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HomeMy WebLinkAbout5472Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5472 ACTION SERVICES CORPORATION PWA - Installation for Hot-Applied Traffic Markings Engineering LEG 12-1 4/22/2015 8/31/2015 10/1/2015 Comments: �� 6 -f 7 ACORD DATE(MMIDDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 4/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amber Harris NAME: Leavitt Group Northwest PHONE 253-328-8558 FAXC. 866-728-9168 ;miss:PO Box 9068 RECEIVED (E �.EXt►: wc.Ne►: amber-harzia@leavitt.com INSURER(S)AFFORDING COVERAGE NAIC 0 _ Tacoma WA 98490 APR 0 6 2016 INsuRERA:American Fire a Casualty CO INSURED Company 24066 INSURERB:Wiest American Insurance Company 44393 Action Services Corporation INsuRERc:Ohio Casualty Insurance Company 024074 P 0 Box 4339 City of Bremerton INSURER D: Risk Management INSURER E: _ Bremerton WA 98312 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1632507012 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS° WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ - A CLAIMS-MADE X OCCUR DAMAGETO RENTED PREMMISES(Ea occurrence) $ 1,000,000 X BZA57156818 4/12/2016 4/12/2017 1 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $ 2,000,000 POLICY X PES LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Pesticide $ Included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B L ANY AUTO BODILY INJURY(Per person) $ X AUTOS AOWNED X AUTOS SCHEDULED RA1156455795 4/12/2016 4/12/2017 BODILY INJURY(Per accident) $ _ NON-OWNED PROPERTY DAMAGE 11 X HIRED AUTOS X AUTOS !,(Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 ^ C EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 US054700529 4/12/2016 4/12/2017 $ WORKERS COMPENSATION PER „ OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A A - - (Mandatory in NH) BKA57156818 4/12/2016 4/12/2017 E.L.DISEASE-EA EMPLOYE $ 1,000,000 It yes,describe under WA StopGap OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater I BKA57156818 4/12/2016 4/12/2017 Leased&Rented 25,000 Deductible$1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is additional inusred per the terms and conditions of form CG8810 0413 and CG8870 1208. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 600 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE .17:>. �7 Dan Olson/MEVO r-�,444....e.--- - c-�-`-- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 1201401) COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 • KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 A J . With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs (3), (4)and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: • (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused.in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the followingadditional provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or • (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 • 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such "bodily injury"or"property damage"occurs. c. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 . b. The following is added to Paragraph b. Excess Insurance: • When a written contract or written agreement,other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is . excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy,whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury"or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 • ' Paragraphs (a) and (b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you, includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or"personal and advertising injury"arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. • d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or"suit" by an agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock,fright or death that results from such physical injury, sickness or disease. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 '. • P. EXTENDED PROPERTY DAMAGE • Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV— Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. • ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of"bodily injury"or"property damage" included in the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 PUBLIC WORKS AGREEMENT � For Installation of Hot-Applied Street Traffic Markings THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Action Services Corporation ("Contractor"), whose mailing address is PO Box 4339, �remeton, WA 98312 . The parties agree as follows: 1. CONTRAC'TOR SEItVICES. The Contractor shall perform the following services for the City: Installation of hot-applied street markings and additional street traffic marking services in accordance with Exhibit A, Scope of Services. 2015. 