Loading...
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. (.ITY OF PoRT OI{('H.{RI)CONTR {C'TORtt ORTP RPO&4 ( I Rohcrt . \lrtvor r1'SEAL B l\IC. ('itr'('lcrk ,'\PPROVtTD .{S -l-() I-()R\l: Catr.'s. (' i tr' .\ttorncv Citt' ttl Prtrl ()n hotrl tttul .lulir'''t ('ttttstt'ttt tttm Stnping' I'l'C Puhlrc lllrAt Pntict't \:.' Pll':ltls'll:- Surull llitrk.\ ('oiltrurt \o ('/l{/-/'f Pagc3ofl7 Itcr t l9 lli a NTI(',\TI:: CERTIFIC,{TE AS TO CORPORATE PRINCIPAL (Corporate Of/icer No Signer)) ccftif.v that I atn the Title)of the corporation named as the Contractor in the Agreement attac \r x\t -., t.t Contrac:t ((.orporale hereto; thathed (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 C ()oft'iccr si aturc not t srgncr) Printecl \-nA[\\^h(Y Titlc Countv of ft ( | /.-. (c:orporctte oflice (rrctl <rtntruc'l signer)) bcing IS (('orporule (f duly sworn, Title) of 20 /{ and ys ,a unle Corporatiort) Subscribed and sworn [o betbre me this :. duy of N Public (Si gnature ,l(lt (- 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 It State ol' ' r'.. .. /. .-',t-, ,- .1( 1 hc l;( .f , a 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 a o a 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: