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HomeMy WebLinkAbout5826AGENDA BILL CITY OF BREMERTON 6C CITY COUNCIL SUBJECT: Contract Award for Construction of Manette Park Renovation Project to Sound Pacific Construction, LLC. Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: April 25, 2018 May 2, 2018 Parks & Recreation Jeff Elevado (360) 473-5428 SUMMARY: Sealed bids for construction of the Manette Park Renovation Project were opened on April 2, 2018. Three (3) bids were received. Sound Pack Construction, LLC was the lowest responsive, responsible bidder with a bid of $979,371.54 (WSST included) for park elements and $33,850 for right-of-way and storm water elements for a total contract amount of $1,013,221.54. ATTACHMENTS: 1) Bid Tabulation; 2) Project Budget Summary; 3) Manette Park Concept; 4) Contract FISCAL IMPACTS (Include Budgeted Amount): Budget Adjustment to increase the 2018 Parks Capital Construction Fund by $1,503,000 for the Manette Park Renovation Project. Funding for the project include: $750,000 from RCO grants, $96,000 from private donations, $571,000 from the General Government Capital Improvement Fund and $85,000 from the General Fund for City Parks Labor. A $70,000 transfer from the General Government Capital Improvement Fund was previously authorized and budgeted in 2017 for design. The total project budget is estimated at $1,573,000. STUDY SESSION AGENDA: ❑ Limited Presentation ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award a contract in the amount of $1,013,221.54 (WSST included) to Sound Pacific Construction, LLC for construction of the Manette Park Renovation Project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further authorize a project budget adjustment in the amount of $1,503,000 per the attached project budget summary. COUNCIL ACTION: [Approve Forth Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY City of Bremerton 233-1896-143 Marietta Park Renovation 1-37 March 2018 Contract Documents Certification of Compliance with Wage Payment Statutes (This page intentionally left blank) City of Bremerton 233-1896-143 Manette Park Renovation 1-38 March 2018 Contract Documents Certification of Compliance with Wage Payment Statutes CONTRACT (Page 1 of 4) j THIS AGREEMENT is dated the �''1" h— day of MH in the year 2019 by and between the City of Bremerton (hereinafter called CITY) and SOUND PACIFIC CONSTRUCTION, LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled MANETTE PARK RENOVATION. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 70 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Z;�/ ontractor Initials City of Bremerton 233-1896-143 Manette Park Renovation 1-39 March 2018 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers 1 to 3 , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton 233-1896-143 Manette Park Renovation 1-40 March 2018 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements of the Davis -Bacon and related acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton By By Attest T Address for giving notices CONTRACTOR SOUND PACIFIC CONSTRUCTION, LLC OcRPORATE SEAL] Attest 1 Address for giving notices License No. SOUNDPC842J8 City of Bremerton 233-1896-143 Manette Park Renovation 1-41 March 2018 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Si nat e) ASSN . (Titl City of Bremerton 233-1896-143 Manette Park Renovation 1-42 March 2018 Contract Documents Contract CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF WA ) ) ss. COUNTY OF Pierce ) I HEREBY CERTIFY that a meeting of the Members of the LLC SOUND PACIFIC CONSTRUCTION, a Limited Liability Company existing under the laws of the State of WASHINGTON held on MAY 8 , 2018 , the following resolution was duly passed and adopted: "RESOLVED, that TOM ABPLANALP and JOHN BRUNSON , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated MAY 8 , 2018 , to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 8th , day of MAY , 2018 SOUND PACIFIC CONSTRUCTION, LLC A Limited Liability Company By: Member By: 4114 4-� Member (SEAL) City of Bremerton 233-1896-143 Manette Park Renovation 1-44 March 2018 Contract Documents Contract Certificate ACORO® CERTIFICATE OF LIABILITY INSURANCE DAT5/07/2018 !) 05/07/2018 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(les) 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 NAME: Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 PHOIAIC.NE EXtl, 425-709-3600 ac No): 425-709-7460 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 7/25/2018 INSURERA: The Ohio Casualty Insurance Co. DAMAGE ( RENTED PREMISESS $ 1,000,000 occurrence INSURED Sound Pacific Construction, LLC INSURER B : 3902 157th St. Ct. NW INSURER C: INSURER D: Gig Harbor, WA 98332 INSURER E: AUTOMOBILE INSURER F: COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE OF INSURANCE JHZ L SUER POLICY NUMBER MM/DDPOLICY EFF MMIDD EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR BKO1857443067 7/25/2017 7/25/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE ( RENTED PREMISESS $ 1,000,000 occurrence MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX JECT F-1 PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAROCCUR EXCESS LIAB HCLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? r (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A STATU- OTH- LMT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Exhibit of Insurance. CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1of1 (JHN00) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Park & Recreation AUTHORIZED REPRESENTATIVE 680 Lebo Boulevard Bremerton, WA 98310 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1of1 (JHN00) PERFORMANCE BOND (Page 1 of 2) Bond No. 812376P KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction, LLC as CONTRACTOR, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Million Thirteen Thousand Two Hundred Twenty One and 54/100ths-- 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 "Manette Park Renovation"; 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 OWNER'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. 