2. '�I1VIE OF COMPLETION. Contractor shall complete the work by August 3l, 3. COMPENSATION. The City shall pay the Contractor the total amount of $56,072.00 including applicable sales taxes, for the Tasks #1 and #2 of the Scope of Services, as indicated in Exhibit C, Bid Proposal. Additional compensation, not to exceed $57,375.00, may be paid for Task #3 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 work 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 RC W, the Contractor shall provide the City a performance bond for the full contract amount of Tasks # 1 and #2, 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 t.� settlement of any liens filed under Chapter 60.28 RCW, whichever is later. See Appendix D. 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 #l, 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 after the date PUBLIC WORKS AGREEMENT — Page 1 of 16 (between City of Bremc:rton and 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. C. Defective or Unauthorized Work. The City reserves its right 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 shall 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 shall warranty all work in accordance with the Scope of Services. E. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF F1NAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE T1ME 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 taa, 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 all 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. PUBLIC WORKS AGREEMENT — Page 2 of 16 (be[ween Citv nrBrentertofi a�td C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. 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 monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall t31e 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. lf 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 by 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: Give a signed written notice of protest to the City within one business day; PUBLIC WORKS AGREEMENT — Page 3 of 16 (behveen City of Bremerton a�td ) 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: 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. 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 time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Dutv 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 Chan es. The Contractor accepts all 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 section 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 Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. � CL.AIMS. The Contractor 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 claim 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 PUBL[C WORKS AGREEMENT — Page 4 of 16 (between Citv ojBreme► and 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. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING 1N 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, 2017. 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. 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. lf the Contractor, after 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. INDEMNIFICATION. 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.I15, 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 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 1NDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall agreement, insurance against claims for injuries to from or in connection with the performance of the representatives, employees or subcontractors. procure and maintain for the duration of this persons or damage to property that may arise Contract work by the Contractor, its agents, PUBLIC WORKS AGREEMENT — Page 5 of 16 (between Citv of Bremerton and ) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: B. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and C. 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 injury, 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 (XCU) if applicable; and employer's liability. Any payment of deductib(e 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 Contractor 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 the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide 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 claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract 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. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the perforrr►ance of this agreement. PUBLIC WORKS AGREEMENT — Page 6 of 16 (benveen Ciry of Bren:erton ar:d 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. Use of Photographs and Ima� Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. 