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094-16 - Evergreen Concrete Cutting, Inc. - ContractCITY OF PORT ORCHARD SMALL WORKS UNDER IOK CONSTRUCTION CONTRACT NO.094-16 PUBLIC WORKS PROJECT NO.2016-040 THIS Agreement is made effective as of the 22nc1 day of November, 2016, by and between and CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putannsuu Phone: 360.876.4407 Fax: 360.8959029 EVERGREEN CONCRETE CUTTING, INC ("CONTRACTOR") PO Box 1751 Sumner, WA 98390 Contact: Dale Taylor Phone: 253.826,7644 Fax: 253.826.3953 for the following Project: Saw Cutting.fot- Tremont Potholes ("PROJECT") The City and Contractor agree as follows: 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 the Contractor, b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2016 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 City of Port Orchard and Evergreen Concrete Cutting. brc Public Works Project No. PW2016-04o Small Works Contract No. 094-16 EN"GINECRING CITY PROJECrs'I RF_moN"f mini WIDE'vING MAIN PROJECT RMESICIN HLF AFAIIN P<fl f ,I g F1­g,u 'n­w Cumng C094-I1, Ea g, e Concrete Page I of 21 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in 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. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be November 27`h 2016. The Contractor shall substantially complete the Work not later than December 1" 2016, 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. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $2853.38 including sales tax. 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. 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. 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 Evergreen Concrete Cutting, Inc Puhlic Works Project No, PW2016-040 Small Works Contract No. 094-16 U iVANI_ERING CITYPROJEcTS"fRFmONT STRI FTWIPF„ING`MAIN PRO] VC1REIA-SIGN FILL. AUM1NPoi h,,I, gg vergre �n Concrete Cunmg CDYJ-16 b�zrgrecn ('onirua Cmu,gd- Page 2 of 21 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putannsuu, Mayor ATTEST/AU TICATE: randy Rinearson, CMC, City Clerk APPROVED AS TO FORM: l 1 o Cates City Attorney Rj I0IRC''�''�. O RATyq���m c a �� -do o, CONTRACTOR fire r , c(Ytc/c �.�V �1 LJ By��ltl�o T.IIu' Its:___-�s' City of Port Orchard and Evergreen Concrete Cutting, Ine Public Works Project No. PW2016-040 Small Works Contract No. 094-16 U:`ENGINEERINGICITY PROIL'CTSJREMONT STREET WIDENINUMAIN PROJECT REDESIGN PILE�.ADMINZPotholin$:Evergreeo Conc to ('utting:C)94-16 Evergreen Cbn—le Cutting.doc Page 3 of 21 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Y- (Corporate Officer (Not Contract Signer)) certify that I aril the tiCtC/1rt- (Corporate Title) yof,Y the corporation named as the Contractor in the Agreement attached hereto; that (Contract Signer) who signed said Agreement on behalf of the Contracttr,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. Corporate Seal Mt fficer signature (not contract signer) U— " l(i" Printed V t c�:esar - Title State of • c 2p ) County of-t�— ) (corporate officer (not contract signer)) being duly sworn, depo es and says that he/she is \/,Ce �� (Corporate Title) of �Y gtrGc°/i �eY1Ct�e'Ca llttM � ,(Name of Corporation) 20_�Subscribed and sworn to before me this 2Znct? day of ('�' Jern K SQ& �tttrt gIOk Ea �1 f N Paryublic (Signa ) '� '-s Notary Public (Prin My commission expiresi IQ►(3 City of Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 U^ENGINEFRINGICITY PROJECTS,TREMON'l STREETWIDENINGtMAIN PROJECT REDESIGN FILE'v1DMIN.Potholing,Evergreen Concrete C'utting,C094-16 Evergreen ConaCte Cutting.doc Page 4 of 21 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, 2016 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. I . 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 gfPort Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 1 ENGINEFRING CITY PROJECIS';IREMONT STREET WIDENINOMAINPROJITT RFDE.SIGN PIEhADM IMPmh hnc;E,e+greenC---1Cwnng('094-1( F crgrecn C.oncntc ( n"'°g''°c Page 5 of 21 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 Evergreen Concrete Cutting, lite Public Wares Project No. PW2016-040 Small Works Contract No. 094-16 I:ENGINF;F,RING CI rY PROJECTS 'IRIMON"r5'rREET WIDEN I NO MA IN PROJECT RE DES IGN F IIL ADMIN.Pod.111U9 EI QIl 1Concrete Cult g.0094-1G Bug,. (.....rite (w g.d­ Page 6 of 21 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 shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 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. City of Port Orchard and Evergreen Concrete Cutting. 