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. City of Bremerton 233-1896-143 Manette Park Renovation 1-47 March 2018 Contract Documents Performance Bond PERFORMANCE BOND (Page 2 of 2) 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 for a period of one (1) year following final acceptance of the project by the City, 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 day of , 2018 . Sound Pacific Construction, LLC (SEAL) (SEAL) Developers Surety and Indemnity Company /(CONTRACTOR) (Surety) By: / By: R/t vk� (Si nature and SEAL) (Signature and SEA Jana M. Roy, Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SUR ) Address of Surety to which all notices shall be sent: Developers Surety and Indemnity Company Address of Surety for service of process: (must be a physical address) 5 Centerpointe, Suite 350 Lake Oswego, OR 97035 Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 233-1896-143 Manette Park Renovation 1-48 March 2018 Contract Documents Performance Bond PAYMENT BOND (Page 1 of 2) Bond No. 812376P KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction, LLC as CONTRACTOR, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Million Thirteen Thousand Two Hundred Twenty One and 54/100ths-- 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 CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "Manette Park Renovation"; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. 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 thereunder, 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 CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee 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. City of Bremerton 233-1896-143 Manette Park Renovation 1-49 March 2018 Contract Documents Payment Bond PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of 2018. Sound Pacific Construction, LLC Developers Surety and Indemnity Company CONTRACTOR) (Surety) By. 4� By: (Signature and SEAL) —0(Signature and SEAL) Jana M. Roy, Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Developers Surety and Indemnity Company Address of Surety for service of process: (must be a physical address) 5 Centerpointe, Suite 350 Lake Oswego, OR 97035 Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 233-1896-143 Manette Park Renovation 1-50 March 2018 Contract Documents Payment Bond POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: **`Jana M. Roy, Guy P. Armfield, Scott McGilvray, Jill A. Wallace, Elizabeth R. Hahn, Susan B. Larson, Scott Fisher, Deanna M. French, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, Andrew Larsen, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. ANDBy: VANYOi Daniel Young, Senior Vice-President�coVo^4r��;- tri vmo c - _ 1936:<: 1 7 0 o 0. Mark Lansdon, Vice -President p".... *�•.•' t,tt5t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Date Here Insert Name and T& of the 011im personally appeared Daniel Young and Mark Lansdon Names) of *neO) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshefthey executed the same in histherltheir authorized yyrcapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of C' LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission #r 2081945 L '+ Notary Public - Calltomia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange Countytrue and correct. M Comm. Expires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature LuciII6 y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. •�,rwurp�4 PANy This Certificate is executed in the City of Irvine, California, this day of vy AND D� = o BY ''- = 1936 Cassie J. rrisford, Assistant Se tary % •�gtrFo�P' a��•' ryp`� ATS -1002 (02117) ,'�� *• ...11 RETAINAGE BOND Bond No. 812377C KNOW ALL MEN BY THESE PRESENTS, that Sound Pacific Construction, LLC as Principal authorized to do business in the State of Washington and Developers Surety and Indemnity Company as Surety, a corporation organized and existing under the laws of the State of CA and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto City of Bremerton as Obligee in the penal sum of Fifty Thousand Six Hundred Sixty-one And 07/100THS Dollars ($ $50,661.07 ), which is 5% of the Principal's bid. WHEREAS, on the 14�, day of YID Principal, herein, executed a contract with the Obligee, for Manette Park Renovation , 2018 the said WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this day of Developers Surety and Indemnity Company Surety By: Attorney -in -Fact Roger Kaltenbach Parker, Smith & Feek, Inc. 2233112 1h Ave NE, Bellevue, WA 98004 Name and Address of Local Agent ,U 2018 Sound Pacific Construction, LLC Principal POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jana M. Roy, Guy P. AnTifield, Scott McGilvray, Jill A. Wallace, Elizabeth R. Hahn, Susan B. Larson, Scott Fisher, Deanna M. French, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, Andrew Larsen, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. , By: ��� �� ,�,�.