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AGENDA BILL CITY OF BREMERTON 5TCITYCOUNCIL SUBJECT: Study Session Date: December 11, 2019 Public Works Agreement with Slabjack COUNCIL MEETING Date: December 18, 2019 Geotechnical, Inc. for the Sidewalk Trip Department: Engineering Hazard Removal Project Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The City bid the project using the MRSC Small Public Works Roster, opening bids on December 3rd, 2019 and 3 bids were received. Slabjack Geotechnical Inc. is the lower responsive, responsible bidder with their bid of$156,337.95, including sales tax. The project removes trip hazards at multiple locations around the City by raising sidewalk panels with polyurethane foam injection (sidewalk jacking), and edge grinding. ATTACHMENTS: 1) Public Works Agreement; 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted at $70,000 in the 2019 Residential Streets Fund and $100,000 in the Transportation Capital Fund. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: D Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Slabjack Geotechnical, Inc. for the Sidewalk Trip Hazard Removal Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 001 PROJECT NAME: Sidewalk Trip Hazard Removal Project PROJECT NO: 315033 CONTRACTOR: AJ Spray Foam, Slabjack Geotechnical ORIGINAL CONTRACT AMOUNT: 156,337.95 DAYS: 40 PREVIOUSLY APPROVED CHANGES: 0.00 DAYS: 0 THIS CHANGE: 0.00 DAYS: 10 REVISED CONTRACT AMOUNT: 156,337.95 DAYS: 50 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) cc CL Per Addendum No. 1 and Special Provisions 1-04.6 and 8- 0 0 10 26.3(1), Engineer is adjusting scope as the current quantity of trip hazards scoped do not meet the advertised amount under bid item #2: Joint Repair- Polyurethane Foam Injection. To meet this quantity, Engineer is adding more locations where repair methods can be performed. Engineer is adding 94 sidewalk segments to the scope. These repairs have been field verified by the Superintendent (James McCauley) and Project Engineer (Chris Dimmitt) by both location and quantity of trip hazards (441) to be repaired up to the total quantity listed in bid item #2. NET CHANGE IN CONTRACT AMOUNT 0 0 10 INCREASE OR (DECREASE) ESTIMATED SALES TAX AT 9.0% 0 0 0 TOTAL INCLUDING SALES TAX 0 0 0 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. CONTRACT CHANGE ORDER NO: 001 PROJECT NAME: Sidewalk Trip Hazard Removal Project 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. 1 CONTRACTOR dam _- , �' Acce•ted: DATE: i � PROJECT MANAGER ( , Recommended: DATE: 2�zAo CITY ENGINEER Council action is required as project cost will exceed approved budget. 