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5380
ACTION SERVICES CORPORATION
PWA - Installation for Hot-Applied Traffic Markings
Public Works
LEG 12-1
3/5/2014
9/30/2014
11/1/2014
2015
Comments :
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Hnth AcUon Services
Corporafion for installat�on of Hot Applied
Street Traffic Markmgs
Study Session Date
COUNCIL MEETING Date
Department
Presenter
Phone
�' " J
February 26, 2014
AAarch 5, 2014
PW8�U
Chal Martn
473-5758
SUMMARY: This small works roster pro�ect was prov�ded to 109 qual�ed contractors listed on the
MRSC smatl works srte Thr�ee bids were received The lowr b�dder was Action Sennces Corporat�on,
with a bid of $60,760 00 for listed serv�ces, and $63.050 00 for add�onal services by indiwdual task
order The contract's focus �s to reiresh street markmgs on artenal str�eets throughout the City This
contract is a foliowup to a successful 2013 pilot pro�ect to do this work by aonb~ad rather than w�
our m-house forces, which provided substanUal savings to the City (our cost to purchase �ust the
thermoplast�c matenal alone is about double this contract amount). Because this is speaalty work,
this method of accomplishment �s more efficient and saves valuable t�me for our Street crew to
prov�de other necessary street maintenance services The City has budgeted $120,000 for this effort
m 2014 This contract, mcluding all addifional services, exceeds the budgeted amount for this line
item, however, it is manageabte �nnthm our overali Street Fund budget Although we may not use all
of the serv�ces, we would like authonty to utdize all of the services envisioned within the contract
ATTACHMENTS: 1) Bid Tabulafion, 2) Contract
FISCAI, IMPACTS (Indude Budgeted Amount) Fundmg for this contrad �nnll come from Fund 102
(Streets), Ime item 542 3042 54110 Professional Sernces The total bid amount is $123,810 00
STUDY SESSION AGENDA � No Presentat�on � Full Presentat�on
STUDY SESSION ACTOON. � Conse� Agenda ❑ General Business ❑ Public Heanng
RECOMMENDED MOTION: Move to approve a contract �nnth Acfion Serwces Coiporat�on for Hot
Appiied Street Traffic Markings in the amount of $123,810.00, and authonze the Mayor to final¢e and
execute the agreement with substar�ally the same terms and condibons as presented
COUNCIL AC?10N: [�Approve
❑ Deny ❑ Table ❑ Contmue ❑ No AcGon
Fo�„ u�a�a ��roti�2
PUBLIC WORKS AGREEMENT
For
Installation of Hot-Applied Street Traffic Marl�ngs
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Action Services Corporation ("Contractor"), whose mailing
address is P.O. Box 4339, Bremerton, WA 98312.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following services
for the City: Installation of hot-applied street marl{ings in accordance with Exhibit A, Scope of
Services.
2. TIME OF COMPL�TION. Contractor sha11 complete the work by September 30,
2014.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$60,760.00, including applicable sales taxes, for Task #1 of the Scope of Services. Additional
compensation, not to exceed $63,050.00, may be paid for Task #2 of the Scope of Services,
pursuant to individual task orders, at the sole discretion of the City. Applicable Washington State
Retail Sales Tax on this contract shall be, governed by WAC 458-20-171 and its related rules for the
work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will
pay for the portion of the worlc described in the invoice that has been completed by the Contractor
and approved by the City. The City payment shall not constitute a waiver of the City's right to final
inspection and acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, sha11
provide the City a performance bond for the full contract amount of Task
# 1 to be in effect until sixty (60) days after the date of final acceptance, or
until receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
In the event the full contract amount bid for Task #1 is less than $35,000,
pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City
a performance bond, may elect to have the City retain the final fifty percent
(50%) of the Contract amount for Task #1, for a period of sixty (60) days
after the date of final acceptance, or until receipt of all necessary releases
from the State Department of Revenue and the State Department of Labor &
Industries and until settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
B. Retaina�e. In the event the full contract bid for Task #1 exceeds $35,000, the
City shall hold back a retainage in the amount of five percent (5%) of any and
all payments made to contractor for a period of sixty (60) days a.f�er the date
of final acceptance, or until receipt of all necessary releases fiom the State
Department of Revenue and the State Department of Labor & Industries and
PUBLIC WORKS AGREEMENT — Page 1 of 14
(between City of Bremerton and Action Seivices Corporation)
until settlement of any liens filed under Chapter 60.28 RCW, whichever is
later.