�HAMD /j�O,��• O�7AhiYpr Daniel Young, SeniorVice-President ;;�y�:\°�OR+r�F�iy�'s��'`4 �y W: 1936 :<: OCT, o .o Mark Lansdon, Vice -President ........ 41ro A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Dare Here insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Names) of signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of E. LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission #r 2051945 1Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. M Comm. Expires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucillt/Rlyikiond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of (AND rya O�gPAfy? o y�u;:q;FoF'ti taoarr �' 1936 BY ta87 Cassie J_ rrisford, Assistant Se tary °� c r, ,'y c IFO ATS -1002 (02/17) '�•.,,,,;;,,..•�`� MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA PO BOX 1643 WOODINVILLE, WA 98072 Phone: (425) 481-1131 Fax: (425) 481-1139 CITY OF BREMERTON CITY CLERK 345 6TH ST BREMERTON, WA 98337 08/10/2018 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: MANETTE PARK project, located at 1125 VANDALIA AVE, BREMERTON, WA . Such labor, services, equipment or materials were contracted for by: ROMTEC INC, 18240 N BANK RD, ROSEBURG, OR 97470 , who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable.The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt.We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (425) 481-1131. Thank you. Sincerely, Prepared by: JOHN ELSBREE 4 RES OF LIENDATA, AGENT FOR CLAIMANT Phone: (425) 481-1131 Fax: (425) 481-11 File #: 25817 [WA][PUBLIC][COPY:EST] I Customer: ROMTEC INC Recording Requested by and Return to: P.O. #: BSA 351344/1125 MUTUAL MATERIALS COMPANY Project: MANETTE PARK C/O JUDIMARYJO INC DBA LIENDATA USA Rec ID: 9C589C2A-BBFB-4048-BFDC-282202246730 PO BOX 1643 Job #: 08181643.038 WOODINVILLE, WA 98072 Cert No.: PRELIMINARY NOTICE OF INTENT TO CLAIM AGAINST BOND (wash. Rev. Code Section 39.08.065) TO THE PUBLIC ENTITY OR REPUTED 1. The following is a general description of CITY OF BREMERTON CITY CLERK the labor, service, equipment or materials 345 6TH ST furnished or to be furnished by the undersigned: BREMERTON, WA 98337 MASONRY MATERIALS & SUPPLIES 2. Estimated Price: >> TO ORIGINAL OR REPUTED CONTRACTOR SOUND PACIFIC CONSTRUCTION LLC 3902 157TH ST CT NW GIG HARBOR, WA 98332 >> TO LENDER, SURETY OR BONDING CO. OR >> REPUTED LENDER, SURETY, BONDING CO. 3. The name of the person or entity who furnished that labor, service, equipment or materials is: MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA PO BOX 1643 WOODINVILLE, WA 98072 4. The name of the person or entity who contracted for purchase of that labor, service, equipment or material is: ROMTEC INC 18240 N BANK RD ROSEBURG, OR 97470 P.O.: BSA 351344/1125 The description of the jobsite is: MANETTE PARK 1125 VANDALIA AVE BREMERTON, WA County of KITSAP REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: CITY OF BREMERTON CITY CLERK or State Comptroller The undersigned Claimant hereby declares that he has supplied or will supply labor or materials as described above, that payment has not yet been made therefore; and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the Claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PUBLIC ENTITY OR AGENCY ALSO PLEASE TAKE NOTICE THAT CONTRACTOR AND HIS BOND WILL BE HELD FOR THE PAYMENT OF SAID MATERIALS, SUPPLIES, OR PROVISIONS. NO SUIT OR ACTION SHALL BE MAINTAINED IN ANY COURT AGAINST THE CONTRACTOR OR HIS BOND TO RECOVER FOR SUCH MATERIAL, SUPPLIES, OR PROVISIONS OR ANY PART THEREOF UNLESS THE PROVISIONS OF WASH. REV. CODE SECTION 39.08.065 HAVE BEEN COMPLIED WITH. I declare that I am authorized to file this claim on behalf of the Claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at WOODINVILLE, Washington on 08/10/2018 for MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA. Prepared by: JOHN ELSBREE 481-1139 E PRES OF L ENDALA, AGENT FOR CLAIMANT Phone: (425) 481-1131 Fax: (425) PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 08/10/2018. I declare under penalty of perjury that the foregoing is true and correct. Executed at WOODINVILLE, Washington on 08/10/2018/ Prepared by: JOHN ELSBREE RES OFF LLIEND-AEn1fi FOR CLAIMANT IMPORTANT INFORMATION FOR YOUR PROTECTION! This notice is sent to inform you that we have or will provide materials, professional services, or equipment for the repair, remodel, or alteration of your property. We expect to be paid by the person or entity who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. LEARN more about the lien laws and the meaning of this notice by discussing it with your contractor, suppliers, the department of labor and industries, the firm sending you this notice, your lender, or your attorney. COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods: * 1) DUAL PAYCHECKS (Joint Checks) When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice; * 2) LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself. YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS. YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT. ?P COMCAST