0 Yes Q No Council action is required as change exceeds Mayors authority per BMC 2.76.110. O Yes RI No Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES r Recommended: �E MAYOR Approved: w.LM.4, DATE: 2 2(4 202 o APPROVED AS TO FORM: ATTEST: >Njitttit/0.1,,WL 1-0 ( *. Bremerton City Attorney City Clerk Page 2 of 2 Number of Trip SW ID Street Name From To Functional Class Hazards Verified 202256 PERRY AVE 17TH ST 18TH ST Minor Arterial 7 202262 PERRY AVE 17TH ST 18TH ST Minor Arterial 11 200763 4TH ST WARREN AVE PARK AVE Major Collector 2 200772 4TH ST CHESTER AVE WARREN AVE Local Access 4 200786 4TH ST STATE AVE CHESTER AVE Local Access 3 200798 4TH ST VENETA AVE STATE AVE Local Access 2 200810 4TH ST WARREN AVE PARK AVE Major Collector 4 200812 4TH ST HIGH AVE ANOKA AVE Local Access 1 200815 4TH ST CHESTER AVE WARREN AVE Local Access 4 200824 4TH ST STATE AVE CHESTER AVE Local Access 6 200842 4TH ST HIGH AVE ANOKA AVE Local Access 4 200884 5TH ST PACIFIC AVE WASHINGTON AVE Major Collector 6 200909 5TH ST HEWITT AVE HIGH AVE Local Access 8 200914 5TH ST NAVAL AVE HEWITT AVE Local Access 2 200915 5TH ST HIGH AVE VENETA AVE Local Access 4 200919 5TH ST HEWITT AVE HIGH AVE Local Access 13 201076 7TH ST VENETA AVE CHESTER AVE Local Access 8 201078 HIGH AVE 6TH ST 7TH ST Major Collector 2 201079 7TH ST HIGH AVE VENETA AVE Local Access 11 201105 7TH ST VENETA AVE CHESTER AVE Local Access 3 201109 7TH ST HIGH AVE VENETA AVE Local Access 1 201129 HIGH AVE 7TH ST 7TH ST Major Collector 0 201197 11TH ST HIGH AVE SIDNEY AVE Principal Arterial 0 201239 8TH ST VENETA AVE CHESTER AVE Local Access 5 201244 HIGH AVE 7TH ST 8TH ST Major Collector 5 • 201245 8TH ST HIGH AVE VENETA AVE Local Access 3 201249 HIGH AVE 7TH ST 8TH ST Major Collector 5 201264 8TH ST VENETA AVE CHESTER AVE Local Access 4 201270 8TH ST HIGH AVE VENETA AVE Local Access 5 201322 HIGH AVE 8TH ST 8TH ST Major Collector 2 201331 HIGH AVE 8TH ST 8TH ST Major Collector 3 201381 9TH ST VENETA AVE CHESTER AVE Local Access 5 201394 HIGH AVE 8TH ST 9TH ST Major Collector 4 201814 HIGH AVE 11TH ST 12TH ST Major Collector 1 201830 HIGH AVE 11TH ST 12TH ST Major Collector 3 201417 HIGH AVE 8TH ST 9TH ST Major Collector 3 201424 9TH ST VENETA AVE CHESTER AVE Local Access 4 201432 9TH ST HIGH AVE VENETA AVE Local Access 9 201515 HIGH AVE 9TH ST 10TH ST Major Collector 2 201527 10TH ST VENETA AVE CHESTER AVE Local Access 6 201537 10TH ST HIGH AVE VENETA AVE Local Access 3 201563 10TH ST HIGH AVE VENETA AVE Local Access 9 201668 11TH ST HIGH AVE SIDNEY AVE Principal Arterial 0 201899 13TH ST CHESTER AVE BROADWAY AVE Major Collector 4 201909 OHIO AVE 12TH ST 13TH ST Local Access 0 201910 13TH ST OHIO AVE LINCOLN AVE Major Collector 7 201914 13TH ST VENETA AVE OHIO AVE Major Collector 3 201918 13TH ST SIDNEY AVE VENETA AVE Major Collector 3 201923 HIGH AVE 12TH ST 13TH ST Major Collector 5 201924 13TH ST HIGH AVE SIDNEY AVE Major Collector 1 201927 HIGH AVE 12TH ST 13TH ST Major Collector 2 201945 13TH ST LINCOLN AVE CHESTER AVE Major Collector 3 201952 13TH ST SIDNEY AVE VENETA AVE