111c Public Works Project No. PW2016-040 Small Works Contract No. 094-16 t.'1NCINEERINO crrYPROJEC7"S`TREMONI s,rRrET%VtD[NIN(i a MAIN PROMI RED CSIGN FILE ADMIiN Pmh.l,1911 911", C-11—W Cumt gC(W416 6­g,e ('mi.etc Page 7 of 21 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 perfonned 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 Evergreen Concrete Crating, inc Pdlblic Works Project No. PW2016-040 Small Works Contract No. 094-16 l,'l NGINFERING-CITY PROJECTS TREMON"I' STREET WIDGNINOLM AIN PROJECT REDESIGN PICK ADM IN.Poth. I ns l.v- !41— i "cant Cutting (704-11 E, gr ,, C�ncTrte cuttine.doc Page 8 of 21 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. Workers' Coml)ensation coverage as required by the Industrial Insurance laws of the State of Washington. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of lire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any City of Port Orchard and Evergreen Concrete Cutting. Inc Public Works Project No. P14,2016-040 Small Works Contract No. 094-16 U EN61N EFRIN(i CITY PROJECTS<I RPMON'E STRFE-T WIDFNINO MAIN PROT ECY RL DESIGN FI I.F'.ADM IN YoOt111-W Evc a, (xtaete Cuttingfi094-16 F g—n Conarte °"'ns.ln4 Page 9 of 21 increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Employer's Liability insurance limit of $1.000,000 each accident, Employer's Liability Disease each employee $1.000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool 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 with the claims made policy, and proof of this extended reporting period provided by the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor's employee -owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VI I. City ofPort Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 t;;d'.CINFLRING'('ITYPROJ[iCI'S'rRPMON'rS'rRFFT WIDLNINCi'M,VNPROJFCT ftFDEtiICiN'FILEAUMINpoiholm6•.C�rrgreen C.mcrere CwtfngC041-It hergreen Cannte Cutrnv.d- page 10 of 21 Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City (?f Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project Vo. PG['2016-040 Small Works Contract No. 094-16 U I;NGINFFRINGCFCY PROJI CTS-TREMONT STRFFI WIDENIVi NIA IN PROJECT REDC-SIGN FIt.F ADMIN,Potl ling l.,err,reen Concrete (u1(, e, ('094 IG P—green (-oncrete C.m.g,do, Page I i of 2I CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (CONTRACTS UNDER $35 000 ONLY) 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: (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 bonds payment , 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. Contractor Signature, Date 11 22 '2u Q Bond No. City gfPort Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 LPTNGINFERINGTITY PROJECTSITREMONT STREET WIDENINGIMAIN PROJECT REDESIGN FILE ADMIN`8o1holinggEacrU—. Concrete cutting+C0)94-I6 E_V,een Concrete CWti e.aoc Page 12 of 21 We, PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD SAW CUTTING FOR TREMONT POTHOLING CONTRACT NO. 094-16 (Principal) Bond to City of Port Orchard, Washington Bond No. a surety upon Bonds of Contractors severally bound to the City of and (Surety) Corporation, and as a surety corporation authorized to become with municipal corporations in Washington State, are jointly and Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ }, the payment of which sutra, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the perfonnance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled Saw Cutting for Tremont Potholing Contract No. 094-16("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including 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; and • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.01l(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 Perfonnanee 