C. Defective or Unauthorized Work. The City reserves its righf to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor sha11 be
liable to the City for any additional costs incurred by the City. "Additional
costs" shall mean all reasonable costs, including legal costs and attorney fees,
incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
D. Warranty: Contractor sha11 warranty all work in accordance with the Scope of
Services.
E. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
CONSTITUTE A WANER OF CLAIMS, EXCEPT THOSE PREVIOUSLY
AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as
an independent contractor and not as an employee of the City. The Contractor shall secure at its
expense, and shall be responsible for all payments of income tax, social security, state industrial
insurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all
applicable business licenses, if required, in connection with the contract services, including a11
required licenses for Contractor's officers, agents, employees and sub-contractors.
5. TERMINATION. The City may terminate this agreement without notice for good
cause. "Good cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's failure to supply sufficient skilled workers or suitable
materials or equipment.
B. The Contractor's failure to prosecute the work with such diligence as will
ensure its physical completion within the original physical completion time
specified in this Agreement and any extensions of time which may have been
granted to the Contractor by change order or otherwise.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
PUBLIC WORKS AGREEMENT — Page 2 of 14
(between City of Bremerton and Action Services Corporation)
D. The Contractor's disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for banlauptcy or becoming adjudged bankrupt.
F. The Contractor disregazds the authority of the City.
G. The Contractor performs work which deviates from the Contract, and
neglects or refuses to correct rejected work.
H. T`he Contractor's failure to provide continuous competent supervision.
I. The Contractor otherwise violates in any material way any provisions or
requirements of the contract.
If the City terminates this agreement for good cause, the Contractor shall not receive any
monues due under this agreement, if any, until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions.
7. CHANGES. The City may issue a written or oral work change directive for any
change in the Contract work during the performance of this agreement. If the Contractor
determines, for any reason, that a change order is necessary, Contractor must submit a written
change order request to the City's project manager within two (2) business days of the date the
Contractor knew or should have known of the facts and events giving rise to the requested change.
If the City determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written or oral work
change directive from the City or a change order from the City. If the Contractor fails to require a
change order within the time allowed, the Contractor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Contractor disagrees
with the equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest bv the Contractor. If the Contractor disagrees with
anything required by a written work change directive, oral work change
directive or change order, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Give a signed written notice of protest to the City within one business
day;
2. Supplement the written protest within five (5) calendar days with a
written statement that provides the following information:
PUBLIC WORKS AGREEMENT — Page 3 of 14
(between City of Bremerton and Action Services Corporation)
a. The date of the Contract's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
� change or disruption if the Contractor is asserting a schedule
change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have access
to any of the Contractor's records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid, the
City will adjust payment for work or ti.me by an equita.ble adjustment.
No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts a11
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall
constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related
to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this s�ection
provides, the Contractor also waives any additional entitlement and accepts
from the City any written or oral order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Conhactor completely waives any claims for
protested work and accepts form the City any written or oral order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Cont�actor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to
the claims. Any cla.im for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived by
the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only i fl no such provision is applicable, unless that claim is
set forth in detail in writing and received by the City within seven (7) calendar days from the date
Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a
Contractor's written claim must include the information set forth regarding protests in Section
7.A.2.a.-e.
PUBLIC WORKS AGREEMENT — Page 4 of 14
(beiween City of Bremerton and Action Services Corporation)
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. Contractor shall warranty all work, less normal wear and tear, until
September 30, 2016. Contractor shall have 240 days to perform warranty corrections, once the
warranty work is identified. For the purposes of the watranty, the City shall "batch" the warranty
work to enable the contractor to mobilize and perform all repairs within a single work window.