August 16, 2018 Shannon Corin City Clerk City of Bremerton 345 6th Street #600 Bremerton, WA 98337 Dear Ms. Corin: BREAKING UPDATE Effective, September 3, 2018, Comcast will be making the following program changes in your area. • Per our recent agreement with KFFV we will launch their new multicast channel Decades. o Channels 347 & 1195 • KSTW will be changing Decades multicast to StartTV If you have any questions, please call me at (253) 864-4274. Sincerely, Edlira Kuka Manager, Government Affairs cc: Franchise file 1581525 1h Ave W Lynnwood, WA. 98087 cct�s�a� PRELIMINARY NOTICE OF INTENT TO CLAIM AGAINST BOND AND RETENTION RECEIVED (Wash. Rev. Code §§ 39.08.065 & 60.28.011) SEP 21 2018 City of Bremerton City Attorney's Office TO: CONTRACTOR: Sound Pacific Construction, LLC, 3902157th St. Ct. NW, Gig Harbor, WA 98332. FROM: CLAIMANT: Security Contractor Services, Inc. 5339 Jackson Street North Highlands, CA 95660 916-338-4200. PLEASE TAKE NOTICE that the Claimant has commenced to deliver materials, supplies, or provisions to the public work of improvements located at: 1125 Vandalia Ave. , Bremerton, WA 98310, also known as Manette Park S/0 590416. The subcontractor or agent ordering or to whom said materials, supplies, or provisions were furnished is: Sparrow Fence, LLC, 1424 Maple Drive, Enumclaw, WA 98022-2951. ALSO PLEASE TAKE NOTICE that Contractor and his bond will be held for the payment of said materials, supplies, or provisions. No suit or action shall be maintained in any court against the contractor or his bond to recover for such material, supplies, or provisions or any part thereof unless the provisions of Wash, Rev. Code § 39.08.065 have been complied with. ALSO PLEASE TAKE NOTICE that Claimant may make a claim against the General Contractor's retained percentage for a!I material, supplies, or equipment furnished by Claimant, See Exhibit B for Additional Legal Parties Joint Check Required Dated: 9/18/2018 Cert #: 9314 8898 8030 0007 4519 21 CRF#: 2166082 By: Laura Pavey / CRF Solutions Authorized Agent For: Security Contractor Services, Inc. EXHIBIT B - OTHER LEGAL PARTIES PROJECT: Manette Park 2166082 Other Owner CITY OF BREMERTON 345 6TH ST #100, BREMERTON WA 98337 Construction Notice Department P.O. Box 1389 Simi Valley, CA 93062 Address Service Requested 9/18/2018 CITY OF BREMERTON 345 6TH ST #100, BREMERTON , WA 98337 9314 8898 8030 0007 4519 21 SC1916 2166082 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Security Contractor Services, Inc. in regards to the construction project known as Manette Park S/0 590416 and located at 1125 Vandalia Ave. , Bremerton, WA 98310. It is important to note that this notice is not a lien nor a claim on a bond. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job, please do not hesitate to contact Security Contractor Services, Inc. at 916-338-4200. CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project PROJECT NO: 59159 CONTRACTOR: Sound Pacific Construction, LLC ORIGINAL CONTRACT AMOUNT: $979,371.54 DAYS: 70 PREVIOUSLY APPROVED CHANGES: THIS CHANGE: REVISED CONTRACT AMOUNT: $0.00 DAYS: 9 042.02 DAYS: 25 $1,021,413.56 DAYS: 95 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS) X 1 Work Change Directive #1 $3,425.19 $0.00 0 Backflow preventer/pressure reducer on restroom per COB X 2 Work Change Directive #2 $803.04 $0.00 0 Removal of existing structure 3 Work Change Directive #3 $1,206.70 $0.00 0 X Install hot water heater in restroom per DCD review 4 Work Change Directive #6 $1,568.27 $0.00 0 X Resurvey and regrade stairs 5 Work Change Directive #7 $677.75 $0.00 0 X Backfill drain 6 Work Change Directive #8 $14,110.50 $0.00 0 Wall caps, additional blocks X 7 Work Change Directive #9 $2,470.04 $0.00 0 Parking lot berms X 8 Work Change Directive #11 $4,974.47 $0.00 10 Path and playground curb revisions X 9 Work Change Directive #12 $0.00 ($1,177.20) 0 Delete fencing by parking lot X 10 Work Change Directive #13 $15,861.85 $0.00 0 Add fencing along sidewalk X 11 Work Change Directive #14 $0.00 ($2,180.00) 15 Sod credit X 12 Work Change Directive #17 $301.41 $0.00 0 Raise CB 4 NET CHANGE IN CONTRACT AMOUNT $45,399.22 ($3,357.20) 25 INCREASE OR (DECREASE) CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: RECOMMENDED: ACCEPTED: APPROVED: PROJ CT MANAGER Date io1� PAItg RKS RECREATION DIRECTOR Date /0- 2 z� i CC6 T R Date WJ,� )1115//8 MAYO Date APPROVED AS TO FORM: Bremerton V ttorr Vy Page 2 of 2 ATTEST: liFUL ..ARA. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award for Construction of Manette Park Renovation Project to Sound Pacific Construction, LLC. Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: (I <,?00 3 t/) sc April 25, 2018 May 2, 2018 Parks & Recreation Jeff Elevado (360) 473-5428 SUMMARY: Sealed bids for construction of the Manette Park Renovation Project were opened on April 2, 2018. Three (3) bids were received. Sound Pacific Construction, LLC was the lowest responsive, responsible bidder with a bid of $979,371.54 (WSST included) for park elements and $33,850 for right-of-way and storm water elements for a total contract amount of $1,013,221.54. ATTACHMENTS: 1) Bid Tabulation; 2) Project Budget Summary; 3) Manette Park Concept; 4) Contract FISCAL IMPACTS (Include Budgeted Amount): Budget Adjustment to increase the 2018 Parks Capital Construction Fund by $1,503,000 for the Manette Park Renovation Project. Funding for the project include: $750,000 from RCO grants, $96,000 from private donations, $571,000 from the General Government Capital Improvement Fund and $85,000 from the General Fund for City Parks Labor. A $70,000 transfer from the General Government Capital Improvement Fund was previously authorized and budgeted in 2017 for design. The total project budget is estimated at $1,573,000. STUDY SESSION AGENDA: ❑ Limited Presentation ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award a contract in the amount of $1,013,221.54 (WSST included) to Sound Pacific Construction, LLC for construction of the Manette Park Renovation Project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further authorize a project budget adjustment in the amount of $1,503,000 per the attached project budget summary. COUNCIL ACTION: [Approve Forth Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY City of Bremerton 233-1896-143 Manette Park Renovation 1-37 March 2018 Contract Documents Certification of Compliance with Wage Payment Statutes (This page intentionally left blank) City of Bremerton 233-1896-143 Manette Park Renovation 1-38 March 2018 Contract Documents Certification of Compliance with Wage Payment Statutes CONTRACT j (Page 1 of 4) THIS AGREEMENT is dated the � `'1" h— day of MH in the year 2019 by and between the City of Bremerton (hereinafter called CITY) and SOUND PACIFIC CONSTRUCTION, LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled MANETTE PARK RENOVATION. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 70 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions ontractor Initials City of Bremerton 233-1896-143 Manette Park Renovation 1-39 March 2018 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers 1 to 3 , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. //% Contractor Initials City of Bremerton 233-1896-143 Manette Park Renovation 1-40 March 2018 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements of the Davis -Bacon and related acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton By By Attest Address for giving notices CONTRACTOR SOUND PACIFIC CONSTRUCTION, LLC OcRPORATE SEAL] Attest Z Address for giving notices License No. SOUNDPC842J8 City of Bremerton 233-1896-143 Manette Park Renovation 1-41 March 2018 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: C::�� - (Si nat e) (Titl Agent for service of process: City of Bremerton 233-1896-143 Manette Park Renovation 1-42 March 2018 Contract Documents Contract CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF WA ) ) ss. COUNTY OF Pierce ) I HEREBY CERTIFY that a meeting of the Members of the LLC SOUND PACIFIC CONSTRUCTION, a Limited Liability Company existing under the laws of the State of WASHINGTON held on MAY 8 , 2018 , the following resolution was duly passed and adopted: "RESOLVED, that TOM ABPLANALP and JOHN BRUNSON , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated MAY 8 , 2018 , to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 8th , day of MAY , 2018 SOUND PACIFIC CONSTRUCTION, LLC A Limited Liability Company By: — Member By: 4 -- Member (SEAL) City of Bremerton 233-1896-143 Manette Park Renovation 1-44 March 2018 Contract Documents Contract Certificate AcoRO® CERTIFICATE OF LIABILITY INSURANCE DAT05/075/07//20182018 t) 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(les) 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 Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: PHONE 425-709-3600WC. No fttlIX No :425-709-7460 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC P INSURERA: The Ohio Casualty Insurance Co. BK01857443067 INSURED Sound Pacific Construction, LLC INSURER B : INSURER C: 3902 157th St. Ct. NW Gig Harbor, WA 98332 INSURER D: INSURER E: INSURER F: GUVEKAGES CERTIFICATE NHURFR- DFVICInki Llu11llnol7• 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 L I TYPE OF INSURANCE L SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDO LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR BK01857443067 7/25/2017 7/25/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO D nce1+000,000 PREMISES Ea occurre$ MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 j GENERAL AGGREGATE $ 2+000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIHB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ I I WORKERS COMPENSATION AND EMPLOYERS' LUIBILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A I WC STATU- OTH- R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Exhibit of Insurance. l.N1YliCLLFi I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Park & Recreation 680 Lebo Boulevard AUTHORIZED REPRESENTATIVE Bremerton, WA 98310 _ U 19BB-ZULU ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1of1 (JHN00) PERFORMANCE BOND (Page 1 of 2) Bond No. 812376P KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction, LLC as CONTRACTOR, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Million Thirteen Thousand Two Hundred Twenty One and 54/100ths— 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 "Manette Park Renovation"; 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 OWNER'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. 