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 and Evergreen Concrete Cutting, Inc Public Works Project .No_ PW2016-040 Small Works Contract No. 094-16 I FNG IN EER INGCITY PROJFCT'STREMONT STRISLT WIDENING. MAIN PROJECT REDESIGN IILEADMIN Pm o lira/, 1— 91-11 C(111-W (.10119 C094-I6 E—g,—Concrete Cnnmg.no< Page 13 of 21 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 teens 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%). II' 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 day of , 20 Principal Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official Attorney in Fact (Attach Power of Attorney) 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 and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small fi'orhv Contract No. 094-16 t ENGINEER ING`CITY PROJGCTS'SREMONTSTREFI WIDEMNG,MAIN PROJECT REDESIGN FELEi'ADM] MFolholing L•vergreen Cnnu ue Cuving.CO)d-Iv Fve,g—nConeretc gum°gdO1 Page 14 of 21 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF )ss. COUNTY OF �t(7�C If— ) On this lyt day of N N 6'AW ' , 20 11 Q , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the (check one of the following boxes): n 3(CSiGi �i" of EV2rUT�til �.1��1Cf t i CLu el 110c, , the f corporation, tJ ❑ of partnership, ❑ individual, the that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath s atcd that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. SQ��rtrt 4- p� ?0TA,p� fp i A� g fit/ ) AZ 1tt111Q � WA'5 Notary Seal with Ink Stamp cDl,� N Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at _ 0. t o V� GS I , �Dn My Commission expires: -' I I9 I ZO 1$ City of Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 SJnall Works Contract No, 094-16 17:1ENGINEERIN&CITY PROJECTS-AREMONT STREET WIDENINGNA1N PROJECT REDESIGN('11.E,1DMIN,Potholing`.Evergreen Concrete C'ottinglC'fl9d-16, Evergreen Concrete Cmmng.a- Page 15 of 21 SURETY ACKNOWLEDGEMENT STATE OF )ss. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of 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 ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of'Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 l F NGINFER I NC CITY PROJECTS i'MAMNT STREFI wIDFNINO MAIN PROJEfI' RF UF_SIUN FILE AUAIIN I'm] 1,ngk��er�rcen (bnere�c CuumC09q IA. 13—g—, Cbnuele CwmsAo. Page 16 of21 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT CONTRACT# SURETY BOND #: _ DATE POSTED: EXPIRATION DATE: RE: Project Name: Saw Cutting for Tremont Potholing t, PW2016-040 094-16 Owner/Developer/Contractor: Evergreen Concrete Cutting, Inc Project Address: Tremont St KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal'), and , a corporation organized under the laws of the State of 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 dollars ($ ) 20% Total 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: 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) B. The Principal and Surety agree that the work and improvements installed id 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. City o/'Por-t Orchard and Evergreen Concrete Cutting. hie Public Works Project No. PW2016-040 Small Works Contract No, 094-16 C:'ENGINEFT INC, CITY PROJECTS I REMONT STREET WIDLNIN6 MAIN PROJECT RFDESIGN FI LSADMIN9'otl oling'Lvergreen <'oncTcm Cwling.CU94-16 Eeergreen Cmcnie Cutting ao, Page 17 of 21 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 which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. 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: 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 1)(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 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. 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. F. 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. 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 City of Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 l t NGINE[RING CITY PROJECTS'I REMONT STREET WIDENINGIMAIN PROIECP REDESIGN FIL[ ADMIN.Potl olmg E,—green Concrete C utting•C041-I6. Ecergre-Concmte Odtmg.doc Page 18 of 21 filing of any suit, the actual costs incurred by the City, including 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 any judicial proceeding. The Surety hereby agrees that this 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. H. 