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013-18 - Neptune Marine LLC - ContractCONTRACT CITY OF PORT ORCHARD McCORMICK VILLAGE PARK PHASE II IMPROVEMENTS CONTRACT NO. C013-18 THIS AGREEMENT made and entered into this April 10, 2018, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, by its City Council and Mayor, hereinafter called the “City,” and, Neptune Marine, LLC, hereinafter called the “Contractor.” WITNESSETH: That the Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, McCORMICK VILLAGE PARK PHASE II IMPROVEMENTS. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated March 30th 2018, attached hereto and incorporated herein by this reference as if set forth in full. The Contract Documents, duly identified, together with the Instructions to Bidders, a confirmed copy of the Proposal made by the Contractor on March 30th 2018, and the 2018 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as modified by Amendments and Special Provisions, are hereby made a part of this Contract and are mutually cooperative therewith. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 120 working days after the Notice to Proceed Date. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly convents and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT specification, for each and every working day said work is not complete beyond the time shown in the Proposal. Contractor understands that his bid response documents and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to be disclosed upon a request. Contractor acknowledges that he has advised to mark any records believed to be trade secrets or confidential in nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. City of Port Orchard McCormick Village Park Phase II Improvements Project #PW2018-008/Contract #C013-18 Contract Documents March 2018 LD-2 With this Contract, Contractor j$ furnishing a Corporate Surety Bond in the amount of o*<L &ulli*v\ W^ao.6 '7hcu^m Th\^'r1 Dollars with Ra*.A G’int'r ^ u-jfeS=>urefy, to insure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions In the event of litigation, venue shall be within Kitsap County, Washington. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. I! SEAL I 1 i • IP ^ ? __.....— pths.^.-r- ' ' '!Z'70~? &.ua*\ /\Ai*\ Lcrnec frnc(Co ujA- z z ( CITY OF PORT ORCHARD By: Mayor f^cT7<?.'Y'\pt)r-€>'Robert fMtaanauu, W t)i€ner" CONTRACTOR By: Title: Address: ATTEST;✓ /\ Brandy Rinei rfvIMC, City Clerk APPROVED AS TO FORM: 'Sharon Cates, City Attorney City of Port Orchard .McCormick Village Park Phase II Improvements Project UPW2018-008/Contract UC013-18 Contract Documents L®~3 March 2018 CONTRACT PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK VILLAGE PARK PHASE II IMPROVEMENTS CONTRACT No. C013-18 Bond to City of Port Orchard, Washington Bond No. 1001080989 .and American Contractors Indemnity CompanyWe. Neptune Marine LLC (Surety)(Principal) Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal Sum of One Million, Three Hundred Twenty-one Thousand, Thirty One and 82/100 a California Dollars ), the payment of which sum, on demand, we bind ourselves and our($ 1,321,031.82 successors, heirs, administrators, executors, or personal representatives, as the case may be, This Performance Bond is provided to secure the performance of Principal in connection with a contract dated April 10 20 18 . between Principal and Owner for a project entitled McCormick Village Park Phase II Improvements - Public Works Project No. PW2018-008 (“Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011 (1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract UC013-18 Contract Documents March 2018 PERFORMANCE AND PA YMENT BONDLD-27 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 23rd day of April ., 20 J_8_. American Contractors Indemnity CompanyNeptune Marine LLC Principal Surety 4 ___________/signature/ of Authorize / [l/J'-Ps-' I Attorney in Fact'(Attach Power of Attorney) Cameron Huntsucker c/o Integrity Surety LLC 17544 Midvale Ave N #300 >d OfficialSignature of Authorized Official Travis Crabb, Managing Member By. Printed Name and Title Name and address of local office of Agent and/or Surety Company: Seattle WA 98133 (2061546-1397 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract #C013-18 LD-28 March 2018 PERFORMANCE AND PAYMENT BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal ACKNOWLEDGEMENT Corporation, Partnership, or Individual WA-STATE OF )ss. COUNTY OF _ On this Z3 ffPl&l / , 20/3 , before me, the undersigned, a Notary Public in of Washington, duly commissioned and sworn, personally ________, to me known to be the (check one of the following day of_ and for the State appeared Travis Crabb boxes): Of Neptune Marine LLC theManaging Member corporation, ,. theofP partnership, individual,Cl that executed the foregoing instrument to be the free and voluntary act and deed of said p corporation, p partnership, p individual for the uses and purposes therein mentioned, and on oath stated that p he pshe was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. 5 ^ (Z-r/xUl_ Print or type name T\ »'vvvw"v NOTARY PUBLIC, in and for the State of Washington jS /a* dResiding at My Commission expires: City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract UC013-18 Contract Documents LD-29 March 2018 PERFORMANCE AND PAYMENT BOND Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal SURETY ACKNOWLEDGEMENT WashingtonSTATE OF )ss. COUNTY OF King On this 23rd day of April 20 18 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cameron Huntsucker to me known to be the Attorney-in-Fact of American Contractors Indemnity Company the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that o he a she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first abo„ve written. Kara Skinner Print or type na $ .* •. v? ** NOTARYpuBUC ’• i = dota^SeaftREWith ink I . s?pt.2M019 .* I ' • • c% *. *>*•....