When defects are corrected, the warranty for that portion of the work shall extend for one year from
the date such correction is completed and accepted by the City. If the Contractor, af�er written
notification, does not accomplish the corrections within the timeframe noted above, the City may
complete the corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
10. IlVDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
ofFicers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages solely caused by the City's
negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
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 azising 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 officials, employees, agents 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 THIS
INDEMNIFICATION CONSTITUTES 'THE CONTRACTOR'S WAIVER OF IIVIMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR TI� PURPOSE OF THIS
INDEMTIIFICATION. THE PAR'TIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall s�.uvive the expiration or termination of this agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors.
Before beginning the work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
PUBLIC WORKS AGREEMENT — Page 5 of 14
(beiween City of Bremerton and Action Services Corporation)
A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liabilitv insurance written on an occurrence basis with
limits no less than $2,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal injuiy, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCi� if applicable; and employer's liability.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City reserves the right to receive a certified copy of all the required insurance policies.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Confxactor and a
copy of the endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City, and it sha11 be an
affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161,
or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6`�'
Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed to
be a breach of this Agreement.
If this contract requires work to be performed in or on navigable waters, the Contractor
shall provide insurance written on an occwrence basis with limits no less than $2,000,000 combined
single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and
Harbor Workers Act and tlle Jones Act.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of work
under this Agreement or any sub-contxact hereunder, the Contractor, its sub-
contractors, or any person acting on behalf of such Contractor or sub-
contractor shall not, by reason of race, religion, color, sex, national origin, or
the presence of any sensory, mental, physical disability, or sexual orientation
discriminate against any person who is qualified and available to perform the
work to which the employment relates.
PUBLIC WORKS AGREEMENT — Page 6 of 14
(between City of Bremerton and Action Services Corporation)
B. Compliance with Laws. Contxactor sha11 comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance
of this agreement.
C. Work Performed at Contractor's Risk. Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done
at Contractor's own risk, and Contractor shall be responsible for any loss of
or damage to materials, tools, or other articles used or held for use in�
connection with the work.
D. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise
any option herein conferred in one or more instances, shall not be constructed
to be a waiver or relinquishment of those terms and rights and they shall
remain in full force and effect
E. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute" arises
between the City and Contractor under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap
County, Washington.
F. Attoi�nev's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this
agreement, each party shall be responsible for payment of its own legal costs
and attorney's fees incurred in defending or bringing such claim or lawsuit;
however, nothing in this subsection shall limit the City's right to
indemnification under Section 10 of this agreement.
G. Written Notice. All communications regazding this agreement shall be sent
to the parties at the addresses listed on the signature page of this agreement,
unless otherwise notified. Any written notice shall become effective upon
delivery, but in any event three (3) calendaz days after the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated on this agreement.
H. Assignment. Any assignment of tlus agreement by the Contractor without
the written consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the provisions
of this agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Contractor.
J. Severabilitv. If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not
affect the validity of the remaining portion of this agreement and the
remainder shall remain in full force and effect.
PUBLIC WORKS AGREEMENT — Page 7 of 14
(between City of Bremerton and Action Services Corporation)
K. Entire Agreement. The written provisions and terins of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by
any representative of the City, and those statements shall not be construed as
foiming a part of or altering in any manner this agreement. This agreement
and any attached Exhibits contain the entire agreement between the parties.
Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall
prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRA O
Acti s Co a on
Print Name: Tonv Sandefur
Title: President
DATE Feburarv 29, 2014
THE CITY OF BREMERTON
/
Print Name: ���1 �.�GL`�
Title: I�.G�./vlr
DATE �� � ' � - f
Notices to be sent to:
CONTRACTOR:
Notices to be sent to:
CITY OF BREMERTON:
�� I0�' S�� # G��
Bremerton, WA 9�2 �j�3a 7
(360) 473-5758
(360) 473-5018 (facsimile)
APPROVED AS TO FORM:
Bre erton City Attorne -
EST: �
Bremerton City Clerk
PUBLIC WORKS AGREEMENT — Page 8 of 14
(between City of Bremerton and Action Services Corporation)
EXHIBIT A
SCOPE OF SERVICES
TASK # 1: The primary purpose of this contract is to refresh the crosswalk and street mazkings on
major arterial streets within the corporate boundaries of the City of Bremerton. Refresh crosswalks,
stop bars and turn arrows per attached list with hot-applied markings. Bidders on this project are
encowaged to conduct site visits to estimate the square footage.
TASK #2: On-call. A secondary purpose of this contract is to provide additional hot-applied traffic
markings as directed, in accordance with the unit pricing provided in the bid proposal.
Additional Information
For all the work requested, Contractor may forego grinding, and apply new marking over existing
given satisfactory documentation that the new material will properly adhere. Please note the
Contractor must warranty the work in accordance with the provisions of paxagraph 9 of this
contract. For all work required in this contract and any additional work, Contractor will provide
traffic control flagging to meet the requirements of Washington State Department of Transportation
Manual M 54-44.04, Work Zone Traffic Control Guidelines, February 2012. Night work is allowed
under this contract with prior approval of the City.
The City, at its sole option, may direct the Contractor through task order to perform additional hot-
applied traffic markings. No task order for additional work shall be for less than 1,000 square feet
of markings. Contractor shall have 120 calendar days to perform the additional work.
Warranty: Contractor shall warranty all work, less normal wear and tear, until September 30, 2016.
Contractor shall have 240 days to perform warranty corrections, once the warranty work is
identified. For the purposes of the warranty, the City shall "batch" the warranty work to enable the
contractor to mobilize and perform all repairs within a single work window.
Street marking standazds; Plastic and paint removal on arterial crosswalks — current standard is hot-
applied material, 2'X 9' bars spaced so as to avoid placement in the wheel track area — typically 5
bars on a standard width 2-lane street; 11 bars on an arterial street with a center turn lane.
Contractor shall remove existing paint or plastic material to ensure adhesion of new hot-applied
material and provide a neat appearance of the newly-applied markings. Stop bar standard is 18 inch
width. For this contract, the traffic arrow standard is as currently applied.
PUBLIC WORKS AGREEMENT — Page 9 of 14
(between City of Brerrierton and Action Services Corporation)
Ezhibit A
Task #1
General Instructions: the annotation "all" means: include surface preparation, removal of old
paint and plastic as necessary, and insta.11ation of new hot-applied traffic markings in accordance
with the City's new standard to include crosswalks, stop bars and traffic arrows. Areas marked with
an asterisk (*) should be prioritized to the extent reasonable and possible. When doing
intersections, do not refresh the ONLY legends. Grind old ONLY markings.
Hot-Applied Street Markings, West Side
Washington and 6` street (all) (refresh old existing — do not replace with new standard)
Kitsap Way intersections:
• At 11 ` (all)
• At Cambrian: stop bar and'/z crosswalk
• At Corbett: all
• At National: all
• At QFC midblock: refurbish crosswalk
• At Oyster Bay: all
• At Arsenal Way/Shorewood: all
• At SR-3/Kitsap Way: crossings but not the crossings on the SR-3freeway ramps
Auto Center Way (all)
Snyder and 19` street: stop bars
Callow Ave and 1 S ` street: Install/refresh horizontal lines at crosswalks
Callow and Rodgers: Arrows
Loxie Eagans Blvd @ off/on ramps (all except SR-3 freeway ramps)
*Naval Ave and 15`� street (all)
*Callow Ave and Burwell (all)
*Farragut and Charleston (all)
East Side
*Lebo @ Stafford West of Juniper (currently painted: refurbish w/ hot-applied)
*Wheaton Way at Lebo/Cherry (East, North, and West legs — south leg will be replaced
via separate contract)
*Wheaton Way and Hollis (all)
*Wheaton Way Sheridan to Riddell center tum arrows
Wheaton Way at Sheridan: extend crosswalks to 9'
Wheaton Way @ Riddell South side only
Trenton @ E 11 `" 1 stop bar
Stephenson and Lebo (Refurbish)
Pine @ Sheridan stop bar North side only
Other spot improvements:
1) Gateway: Install 18" wide bars on the front and back of the two (2) sidewalk crossings --
one crossing just south of 1 S ` street and the other crossing at Burwell.