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. City of Bremerton 233-1896-143 Manette Park Renovation 1-47 March 2018 Contract Documents Performance Bond PERFORMANCE BOND (Page 2 of 2) 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 for a period of one (1) year following final acceptance of the project by the City, 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 day of , 2018 . Sound Pacific Construction, LLC (SEAL) (SEAL) Developers Surety and Indemnity Company (CONTRACTOR) (Surety) By: ' By: V&M a �% W-A� (S' nature and SEAL) (Signature and SEA Jana M. Roy, Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SUR ) Address of Surety to which all notices shall be sent: Developers Surety and Indemnity Company 5 Centerpointe, Suite 350 Lake Oswego, OR 97035 Address of Surety for service of process: Parker, Smith & Feek, Inc. (must be a physical address) 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 233-1896-143 Manette Park Renovation 1-48 March 2018 Contract Documents Performance Bond PAYMENT BOND (Page 1 of 2) Bond No. 812376P KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction, LLC as CONTRACTOR, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Million Thirteen Thousand Two Hundred Twenty One and 54/100ths— 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 CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "Manette Park Renovation"; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. 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 thereunder, 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 CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee 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. City of Bremerton 233-1896-143 Manette Park Renovation 1-49 March 2018 Contract Documents Payment Bond PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 2018. Sound Pacific Construction, LLC Developers Surety and Indemnity Company (CONTRACTOR) (Surety) By. By: (Signature and SEAL) —0(SMignature and SEAL) Jana M. Roy, Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Developers Surety and Indemnity Company Address of Surety for service of process: (must be a physical address) 5 Centerpointe, Suite 350 Lake Oswego, OR 97035 Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 233-1896-143 Manette Park Renovation 1-50 March 2018 Contract Documents Payment Bond POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jana M. Roy, Guy P. Armfield, Scott McGilvray, Jill A. Wallace, Elizabeth R. Hahn, Susan B. Larson, Scott Fisher, Deanna M. French, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, Andrew Larsen, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fad full power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017. voz.� By: AND/, ,0 ..... NO, -. PANY 0 Daniel Young, Senior Vice -President :=y�� HPOA?r rye U 1936 : <;?� o0. . Mark Lansdon,Vice-President ,��p' t�.•' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Dale Here Insert Name and Title of ft Officer personally appeared Daniel Young and Mark Lansdon Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshefthey executed the same in histherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of C, LUCILLE RAYMOND which the person(s) acted, executed the instrument. r Commission f 2081945 '+ Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is x Orange County true and correct. 4 Comm. Expires Oct 13 2018 7 WITNESS my hand and official seal. Place Notary Seal Above Signature - �J Lucille ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. ••p,nrrnq''PANY This Certificate is executed in the City of Irvine, California, this day of -` �y AND /NO GOA 0 F • - F. 4 '_ otr,. s By z ow.'s o s587 a Cassie J. n isford, Assistant Se tary 0>i tiiFo ATS -1002 (02117) �''•�,,,;; ,,.••`•• " RETAINAGE BOND Bond No. 812377C KNOW ALL MEN BY THESE PRESENTS, that Sound Pacific Construction, LLC as Principal authorized to do business in the State of Washington and Developers Surety and Indemnity Company as Surety, a corporation organized and existing under the laws of the State of CA and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto City of Bremerton as Obligee in the penal sum of Fifty Thousand Six Hundred Sixty-one And 07/100THS Dollars ($ $50,661.07 ), which is 5% of the Principal's bid. WHEREAS, on the 110, day of 2018 the said Principal, herein, executed a contract with the Obligee, for Manette Park Renovation WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this day of Developers Surety and Indemnity Company Surety By: Attorney -in -Fact Roger Kaltenbach Parker, Smith & Feek, Inc. 2233112 1h Ave NE, Bellevue, WA 98004 Name and Address of Local Agent ,U 2018 Sound Pacific Construction, LLC Principal POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jana M. Roy, Guy P. Armfield, Scott McGilvray, Jill A. Wallace, Elizabeth R. Hahn, Susan B. Larson, Scott Fisher, Deanna M. French, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, Andrew Larsen, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(syin-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017. j] r� By:! �� ,•,�,�yANDrN�.,O�`7ANYpic Daniel Young, Senior Vice -President ;;�y�:\°�OR+r�F�yr's��' 'APO c W: 1936 :<: r 0 C T 0. By:acrFoFfi°-' aZ cy t��e Mark Lansdon, Vice -President �'•..... ..... � .41 4rA0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Dale Here insert Name and Title of Bre Offim personally appeared Daniel Young and Mark Lansdon Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiherftheir authorized capacity(ies), and that by hislherftheir signature(s) on the instrument the person(s), or the entity upon behalf of E. LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission #r 2081945 y Notary Public - Callbrnia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. M Comm. IgIrISS Oct 13 2018 r WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill' , *iiiond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of Z� �.