->v NOTARY PUBLIC, in and for the State of Washington Residing Seattle WA___________ My Commission expires: 9/28/2019 City of Port Orchard McCormick Village Park Phase II Improvements Project #PW2018-008/Contract UC013-18 LD-30 March 2018 PERFORMANCE AND PAYMENT BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND Project #: Surety Bond #: 1001080989 Date Posted: Expiration Date: McCORMICK VILLAGE PARK PHASE II IMPROVEMENTSRE: Project Name: Owner/Developer/Contractor: Neptune Marine LLC________________ Project Address: 3201 SW Old Clifton Road. Port Orchard. WA98367 KNOW ALL PERSONS BY THESE PRESENTS: That we, Neptune Marine LLC ______, a corporation organized , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Two Hundred SNtv-Fonr Thousand. dollars ($264,206.36 ) 20% of the total (hereinafter called the "Principal"), and under the laws of the State of California Two Hundred Six and 36/1 00 contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that:**American Contractors Indemnity Company WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) The Principal and Surety agree that the work and improvements installed in the above- referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. B. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on City of Port Orchard McCormick Village Park Phase II Improvements Project #PW2018-008/Contract#C013-18 LD-31 March 2018 MAINTENANCE/WARRANTY BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal 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 twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: D. 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a), remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenancewithin 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. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. E. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. F. G.Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract #C013-16 LD-32 March 2018 MAINTENANCE/WARRANTY BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see wvw.bxwa.com - Always Verify Seal reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. any judicial proceeding. The Surety hereby agrees that this Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. H. DATED this 23rd day of April , 20_m DEVELOPER/OWNER / CONTRACTOR (Signaturejnust be'notarized) SURETY COMPANY (Signature must bef notarized) V / ^__Its Attbmey-in-Fact - Cameron Huntsucker American Contractors Business Name: Indemnity Company c/o Integrity Surety LLC Business Address: 17544 Midvale Ave N #300 By:By: Its Managing Member - Travis Crabb Business Name: Neptune Marine LLC Business Address: 1004 Commercial Ave #250 Anacortes WA 98221Seattle WA 98133 City/State/Zip Code:City/State/Zip Code: Telephone Number:Telephone Number: 206-546-1397 CHECK FOR ATTACHED NOTARY SIGNATURE (Form P-1) (Form P-2) (Form P-2) Individual Corporation Surety Company City of Port Orchard McCormick Village Park Phase II Improvements Project #PW2018-008/Contract #C013-18 LD-33 March 2016 MAINTENANCE/WARRANTY BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. is Dated: i (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract HC013-18 LD-34 March 2018 MAINTENANCE/WARRANTY BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that Travis Crabb the person who appeared before me, and said person acknowledged as the __________________________________of Neptune Marine LLC__________ (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Managing Member that Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing ~ZC& (a r- d f y Mv Commission expires: ( X^ OF v*VvxvO> at: City of Port Orchard McCormick Village Park Phase II Improvements Project UPW2018-008/Contract #C013■ 18 Contract Documents LD-35 March 2018 MAINTENANCE/WARRANTY BOND Provided to Builders Exchange of wa,Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF King ) I certify that I know or have satisfactory evidence that Cameron Huntsucker the person who appeared before me, and said person acknowledged as the Of American Contractors Indemnity Company (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. is thatAttorney-in-Fact I P5,^oiBDated: v Kara O Skinner / .........\ / / notaryPUBUc\ \ = .* C°MM. expires • § = \S£pr.28,20l9 : I ..-i /.................rwV\,.°p I'VASH^0' n\'n ^"(linin'"' (print or type name) NOTARY PUBLIC in and for the State of Washington, residing Seattle WAat: My Commission expires: 9-28-2019 City of Port Orchard McCormick Village Park Phase II Improvements Project #PW2018-008/Contract #C013-1B LD-36 March 2018 MAINTENANCE/WARRANTY BONDContract Documents Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal ■■■ m POWER OF ATTORNEY American Contractors Indemnity Company Texas Bonding Company United States Surety Company U.S. Specialty Insurance Company KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surely Company, a Maryland coiporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the “Companies”), do by these presents make, constitute and appoint: m Cameron Huntsucker, Kara Skinner, Mercedes Trokey-Moudy or Jessica Yuhas of Seattle, Washington its true and lawful Altorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond *****Three Million***** This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable pgpbns as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company’s liability thereunder, and any such instruments so executed by any such Attomcy-in-Fact shall be binding upon the Compan by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. Dollars ($ **3,000,000.00**).penalty does not exceed ifsigned by the President and scaled and effected IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016. _ = ,,, v = American Contractors Indemnity Company Texas Bonding Company United SJates Surety Company U.S. Specialty Insurance CompanyCorporate Seals ■ Daniel P. Aguilar, Vice President± a _A notary public or otRS- officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Cmnnanv. United States Surety Company and U.S. Specialty Insurance Company who proved tQjffie on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity' upon b'eihalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. I SABINA M0R5ENSTEIN Commission # 2129258 Notary Public - California i Los Anoeles County MyComrrvExpIre^lo^^OIsCm m (Seal)Signature I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. “ * ' In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day k (Mr fur_ >of fPlifil Corporate Seals =. •=_ - . —- m Kio Lo, Assistant Secretary■Bond No. /OGtOYB 5^7 EU1; 13143Agency No.