PUBLIC WORKS AGREEMENT — Page 10 of 14
(belween City of Bremerton and Action Services Corporation)
2) Washington Ave. at end of Burwell: Install new standazd crosswalk on the sidewalk at the
driveway entrance into the Harborside condos.
3) Callow Ave between Burwell and 6`�': refresh horizontal bars delineating in front and back
of the mid-block crosswalk.
4) Pacific Avenue: southbound, north and south of Burwell intersection: install traffic arrows
showing direction of traffic. Northbound, north of Burwell intersection, instait traffic arrow
in northbound lane indicating direction of traffic.
5) Ferry TerminaUWashington large stamped crosswalk: install 18" bars at the front and back
of the crosswalk.
6) Washington at 2" intersection: refurbish the horizontal crosswalk delineator horizontal bars
at crosswalks. Note this work is not using the current city standard, due to the unique
configuration of these crosswalks.
7) Washington at Burwell intersection: refurbish the horizontal crosswalk delineator bars at
crosswalks. Note this work is not using the current city standard, due to the unique
configuration of these crosswalks.
Task #2
Additional hot-applied traffic markings by individual task order, in accordance with the bid
proposal.
PUBLIC WORKS AGREEMENT — Page 11 of 14
(between City ofBremerton and Action Services Corporation)
Bid Proposal
Hot-Applied Street 'I'raffic Markangs
City of Bremerton
Description
Task #1
Various Street Markin�s
Per attached listing
Total
Task #2
Additional Applications by Task Order
Surface Preparation
Hot-Applied Traffic Markings
Total
Estimated Unit Unit Price Total
QuanNty
N/A Lump Sum N/A $60,760.00
2,500 sf
10,000 sf
$60,760.00
$3.50 $8,750.00
$5.43 $54,300.00
$63,050.00
Bids will be evaluated using the following mathematical weighting:
(Task # 1 Total)(2) + (Task #2 Total)
PUBLIC WORKS AGREEMENT — Page 12 of 14
(between City of Bremerton and Action Services Corporatlon)
, _ �-�
RECEIVED
,..
PERFORMANCE BOND
Bond No. 105807311
(page 1 of 2)
KNOW ALL MEN BY THESE PRESENTS,
JUN 2 0 2014
PUBLIC WORKS &
UTILITIES DEPARTMENT
That Action Services Corporation as CONTRACTOR,
and Travelers Casualtv and Suretv Comqanv of America as Surety,
are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of
Sixtv thousand seven hundred sixtv dollars and 00/100ths ($60 760 00) dollars,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been
awarded and is about to enter into the annexed Agreement with said OWNER to perform the
WORK as specified or indicated in the Contract Documents entitled "Public Works Agreement
For Installation of Hot-Applied Street Traffic Markings"; now, therefore,
In the event CONTRACTOR fails to timely or properly perform any of the requirements of the
Contract Documents at the times and in the manner contained therein, the Surety shall be liable
under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to
construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in
excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or
permit conditions or other applicable laws and regulations.
The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared
a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the
Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or
part of the terms guaranteed by this bond, the Surety shall either:
1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable
period of time acceptable to the OWNER. The OWNER agrees to pay the balance of
the Contract price to the Surety in accordance with the terms of the Contract, or
2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if
the amount necessary for the OWNER to cure the default is less than the amount
tendered, the OWNER will return, without interest, any overpayment to the Surety.
PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall
any extensions of time granted under the provisions of said Contract Documents, release either
said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement
is hereby waived by said Surety.
PUBLIC WORKS AGREEMENT — Page ] 3 of 14
(between City of Bremerton and Action Services Corporation)
. �. ,
� , PE�ffORMANCE BOND
(page 2 of 2)
�
The obligation of the Surety shall include reimbursing the City for all costs and expenses,
(including, but not limited to fees and charges of engineers, architects, attorneys, and other
professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the
provisions of this Bond.
The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required
work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot
be canceled by the Surety or the CONTRACTOR.
This bond shall remain in full force and effect until the obligations secured hereby have been fully
performed and until the bond is released in writing by the OWNER at the written request of the
Surety or CONTRACTOR.
IN WITNESS WHEREOF, we have hereunder set our hands and seals this 10th
day of April , 2014_.
(SEAL) (SEAL)
Action Services Corporation Travelers Casualty and Suret Company of Amcrica
RACTOR) urety) � ,
By: gy: '��r=,'
i and SEAL . Faure', Attorne�fact
� (SEAL OTARIALACKNOWLEDGEMENT OF SURETY) '
; ,.Address of Surety to which all notices shall be sent: Whitfield United-Leavitt
••� 3425 Broadw�y Everett_ WA 98201
Address of Surety for service of process
(must be a physical address)
same as above
PUBLIC WORKS AGREEMENT — Pagc 14 of 14
(between City of Bremerton and Action Services Corporution)
THIS POWER OF
��. PO�VER OF ATTORNEY
°fRAVELERS J Farmin�ton Casualt�� Cumpam� St. Paul Guardian Insurance Comp�ny
Fidelit� and Guaranty Insurancc Compan,y St. Paul blcrcury Insurance Compam�
Fidelity� and Gu�rant}� Insur�nce linderw•riters, Inc. Tr�velers Casu�lty �nd Sureh� Compan}�
Seaboard Sumty (:ompany Travelers Casualty and Surety Company uf America
St. Paul P'ire and N1arine Insurance Company United States Fidelity and Guaranty Company
Atturne}� Fact Nu. 214742 Certificate No. O O� V V� O 1`t
K\OW ALI. 14CN RY THESE PRESI ?NTS That Scaboard SurGy Compan� is a corporaUOn dul�- organv.ed under the laws of the State of Ncw Yorh. that St. Paul
Fire and Marine Insurance Compan��. St. Paul Guardian Inwranr� Compan�� and St Paul Mercur�� Insurance Compam• are corpor�uons dul�� organv.ed under the la�vs
of lhe Slalc ol b9inncsota. Ihat Farminglon Casualt�� Company. 1'ra�cici:ti Casualt�� and Surcty Company, and'I'ra��elers Casualty .�nd Surety Company of r'lmcrica arc
coiTorations duh• urganized under the I;ms of� the State uf CnnnecUCUt. that l;nrtcd Stxtes Fidelity and Guarani� Company is a coiporauon duly organized under �he
laws of thc Statc ol Marvland. ihm Pidclu�• anJ Guaranl� Insurance Company is a corpor.iunn dul�� organ¢ed under Ihe laN�s of the Statc of low,i, and ihai Fidehty and
Guaram� Insurance Undenvntcrs, Inc. is a corpuruUUn dul� orgunized imder thr luws of the State of Wisconsin I.herem collectively called the "Cumpanics"), and that
thc Companics du hcrchy makc. ronsiiiutc and ap�oinl
Mary L. Faure
of the Crt� of EvCiCtl . State of Washington , their truc and l aN�ful Attorncy(s)
each in their separate capacit�� if more th:m one is named ahoce, to sign, execute, seal and acknoN�ledge any and all bonds. recognizances, condition�l underlakings and
other �anun�s obli,ator�� in the nature thereof on hehalf of the C'ompanies in their busmess of guaranteeing the fidelitv of persons, ��uaranteein� the perfunnancc of
convacts and czrcu�in� or _�u,ir,mlccing bonds and undw rrqwrccl or pcnn�tcl�m any `ctions or.pruccrdmgs allo�vrd by I:iw.