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. DATED this day of SURETY COMPANY" (Signature must be notarized) By: Its Business Name: Business Address: City/State/Zip Code: Telephone Number: CITY OF PORT ORCEIARD By: Its Public Works Director/City Engineer , 20 . DEVELOPEWOVVNER (Signature must be notarized) By Its Business Name: Business Address: City/State/Zip Code: Telephone Number: Date: CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-1) Corporation (Form P-2) Surety Company (Form P-2) Citv of Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 I' `FNGINEERING CI I'Y PROJECI S TRI-MON-r s rRE FT W IDFNING MAIN VR(NGC I RI:Df:SIGN FJt.I. ADMIN.I'mholinb{;� �gr�ren (ui¢- w Cueing CD44. IG Fe�rgreen Concrete Cun,ng.auc Page 19 of 21 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 is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) tree and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing My Commission expires: City o/'Port Orchard and Evergreen Concrete Cutting, Inc Public Works Project No. PW2016-040 Small Works Contract No. 094-16 L ENGINEERING'(AI Y PROIRl', I R[MONT SfRPEI WIDENING MAIN PROJECI REDhSICN FILE A DM IN Pwl h.gF—g, nCueing C09J-IG CeeW—C'1-0l Cwmi doc Page 20 of 21 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 is the person who appeared before me, and said person acknowledged as the of that (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. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (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. Dated: (print or type name) NOTARY PUBLIC. in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Evergreen Concrete Cutting, Inc Public Workv Project No. PW2016-040 Small Works Contract No. 094-16 U E.NCJINEERING CI rYPROJFCISrR[MONI-STRI:I:I WIDENING' MAIN PROJECT RN UISIGN EIII ADS71 N�Yodu>ling ficererecn Concrete<ntmg {�09416 IAe��r nConcrete Cwmg,d- Page 21 of 21 DATE 11 /22/2016 EMNT A ESTIMATE ATTENTION: Evergreen Concrete Cutting, Inc Thomas P.O. BOX 1751 Sumner, WA 98390 TO: 800480-1494 JOB ADDRESS: City of Port Orchard 216 Prospect st Poert Orchard, WA 98366 Tremont Potholing Port Orchard thunter@cityofportorchard.us Customer Phone Customer Fax Customer Email Estimate Prepared By Admin Intials 360-535-2484 See Above Dale Taylor HR DESCRIPTION QTY COST TOTAL 31) 2.5' X 2.5' X Up to 1 I" Deep Asphalt Perimeter Cutting Total Bid Price Includes Cutting and Disposal of Slurry Only. Work to 2,625.00 2,625.00T be Performed in I Mobilization, During Normal Business Hours (Monday Through Friday). All Cutting Will Be Completed in Two (2) Traffic Control Zones (As Provided By Customer). Customer Is Responsible For All Layout, and Protecting All Vital Areas Into, Out of and Around Cutting Area from Water and Dust Damage -Prior to Evergreen's Arrival on Jobsite. Customer is Responsible to Provide Parking Near Work Location for Evergreen's Trucks and Equipment, and to Provide Any Necessary Traffic/ Pedestrian Control. Customer is Also Responsible For Clearing Work Area to Provide Machine Access, Provide Any Necessary Locating of Utilities, Provide Laborer For Necessary Water Clean Up, and Provide All Removal of Asphalt Debris From Jobsite. Price is Good For Quantities and Description of Work Listed Above Only. Any Additional Work Will Be Billed Accordingly. We look forward to working with you again. $2,625.00 „ (8.7%) $228.38 TOTAL $2,853.38 EVERGREEN CCb'vJ Fr1, (AIMINC, ICY' _..__.. Total Bid Price excludes water control and layout, stand-by time will he billed at $75 00 per hour, per man, unless otherwise stated above Evergreen Concrete Cutting reserves the right to increase bid price accordingly, when cutting or drilling through excessive amounts ofrebar Evergreen Concrete Cutting does not accept responsibility for cutting or drilling into anything covered by concrete or asphalt Bid Price does NOT include USI AH Insurance, unless stated above (additional charges will apply if required) We look forward to working with you!