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 F. Governin� 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. G. Attorney'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. H. Written Notice. All communications regarding 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 shail become effective upon delivery, but in any event three (3) calendar 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. I. Assi�nment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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. K. 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. L. Entire Agreement. The written provisions and terms 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 forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. PUBLIC WORKS AGREEMENT — Page 7 of 16 (behveen Ciry of Bremerton ar:d 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 betow have executed this agreement. CONT 61�-----� A ion r�s- ti . Pnn ame: Tony D. Sandefur Tttle: President/CEO DATE March 20, 2015 THE CITY OF BREMERTON � t� Print N e• �T �� 1 — Title: /li �- 2 DATE �4 �i L � � Notices to be sent to: CONTRACTOR: Action Senrices Corporatlon PO BOX 4339 Bremerton, WA. 98312 Skip(c�qetasc.com tony@getasc.com amy@getasc.com Notices to be sent to: CITY OF BREMERTON: _ rL''�.'3/�"�� , r � '1it�. Bremerton, WA 98 �3 (360) (360) (facsimile) APPROVED AS TO FORM: — Bremerton Ci ttorney EST: � Bremerton City Clerk PUBLIC WORKS AGREEMENT — Page 8 of 16 (behveen Ciry ofBrernerton and Action S ervices Com ) Exhibit A SCOPE OF SERVICES TASK # 1: The primary purpose of this contract is to refresh the crosswalk and street markings on major arterial streets within the corporate boundaries of the City of Bremerton. Refresh crosswalks, stop bars and turn arrows with hot-applied markings; grind/remove previously applied street markings; all per attached list. Bidders on this project are encouraged to conduct site visits to estimate the square footage. TASK #2: Re-channelization, traffic markings and parking ticks on 11 ` street, from Warren Avenue to Washington Avenue, per attached graphic. See Exhibit B. TASK #3: On-call. 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 paragraph 9 of this contract. For att work required in this contract and any additional work, Contractor �vill provide traffic control flagging to meet the reyuirements 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 syuare feet of markings. Contractor shall have 120 calendar days to perform the additional work. Street markin� standards; Plastic and paint removal on arterial crosswalks — current standard is hot- applied material, 2'X 9' bars (some crosswalk bars are 12') 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 the "narrow" standard. If applying new arrows, grind/remove old "wide" standard and replace with narrow. PUBLIC WORKS AGREEMENT — Page 9 of 16 (benveen Citv of Brenierton and Task #1 General Instructions: grind, install, or refresh as indicated below. Hot-Anplied Street Markings • 6` Street at Montgomery: Refresh all legs and extend crosswalks to 9' on Montgomery • 6` and Callow: Extend crosswalk piano bars on Callow to 9' in length; repair all other previously-applied torchdown material in intersection • Callow, 6`" to 11�', including the Callow/11` intersection: crosswalks, stop bars and arrows • Callow, 6` to 11 �': refresh all parking tics • 1 S ` and Callow: crosswalks and stop bars east side • 2" and Pacific: refresh • 1 Sc and Pacific: refresh • �" and Washington: crosswalk (2" • 4` and Washington: refresh west side crossing on Washington and extend to 9' in length • 6` and Warren: refresh • Wilbert and Kitsap Way: stop bar • Marion at Arsenal: stop bar • Constitution and Arsenal Way: stop bar • Yantic, Arsenal, and Hartford at Patton: stop bars • Bertha at Marine Drive: stop bar • Morgan at Kitsap Way: stop bar • Kitsap Way Northlake Way to Harlow: left turn lane • Corbett and 15` : stop bar • 15`" street and Wycoff: stop bars • 13` and Wycoff: stop bars south side • 15`" and Callow: stop bars south side • 15' and High: stop bars • 15` and Naval: repair ablated stop bars and crosswalks bars where needed � 15' and Park: stop bars crosswalks and arrows • 11` street Park to Pacific: left turn arrows in turn lanes 2 sets • 18' and Winfield: stop bars • Cherry and Callahan: stop bars • • Cherry and Sheridan: remove crosswalk • 1 S ` and Bruenn: stop bars • Callahan and Wheaton: stop bars � Schley and Callahan: stop bars • Crosswalk on Callow approximately mid-block between 6' and 11` refresh • 4 Street, Pacific to Park: delineate crosswalks at each end of the raised brick tabletop by marking the concrete perpendicular strips with hot-applied material. There will be 4 horizontal delineators (2 crosswalks) • Park and 5` remove all old crosswalk markings and stop bars. Replace all with new standard (9' piano bars; 18" stop bars all sides of intersection) PUBLIC WORKS AGREEMENT — Page 10 of 16 (bet►vee�r Citv of Bren:erton ar:d • Park and 6` remove all old crosswalk markings. Extend current 8' crosswalks