: 360.876.4991
ProvaI1M : 'Yeti' ❑O Date: May s, 2012
Sales Tax
har e ? I
Lj Contract on Flla
ITEM #
EST QTY
UNITS
ITEM DESCRIPTION
UNIT PRICE
TOTAL
17
EA
HOT LIQUID TYPE A THERMOPLASTIC ARROWS
$ 40.00
$ 680.00
3
EA
HOT LIQUID TYPE A THERMOPLASTIC ONLYS
$ 110.00
$ 330.00
1,776
SOFT
HOT LIQUID THERMOPLASTIC XWALK BARS
$ 3.10
$ 6,605.60
850
SOFT
HOT LIQUID THERMOPLASTIC STOP BARS
$ 3.10
$ 2,635.00
1
LS
GRING OFF WORN THERMOPLASTIC 48 SOFT
$ 350.00
$ 360.00
$
PRICE INCLUDES TRAFFIC CONTROL
$
PRICE EXCLUDES ALL TAXES.
$
$
S -
$
a -
$
$
s -
s -
$
"ANYTHING NOT CLEARLY STATED ABOVE SHALL BE
$
EXCLUDED FROM SIDI
$
$
$
"Paint for this job Is Solvent Based WSDOT QPL (Ennis)- EXCLUDES WATERBORNE
BID PROPOSAL GOOD FOR 30 DAYS
$ 9,600.60
a
Bid Proposal Terms:
+ 8.1g , a
• The bid DroDoeal o beaed on (d) moblllzetlon(a). If addltbnel mabalzatlans aro required due to scheduarp COMllcls tliet ere out dSbipe Rra'a cbnvol, a
and$850.00 lorexbuded curb.
p \
l p
mobilization fee of$MOD) will be charged eacrems for pavement marking, slgns,pracest
• ErAuda peneio, kyaul, referencing, control. sales tax and arty other Menu not spedacaay, mentioned in this bidpfOpoal.
Schoddk ed wamay be canceled by unfavorable mother. stripe Rio, Imo., shall solely delenNne unfintcra weather conditions as Sbipa Rio. W. bean the
�J 0
responeWRlyfor Installation and is In the but position to)udgs weather condldone.
' Stripe Rile, Inc. area not bear any tlnanctal responsibility for delays caused by strikes, mother conditions, delay In obtsimng materials or other causes beyond be monad.
• p"nt tens are as fo§o - Wehln 30 days orteceipl of Invoke. All pest due invoices shall bear Interest 0118% per annum until paid or the ma,dmum rate allowed by taw.
• In the seem slat It becomes necessary to employ an attorney to BNbfee the dgl a of any pad of this signed blUwnbad or any modi8eadon hereof, tlb prevalti g party
char be entitled to recover e*lr edoeikn costa, attorneys, fees, and court fee, etc., regardless IF actual suit Is brought.
CuslomerAuthodzallon: This: Date:
Qualified Product List
Page 1 of 1
w
V_�T Washington Stato
Uzi Dopartmont of Transportation
Contractor: Stripe Rite, Inc.
Sub Contractor:
Bid Item: Plastic
Qualified Product List
Contractor Product Information
Contract No: Port Townsend 2012
Date: 5/30/12
May 30, 2012
Manufacturer: Ennis Paint, Inc., dba Ennis Traffic Safety Solutions - Bakersfield,
CA
Product Name: Pave -Mark Hydrocarbon
Standard Spec : 9-34.3(1), Pavement Marking - Plastic Type A: Liquid Hot Applied Thermoplastic
Product Description : Pavement marking - extruded application: long line, transverse and
symbols (statewide); long line with profile (Western WA only)
Product Restriction :
Acceptance Code : 3101
Code Description : Visually verify the product delivered to the job site is the product that was
originally submitted by the Contractor and approved from the QPL. Note 'Restrictions' when
present.
Last Updated : Sep 13, 2010
To be completed by the field inspector:
Quantity: Verified By: Date:
http://www.wsdot.wa.govfbiz/mats/QPL/QPLPrint.cfm?Product—no—I 993675&product—or... 5/30/2012