$ (ANO rvQq�PANY Or By: - a 1936 . n : ��o1c.T.175 Cassie J. nisford, Assistant Se tory -•.,��i?crFor�`�ao�-� cf�JFpR�¢ ATS -1002 (02/17) a.a�. MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA PO BOX 1643 WOODINVILLE, WA 98072 Phone: (425) 481-1131 Fax: (425) 481-1139 CITY OF BREMERTON CITY CLERK 345 6TH ST BREMERTON, WA 98337 08/10/2018 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: MANETTE PARK project, located at 1125 VANDALIA AVE, BREMERTON, WA . Such labor, services, equipment or materials were contracted for by: ROMTEC INC, 18240 N BANK RD, ROSEBURG, OR 97470 , who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable.The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt.We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (425) 481-1131. Thank you. Sincerely, Prepared by: JOHN ELSBREE RES OF LIENDATA, AGENT FOR CLAIMANT Phone: (425) 481-1131 Fax: (425) 481-11 File #: 25817 [WA][PUBLIC][COPY:EST] I Customer: Recording Requested by and Return to: P.O. #: MUTUAL MATERIALS COMPANY Project: C/O JUDIMARYJO INC DBA LIENDATA USA Rec ID: PO BOX 1643 Job #: WOODINVILLE, WA 98072 Cert No.: ROMTEC INC BSA 351344/1125 MANETTE PARK 9C589C2A-BBFB-4048-BFDC-282202246730 08181643.038 PRELIMINARY NOTICE OF INTENT TO CLAIM AGAINST BOND (Wash. Rev. Code Section 39.08.065) >> TO THE PUBLIC ENTITY OR REPUTED 1. The following is a general description of CITY OF BREMERTON CITY CLERK the labor, service, equipment or materials 345 6TH ST furnished or to be furnished by the undersigned: BREMERTON, WA 98337 MASONRY MATERIALS & SUPPLIES 2. Estimated Price: >> TO ORIGINAL OR REPUTED CONTRACTOR SOUND PACIFIC CONSTRUCTION LLC 3902 157TH ST CT NW GIG HARBOR, WA 98332 >> TO LENDER, SURETY OR BONDING CO. OR >> REPUTED LENDER, SURETY, BONDING CO. 3. The name of the person or entity who furnished that labor, service, equipment or materials is: MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA PO BOX 1643 WOODINVILLE, WA 98072 4. The name of the person or entity who contracted for purchase of that labor, service, equipment or material is: ROMTEC INC 18240 N BANK RD ROSEBURG, OR 97470 P.O.: BSA 351344/1125 The description of the jobsite is: MANETTE PARK 1125 VANDALIA AVE BREMERTON, WA County of KITSAP REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: CITY OF BREMERTON CITY CLERK or State Comptroller The undersigned Claimant hereby declares that he has supplied or will supply labor or materials as described above, that payment has not yet been made therefore; and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the Claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PUBLIC ENTITY OR AGENCY ALSO PLEASE TAKE NOTICE THAT CONTRACTOR AND HIS BOND WILL BE HELD FOR THE PAYMENT OF SAID MATERIALS, SUPPLIES, OR PROVISIONS. NO SUIT OR ACTION SHALL BE MAINTAINED IN ANY COURT AGAINST THE CONTRACTOR OR HIS BOND TO RECOVER FOR SUCH MATERIAL, SUPPLIES, OR PROVISIONS OR ANY PART THEREOF UNLESS THE PROVISIONS OF WASH. REV. CODE SECTION 39.08.065 HAVE BEEN COMPLIED WITH. I declare that I am authorized to file this claim on behalf of the Claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at WOODINVILLE, Washington on 08/10/2018 for MUTUAL MATERIALS COMPANY C/O JUDIMARYJO INC DBA LIENDATA USA. Prepared by: JOHN ELSBREE E PRE�OF SNDA A, AGENT FOR CLAIMANT Phone: (425) 481-1131 Fax: (425) 481-1139 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses listed above, on 08/10/2018. I declare under penalty of perjury that the foregoing is true and correct. Executed at WOODINVILLE, Washington on 08/10/2018/ Prepared by: JOHN ELSBREE RES OF LSI D 1TA—,, "AZ; - FOR CLAIMANT IMPORTANT INFORMATION FOR YOUR PROTECTION! This notice is sent to inform you that we have or will provide materials, professional services, or equipment for the repair, remodel, or alteration of your property. We expect to be paid by the person or entity who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property. LEARN more about the lien laws and the meaning of this notice by discussing it with your contractor, suppliers, the department of labor and industries, the firm sending you this notice, your lender, or your attorney. COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods: * 1) DUAL PAYCHECKS (Joint Checks) When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice; * 2) LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself. YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS. YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT. LU v t I IW -C,,/ ---r+ L .J 0 CX V PRELIMINARY NOTICE OF INTENT TO CLAIM AGAINST BOND AND RETENTION RECEIVED ` (Wash. Rev. Code §§ 39.08.065 & 60.28.011) F' Q :, ' City of Bremerton City Attorney's Office TO: CONTRACTOR: Sound Pacific Construction, LLC, 3902157th St. Ct. NW, Gig Harbor, WA 98332. FROM: CLAIMANT: Security Contractor Services, Inc. 5339 Jackson Street North Highlands, CA 95660 916-338-4200. PLEASE TAKE NOTICE that the Claimant has commenced to deliver