to 10' by adding 1' of length on each end. Refresh stop bars as needed. • Park and 11 ` remove all old crosswalk markings and stop bars. Replace all with new standard (9' piano bars; 18" stop bars all sides of intersection) • 11 ` Street westbound, approaching Warren Avenue: grind traffic arrow • Pacific 5` to l sc : refresh white horizontal delineator bars, all crosswalks, and all stop bars, all sides of intersections • At Pacific and Burwell: install arrows in direction of traffic, on Pacific, both sides of intersection, positioning to provide approximately 10 feet of separation from crosswalks. (5 arrows total -- note: asphalt is pervious) • Kitsap Way bike lanes: refresh existing bicycle symbols and add a total of 6 additional bicycle symbols at locations to be determined • SR-304 bike lanes: refresh existing bicycle symbols and add a total of 6 additional bicycle symbols at locations to be determined • At Olympic College: 18` street entrance ramp to southbou�d Warren Avenue: refresh stop bar with 24" wide stop bar • At Olympic College: at college main entrance onto Warren Avenue, grind sequential stop bars and replace with new, 24" wide stop bar across both lanes (keep within traffic loop — consult with City for exact placement of new stop bar) • North end of Warren Avenue Bridge, southbound on-ramp: refresh crosswalk (this is a single lane on-ramp) • Manette Bridge east roundabout: refresh all crosswalks and traffic markings, �including "Yield Ahead" on eastbound lane approaching roundabout • Manette Bridge / Pitt: refresh existing stop bar to new standard; install new stop bar southbound on Pitt • E. 13` at Vandalia: install stop bars on E. 13` west and east side of intersection • Warren and Sylvan: remove all old crosswalk markings and stop bars on Sylvan, east and west side of intersection. Replace all with new standard (9' piano bars; 18" stop bars) • Warren and Sheridan: remove all old crosswalk markings and stop bars on Sheridan, east and west side of intersection. Replace all with new standard (9' piano bars; 18" stop bars) • On Sheridan at Claire: grind out old crosswalk markings, do not replace • Perry at E.11 `": Install stop bar on Perry, southbound lane • Parking ticks: refresh on E. 11` Pitt to Whitey Domstad Park (1 block) Task #2 See annotated plan, attached. This task involves removing delineator candlesticks; removing parking ticks; installing parking ticks; installing raised pavement markings; installing signage, and installing additional traffic markings. Task #3 Additional hot-applied traffic markings by individual task order, in accordance with the bid proposal. PUBLIC WORKS AGREEMENT — Page 1 l of 16 (between Citv of Bremerton and Exhibit B Graphic for '1'ask #2 PUBLIC WORKS AGREEMENT — Page 12 of 16 (behveen Citv orBremerton and r °1 - PARKING NOTE: ADJUST PARKING SPACES LOCATION TO AVOID CONFLICT WITH EXISTING DRIVEWAYS. REMOVE EXISTING PARKI NG STALLS AN D DELINEATORS (IF ANY). 1 "=100' ' -I - - . - , '� � : L .� Q -. _ - ., � W ' = _. . , , ' - - - - � 11 TH PLACE N ., , � .. _ _ „ � � - _ __ " ,. � �u � - � �..__ • - --------- i U r'^' �- -' I � . I ' I I ; R M DVC NDLEST CKS, qNp � � I �NG TICKS INSTALL PARKING TICKS EXIST PARKING STAYS EXIST. PARKING STAYS ` ` + + ' + + - --- � �— ���� � . . .� � • • • • s G STAYS EXIST. PARKING STAYS EXIST. PqRKING STAYS ' ; 11 TH ST. ; 11 Th! ST. I Q FUTURE BU S OP Q ` � j � ------- . . W � U . , �,n'' Q ` . i O U ____. � . - v a ... . Q ' i , - _ -- �. . Q -- - - . ;�.. � . . • �..- ��� .. - , W . _ , , __ _ --� . , , . ...... . .. . : . . a • a , i ' ' � --.- �.—.__.� r � i i , ' - . � - . ----- � • _ �� � _� __ I - �-.—.—_. _—.__ . _ .. ' _... � ; � . � -� . --- -- � _. _ ' i ; . _ _i � � 7 �, Z ., � � z i ; Q � Description Task #1 Various Street Markin�s As listed in Exhibit A Exhibit C Bid Proposal Hot-Applied Street Traffic MarDcings City of Bremerton Esti�xeated IJnit Unit Price Total Quantity Task #2 11�Street Rechannelization and Parltin� Per attached drawing in Exhibit B Tmsk #3 Additional Work by Task Order Surface Preparation / grinding Hot-Applied Trafftc Markings Total N/A N/A Lump Sum N/A Lump Sum N/A 2,500 sf $2•99 10,000 sf $4.99 $55,900.00 $1,700.00 $7,475.00 $49,900.00 $114,975.00 Bids will be evaluated using the following mathematical weighting: (Task #1 total) (2) + (Task #2 total) (2) + (Task #3 Total) � PUBLIC WORKS AGREEMENT — Page 13 of 16 (between City of Bremerton and ����) Exhibit D PERFORMANCE BOYdD Bond No. 106146515 (page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Action Seroices Corporation as CONTRACTOR and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Hundred Twenty Four Thousand Nine Hundred Seventy Seven Dollars and 83/100ths ($124,977.83) dollars, for the payrrent 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 "City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington, 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 1�4 o 16 (between City ofBremerton and ,��7(.