� � ,� t. � ,�� � k. .
, I � � Y �� * `�`�� tl � �`�� � ����,` 6th
I!V �'�7TNF,�.US US`EREOF. thc Cump����1�a��r caused this instrum�nt,to�be signecl.and their corporate seals to be hereto aftixed, this
� �.
da�- ol' �� g � � �� , �� �,,. , � �
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F'armington Casualty Currop� v `!`� � . ��j� St. Paul Guardian Insurance Company
Fidelit}� :�nd Guaranty� Insura� c,C�mpam���?�l� St. Paul �lercur�� Insurance Company
Fidclity and Cuaranty Insurance Linderw�iters, Inc. Tra�•elers Casualty and Surct}• Compan�
Scaboard tiurety Company Tra�•elers Casually and Surch Compan�• of Amcrica
St. Paul Fire and 1�larine Insurance Company United States Fidelity and (:uarant�� Cumpan��
�su t1' sur�r ��REmu� �
c � Y a""� �!!...NS .•� �ns�'^+. TY qM0 SYB tY
2' a pPaq l ��/, �� �* �y �k Q .��. G9 �JP A 9 y' �J 6 �N� �'fpp e��� ��
O J �0 36 i ' 9� p0.POR 1 4. (�:: 9
3�' 6 0 � IxCORPORATED Ye � Y. �: %r _ "f;m ; W ��oaeoanr � . ,� : °� `� 'S �
Z c "�'[c�' o '' � 9rI � F 1.9 Z 7 '� -'"�'�-� a . : € I' -._ � . W HARTFORD. . J �qfFO � � � ��6qlm
t $ �•. 'n: ;�. o: CONN. CONN. ? in �896
g y 19J 4 Nr y � � c� ��SE:AL,�of - '� oeSEAL, - s • �' ° �
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OFrJEW 0'w�r;� oC, s 1N. AN� - \ � .. .. •�� y 'N � f�� V�
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St:ire of Connecucut
Crty of Hartford ss
B �':
Georg ti Thompson. emor ice Prrsideni
6th August 2007
On ihis the day uf _ . before me personall� appeared Gern���e W.'I'hompson. ���ho acknowledged himself
io be the Seniur Vice President of Farmingtun Casu.ilty Compan��, Fidelrty and Guaranty Insurance Compam-, �idchty and Guaranry Insurance Under���nrers. Inc ,
Seaboard Suret� Cc�mpanv, St. Paul Fire and \qanne Insurancr Company, St Paid Guardi�n Insurance Company. St. Paul Mercur� Insurance Company, 1Ya�elers
Casualty and Surety Comp:my. Tra�•elcrs Casualty and Surct�• Company of Amenca. and United States Fidehq- and Guaranh� Compam�, and that he, as such, hemg
authonzed so �o do. executeil the foregoine msinnnent fur the purpusrs thrrcin �ontained b�• signing on hehalf of the corp�rations by himself �is � duly authorized officer.
G.TF� .
In �Vitness Whereof, I hereunto sct mv hand ,mJ ol7icril sc•al. � � W w" t� • V
h1y Commission expires the 3�th �a�� of June. '_'O I i �-���GS bt:ine C Irtre:iuli. Nuu�ry Pubhc
C`�' -
- �
58440-5-07 Prmted in U.S.A. • `
� �,,.