materials, supplies, or provisions to the public work of improvements located at: 1125 Vandalia Ave. , Bremerton, WA 98310, also known as Manette Park S/0 590416. The subcontractor or agent ordering or to whom said materials, supplies, or provisions were furnished is: Sparrow Fence, LLC, 1424 Maple Drive, Enumclaw, WA 98022-2951. ALSO PLEASE TAKE NOTICE that Contractor and his bond will be held for the payment of said materials, supplies, or provisions. No suit or action shall be maintained in any court against the contractor or his bond to recover for such material, supplies, or provisions or any part thereof unless the provisions of Wash. Rev. Code § 39.08.065 have been complied with, ALSO PLEASE TAKE NOTICE that Claimant may make a claim against the General Contractor's retained percentage for all material, supplies, or equipment furnished by Claimant. See Exhibit B for Additional Legal Parties Joint Check Required Dated: 9/18/2018 Cert #: 9314 8898 8030 0007 4519 21 CRF#: 2166082 By: Laura Pavey / CRF Solutions Authorized Agent For: Security Contractor Services, Inc. EXHIBIT B - OTHER LEGAL PARTIES PROJECT: Manette Park 2166082 Other Owner CITY OF BREMERTON 345 6TH ST #100, BREMERTON WA 98337 Construction Notice Department P.O. Box 1389 Simi Valley, CA 93062 Address Service Requested 9/18/2018 CITY OF BREMERTON 345 6TH ST #100, BREMERTON , WA 98337 9314 8898 8030 0007 4519 21 SC1916 2166082 IMPORTANT NOTICE PLEASE READ CAREFULLY Enclosed you will find a notice that is being sent to you on behalf of Security Contractor Services, Inc. in regards to the construction project known as Manette Park S/0 590416 and located at 1125 Vandalia Ave. , Bremerton, WA 98310. It is important to note that this notice is not a lien nor a claim on a bond. This is a routine procedure to comply with certain state requirements that may exist and should not reflect in any way on the integrity or credit standing of any of the known interested parties associated with this job. If any information is incorrect, or if you are not associated with this job, please do not hesitate to contact Security Contractor Services, Inc. at 916-338-4200. CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project PROJECT NO: 59159 CONTRACTOR: Sound Pacific Construction, LLC ORIGINAL CONTRACT AMOUNT: $979,371.54 DAYS: 70 PREVIOUSLY APPROVED CHANGES: $0.00 DAYS: 0 THIS CHANGE: $41,740.61 DAYS: 25 REVISED CONTRACT AMOUNT: $1,021,112.15 DAYS: 95 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT CONTRACT CONTRACT TIME n AMOUNT AMOUNT EXTENSION °' = ($) ($) (DAYS) X o: X 1 Work Change Directive #1 $3,425.19 $0.00 0 Backflow preventedpressure reducer on restroom per COB X 2 Work Change Directive #2 $803.04 $0.00 0 Removal of existing structure X 3 Work Change Directive #3 $1,206.70 $0.00 0 Install hot water heater in restroom per DCD review 4 Work Change Directive #6 $1,568.27 $0.00 0 X Resurvey and regrade stairs 5 Work Change Directive #7 $677.75 $0.00 0 X Backfill drain 6 Work Change Directive #8 $14,110.50 $0.00 0 Wall caps, additional blocks X 7 Work Change Directive #9 $2,470.04 $0.00 0 Parking lot berms X 8 Work Change Directive #11 $4,974.47 $0.00 10 Path and playground curb revisions X 9 Work Change Directive #12 $0.00 ($1,177.20) 0 Delete fencing by parking lot X 10 Work Change Directive #13 $15,861.85 $0.00 0 Add fencing along sidewalk X 11 Work Change Directive #14 $0.00 ($2,180.00) 15 Sod credit NET CHANGE IN CONTRACT AMOUNT $45,097.81 ($3,357.20) 25 INCREASE OR (DECREASE) CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: PR JE Aj,/4RECOMMENDED: PARK C ACCEPTED: APPROVED: ER RECREATION DIRECTOR CONTRACTOR MA APPROVED AS TO FORM: BreMerton City Attorney� Page 2 of 2 W ATTEST: City Clerk 3 -/`7 Date Date Date 1 2O 14 Date CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project PROJECT NO: 59159 CONTRACTOR. Sound Pacific Construction, LLC ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: THIS CHANGE: REVISED CONTRACT AMOUNT: $979,371.54 DAYS: 70 00 DAYS: 0 $41,740.61 DAYS: 25 $1,021,112.15 DAYS: 95 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS) � a X 1 Work Change Directive #1 $3,425.19 $0.00 0 Backflow preventer/pressure reducer on restroom per COB X 2 Work Change Directive #2 $803.04 $0.00 0 Removal of existing structure X 3 Work Change Directive #3 $1,206.70 $0.00 0 Install hot water heater in restroom per DCD review 4 Work Change Directive #6 $1,568.27 $0.00 0 X Resurvey and regrade stairs 5 Work Change Directive #7 $677.75 $0.00 0 X Backfill drain 6 Work Change Directive #8 $14,110.50 $0.00 0 Wall caps, additional blocks X 7 Work Change Directive #9 $2,470.04 $0.00 0 Parking lot berms X 8 Work Change Directive #11 $4,974.47 $0.00 10 Path and playground curb revisions X 9 Work Change Directive #12 $0.00 ($1,177.20) 0 Delete fencing by parking lot X 10 Work Change Directive #13 $15,861.85 $0.00 0 Add fencing along sidewalk X 11 Work Change Directive #14 $0.00 ($2,180.00) 15 Sod credit NET CHANGE IN CONTRACT AMOUNT $45,097.81 ($3,357.20) 25 INCREASE OR (DECREASE) CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Manette Park Improvement Project Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: �i%'7/ r 3 RECOMMENDED: ACCEPTED: RECREATION DIRECTOR CONTRACTOR APPROVED: (^-) MA APPROVED AS TO FORM: Bre erton City Attorney Page 2 of 2 ATTEST: �;7� City Clerk Date Date Date 1 4 1 20 1 9 Date