�I ,iGWiG�S) PERFORMANCE 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. I�N WITNES �.�5 WHEREO�F, we Z oaSe hereunder set our hands and seals this 2ist day � Travelers Casualry and Surety Company Action Services Corporation �S� of America � (SE/�1L) TOR) /I (Surety By: — By. ,`� /' j ; -- " � (S gnature and SEAL) Mary L�,Raure' i I ture and S L� ����ney in"fact '� ���� ,� � ' � .. (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) ��. • Address of Surety to which all notices shall be sent: r�a�eiers s��ery 501 4th Ave. Swte 1000 Seattle, WA 98101 AddfeSS Of SUf2�/ f0� Se1VICe Of p�OC@SS: same as above (must be a physica� address) PUBLIC WORKS AGREEMENT — Page 15 of 16 (between City of Bremerton and �}-(,�'j (kl �PiYYI � THIS POWER OF ATTORNEY IS .4�. POWER OF ATTORNEY ��Q������ � Farmington Casualty Company 5t. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. TYavelers Casualty and Surety Company Seaboard Surety Cumpany 1Yavelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 2�4742 Certificate No. O O� V V� O 1 J KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company �s a corporauon duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under �he laws of the State of Minncsota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that Unrted States Fidelity and Guaranty Company is a corporation duly oroanized under the laws of �he State of Maryland, that Fidelity and Guaranty Insurance Company �s a corporauon duly organized under the laws of the State of lowa, and that Fidelity and Guaranty Insurance Underwr�ters, Lnc is a corporat�on duly organized under the laws of the State of Wisconsin (herein collectively called the "Compan�es"), and that the Companies do hereby make, const�tute and appomt Mary L. Faure of the C�ty of EVeT'Ctt , State of _ WBShlIIgt01] , the�r true and lawful Attorney(s)-in-Fact, each in their separate capac�ty if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, cond�tional undertakings and other wntings obligatory in the nature thereof on behalf of the Companies in their bus�ness of guaranteemg the fiJelity of persons, guarantee�ng the performance of contracts and execut�ng or �uarantee�n� bonds and undertah�ngs requ�red or permitted.in any actions or proceedings allowed by law ' 6th 1N WITN AU US EREOF, thc Comp•20 caused ih�s �nstnimeni�io be signed and thei� seals to be hereto aftixed, this day of g � Farmington Casualty Company Fidelity and Guaranty Insurancc Companv •. Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. P�ul Fire and Marine Insurance Company St. Paul Guardian Insurancc Company St. Paul Mercury Insurance Company '1S Casualty and Surety Company Tlravelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI�SU �� S�rY J�FIR�E�b� f���� G .Pj �NS(iq`'... P �TY ANp SIW �Y� j s pppOq� r � O �,OPPoxa * � QO:: "....., ., � .+'`J . 9 ,�` - v_ yJ y� � / A� ' �� ` E!Y �� O5 �0(1 � ��al�T�� � � � ma �rCOPPOF�)F.m iW:�ORPOR9lF�tuE � �w�u�� I � 1982 O � �.9� 1.927 = . � zS. —._ .�: a < C`�`m^��J�l�` � ��� � O� � 195f � °' i y,i � o £ �`SEAL,�ojl - ` � CONN ; g� / o� 1896 � r H �/ !S� �.1' ,(� e, s� E e � o . .. . a r v�� . .•'a 'Oe `h� �'�S+ O� ti i 1� OFNFIi �w�:m ;;',�� \ fS ;rAN�,r ♦ , �...... r �'� di '� `. • �M� 'q7 AHI b� A � .�..�.` \a�.ves' State of Connecucut C�ty of Hartford ss. By: Geor� Thompson. emor icc President On this the 6th � � AU9USt 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior V�ce Pres�dent of Farm�ngton Casualty Company, Fidelity and Guaranty Insurance Company, Fidel�ty and Guaranty Insm Underwnters, lnc., Seaboard Surety Company, St Paul Fire and Mar�ne Insurance Company, St. Paul Guardian Insurance Company, St. Paul A4ercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States F�delity and Guaranty Company, and that he, as such, being authorized so to do, executed the fa instrument for the puiposes therem conta�ned by stgning on behalf of the co�porations by himself as a duly duthorized officer. � In Witness VVhereof, I hereunto set my hand and offic�al seal. � � W w`� �• � My Comm�ssion expires the 30th day of June, 2011 � R.