WARNING: THIS POWER OF ATTOANEY IS INVALID WITHOUT THE RED BO RDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER � .+
Th�s Power of Atrorney �s granted under and by the authority of the following resolutions adop[ecYby thc Boards of Direcrors of Farminglon Casualty Compam�, Fidclity
and Guaranty lnsurance Company. Fidclity and Guaranty lnsurance Unde�riters, Inc., Seaboard Surety Company. St. Paul Fire and Marinc Insurance Company,
St. Paul Guardian Insurancr Company, St. Paul Mcrcury Insurance Company. Travelers Casualty and Surety Compan��, Travclers Casualt�� and Suret�� Company of
America, and Umted States Fidehty amd Guaranty Company, which resolutions are now in full force amd efFect, readmg as follows:
RESOLVED, that the Chairman, the President, any Vice Chainnan, any Executroe Vice President, any Senior Vice President, any Vice President, any Second Vicc
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assis[ant Secretary may appoint Attorneys-in-Fact and Agents ro act for and on behalf
of the Company and may gi��e such appointee such authority as his or her ceruficate of authorrt�� muy prescribe to sign with thc Company's name and scal �vith the
Company's seal bonds, recognvances, contracts of indemnity, and other wntings obli�arory in the na[ure of a bond, recognizance, or conditional undertaking. and sn��
of said officers or the Board of Directors at any time may remo��c any such appomtee and re��oke the power grven him or her; and it i5
FURTHER RESOLVED, [hat [he Cha�rman, the Pres�dent, any Vice Chmnnan, any Execuhve Vice President, any Semor Vice President or any Vice President may
dele�ate all or any part of the fore�oing authoriry to one or more officers or cmployees of this Compan}•, provided that each such delegation is in �vriting and a copy
thereof is filed in the office of the Sccretary: and rt �s
FURTHER RESOLVED, that any bond, recognizance, contract of indemn�ty, or writing obliga[ory in the nature of a bond. recognizancc, or condihonal undcrtaking
shall be vaLd and bmdmg upon the Company whcn I.a) signed by the President, any Vice Chainnan, �my Executi��e V�ce President, any Semor Vice President or any Vice
Pres�dent, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpora[e Secretary or any Assistan[ Secretary and duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if reqmred) by one or more Atrorneys-in-Eact and Agents pursuant to the po�ver
prescnbed in his or her certrfica[e or their cemficares oF authonty or by onc or more Crnnpany officers pursuant to a wniten dcle�ation of authoruv: and it is
FURTHER RESOLVED. that the signature of each of the following o�cers: Presiden[. any Executive Vice President, any Senior V�ce President, any Vice Pretident,
any Assistant Vicc President, any Secretary, any As�istant Secrctary, and the seal of thc Company may be affixed by facsinule ro any powcr of attorney or to any certiticale
relating thereto appointing Res�dent Vice Presidents, Res�dent Assistant Secretaries or Attorneys-m-Fact for purposes only of execuhng and attestm� bonds and
undertakings and other writin�s obligarory in the namre thereof, and any such power of attome�� or cemficate bearing such facsimile s�gnawre or facsimile seal shall be
valid and bindmg upon the Company and any such power so exccuted and certified by such facsimile signawre and facsimile seal shall be valid and bindmg on the
Comp�ny m the fu[ure with respect to any bond or understandmg to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Fannmgton Casualty Company, Fideliry xnd Guaranty Insurance Company, F�dehty and Guaranq� Insurance
Undenvnters. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance
Company. Travelers Casu�lty and Surety Company, Travelers Casualty and Surety Company of America, and lJnited States Pidclity and Guaranty Company do hereby
certify [hat the abovc and foregoing is a true and correct copy of the Power of Atrorney executed by said Companies, �vhich is m full force and effect and has not been
revoked.
lOth April 14
IN TESTINIONY WHF,REOF. I have hereunro set my hand and affized the seals ot`said Companies this day of , ZO _.
. _ - ' . . G=_/�r�yG/ ' '"
' Kon M. Johans Assistant Secretary
G�6U� SU�ly HRC 6�'^ �M �MS .•� �NS "� �tY AND Suq ��rt Y
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o� n d � . �O�NEW� ini�nn 1 S.AN��' 1 b�`
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To venfy the authenticity of this Power of Attorney, call I-800-421-3R30 or contact us at www.vavelersbond.com. Plcasc refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
RED