����� * Mane C Tetreault. Notary Pubhc ,� 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHO THE RED BORDER • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER � Th�s Power of Attorney is granted under and by the authonty of the followmg resolutions adopted by the Boards of D�rectors of Farmmgton Casualty Company, F�del�ty and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Manne Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now �n full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice Pres�dent, the Treasurer, any Ass�stant Treasurer, the Corporate Secretary or any Assistant Secretary may appo�nt Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appo�ntee such authority as h�s or her certificate of authority may prescribe to s�gn with the Company's name and seal with the Company's seal bonds, recogmzances, contracts of indemnity, and other wntings obligatory m the nature of a bond, recognizance, or condihona] undertalang, and any of said officers or the Board of D�rectors at any ume may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executroe Vice Pres�dent, any Semor Vice President or any V�ce President may delegate all or any part of the foregoing authori[y to one or more officers or employees of th�s Company, provided that each such delegation �s in writing and a copy thereof is filed m the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of �ndemnity, or wr�ting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any V�ce Chairman, any Executive Vice President, any Senior Vice Pres�dent or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Ass�stant Secretary and duly attested and sealed with the Company's scal by a Secretary or Ass�stant Secretary; or (b) duly executed (under seal, �f required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescnbed in his or her cert�ficate or their certificates of authority or by one or more Company o�cers pursuant to a written delegation of authority, and it �s FURTHER RESOLVED, that the signature of each of the following officers: President, any Executrve Vicc President, any Senior Vice President, any Vice Pres�dent, any Assistant Vice President, any Secretary, any Ass�stant Secretary, and the seal of the Company may be affixed by facs�mile to any power of attorney or to any certificate relaunL thereto appointino Resident Vice Pres�dents, Res�dent Assistant Secretanes or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearin� such facsim�le s�gnature or facsimile seal shall be val�d and bind�ng upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be val�d and bindmg on the Company m the future with respect to any bond or understandm� to which it is attached. I, Kon M. Johanson, the undersigned, Assistant Secretary, of Farm�ngton Casualty Company, Fidelity and Guaranty Insurance Company, Fidel�ty and Guaranty insurance Underwnters, Inc., Seaboard Surety Company, St Paul Fire and Manne Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surcty�C�mpany qf`America end Un�ted States Fidelity and Guaranty Company do hereby certify that the dbove and forego�ng �s a true and correct copy of the Power:cjf Attoiney executcd by caid`Companies, whuh is in full force and effect and has not been revoked. ;;k�'` • . ,'�`�' 1 '" �i, .��'. .� : ,� .. E �..�;�: � ;:1'`�:..> •, �;.�,�: .. , �x'.`'. " � �� ` ' y� ` 21st April 2015 ��. .. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seals of satd�.Coinpanies this day of ,�0 �'c. � w <.t• � C \. - — . � �i ., t. � YR�K c e �;.' i +. •a,. � �� y .. � i'�'' � �`��V `^' \. r� . \. > ` `i. �' �� "_k • � C/-��/''=' <% _ " r r + . � \ .`•. ��. r'.� , � `'�� �' Kon M. Johans Assistant Secretary �nsu,�� SUREIy F�ae ��M IMS� �',�� �HSUq •u. p �TY Ap "'w ���( y . I ,_ 2�p,p: q� )• L �npo4 * J y� O. ;........._ q #+' jP .. q yJ 9 � ETY[' �FY' "YJ O y p� �O � G P Q � PPOR f 4. C ? : P y / 4 4' Y � C1 �� w � F. �� r.LO �>F� a P pPOflAT 1^ : " � �/ 1 � V y �� o � ,� ^ I7 � ��PORATED �I .qZ I g '^ � � � i " i'�"' � f : �� -•_ f ' � = a HARTFORD� s � 3 l WIRIFORD,' �S a ��h1� Z ; ' 1951 Y �r � ��'SEALio"s ;�t �o: WO A � �O< � y, ��'� �d 11� r�,�'k ,� �~'� E� 6 ��:, � SEAL.`3' W COreN o . \ r •........: sAf o' •.. . - '`a ° s cavM 1896 D � ' • a'+ 1 pr�£+� "'ym�,,," r'!S AN� \.. . �a 6 „+ +. v. A7! AN�� . 1 ., M � � A To verify the authentuity of this Power of Attorney, call 1-800-421-3880 or contact us at www travelersbond.com. Please refer to the Attorney-ln-Fact number, the above-named individuals and the details of the bond to wh�ch the power is attached. WARNING: THIS , . . . ; -- Q � ' �' `-. - � - _ _ _ _ , W ' . . ... ...,.. _ . . ' _. . .. . .- __' 11 TH PLACE , 2 - � " � .. - � . �. __ .. -- ` ; U ... -. � � " -� R MOVE EXiST. DELINEATORS ' . _ ND CANDLESTICKS, AND ' ING TICKS _ INSTALL PQRKING TICKS EXIST. PARKING STAYS EXIST. PARKING STAYS • ` + + + w + + ` - � 170' ! ` ` '• • • • • • G STAYS EXIST. PARKING STAYS EXIST. PARKING STAYS ' j 11 TH ST. ; 1> TH ST. _ , � Q FUTURE BU S OP Q � j Z f__..; W - U . � . , Q ' ' , o V L----� . � , � V � .. Z � � - - �� �� . _ _ � __.' . � -- - - , ... _ 1 -----! .. . . � _ �, - • , . �: . - _, , . � -- � ____ � - � � . . � � � _ . .._ .__ � ,� _ ----- - - , r 1 - PARKI NG NOTE: ADJUST PARKING SPACES LOCATION TO AVOID CONFLICT WITH EXISTING DRIVEWAYS. REMOVE EXISTING PARKING STALLS AND DELINEATORS (IF ANY). 1 "=100' . . � _ � , I . U� 7� � Z ` Z � � Q _� 3 ( L a� 16