Major Collector 3 201957 13TH ST HIGH AVE SIDNEY AVE Major Collector 4 202019 TRENTON AVE 13TH ST 16TH ST Major Collector 10 202030 TRENTON AVE 13TH ST 16TH ST Major Collector 6 202086 HIGH AVE 13TH ST 14TH ST Major Collector 2 202126 OHIO AVE 14TH ST 15TH ST Local Access 6 202135 OHIO AVE 14TH ST 15TH ST Local Access 10 202142 TRENTON AVE 16TH ST 17TH ST Major Collector 2 202158 TRENTON AVE 16TH ST 17TH ST Major Collector 6 202347 PERRY AVE 18TH ST TERRACE ST Minor Arterial 3 202353 PERRY AVE 18TH ST TERRACE ST Minor Arterial 4 202359 OHIO AVE 15TH ST 17TH ST Local Access 11 202372 17TH ST HIGH AVE OHIO AVE Local Access 5 202375 OHIO AVE 15TH ST 17TH ST Local Access 13 202399 17TH ST HIGH AVE OHIO AVE Local Access 5 202417 PERRY AVE TERRACE ST 19TH ST Minor Arterial 6 202441 PERRY AVE 19TH ST HIGHLANDS ST Minor Arterial 6 202476 TRENTON AVE TERRACE ST CASCADE TRL Major Collector 3 202478 TRENTON AVE TERRACE ST CASCADE TRL Major Collector 2 202506 PERRY AVE HIGHLANDS ST CASCADE TRL Minor Arterial 5 202639 PERRY AVE CASCADE TRL PARKER PL Minor Arterial 10 202668 PERRY AVE CASCADE TRL PARKER PL Minor Arterial 6 202748 HOLMAN ST NIPSIC AVE TRENTON AVE Local Access 10 202752 PERRY AVE PARKER PL HOLMAN ST Minor Arterial 6 202753 HOLMAN ST PERRY AVE NIPSIC AVE Local Access 5 202759 HOLMAN ST NIPSIC AVE TRENTON AVE Local Access 14 202760 PERRY AVE PARKER PL HOLMAN ST Minor Arterial 8 202768 HOLMAN ST PERRY AVE NIPSIC AVE Local Access 15 203245 SHERIDAN RD MCCLAIN AVE DS@329E MCCLAIN AVE Minor Arterial 5 203248 SHERIDAN RD LEWIS AVE LEWIS AVE Minor Arterial 2 203254 SHERIDAN RD PINE RD LEWIS AVE Minor Arterial 3 203263 SHERIDAN RD MCCLAIN AVE DS@329E MCCLAIN AVE Minor Arterial 2 203264 SHERIDAN RD LEWIS AVE MCCLAIN AVE Minor Arterial 4 203267 SHERIDAN RD LEWIS AVE LEWIS AVE Minor Arterial 2 203268 SHERIDAN RD DS@329E MCCLAIN AVE BIRCH ST Minor Arterial 3 203270 SHERIDAN RD PINE RD LEWIS AVE Minor Arterial 2 203274 SHERIDAN RD ROBIN AVE CLARE AVE Minor Arterial 0 203275 SHERIDAN RD BIRCH ST ROBIN AVE Minor Arterial 1 203280 SHERIDAN RD BIRCH ST ROBIN AVE Minor Arterial 2 203555 SYLVAN WAY ROBIN AVE SOLIE AVE Minor Arterial 6 203558 SYLVAN WAY BIRCH AVE ROBIN AVE Minor Arterial 4 203561 SYLVAN WAY PHILLIPS AVE BIRCH AVE Minor Arterial 4 H ii �z 4 ce r• D Ei AA 4 9iH u K • u e 4 G e.*� hoc, a 4,�tis AVEt jLt ,t, A L S' Z WHET . nnb x U h. h 4 _ tef {; ' 202372 202399 �� Ar j 61 Q LA o a �S ;AZd :u �� - ti o K a 5iH 5, t Int 5S 202126 m m 0 N O N 201957 201952 201945 2Q118 201914 201910 201899 N N O m ,s 0 201924 0 N N N O.O N N 201197 201668 17, 201563 „ 0 201537 201527 N,_ 201432 201424 201381 m--201394 Zo 201417 N VN201270 201264 .4-, 201245 201239 N O O N N 201109 201105201076 °'co 201079 N `—O OQ NN 4 t 200919 200914 200909 200915 � IIIIND — I.""..1" 200884 :, 200815 200842 20082\--- 20061\ �"^'z ,...4eum#ell fl; 20077 200763 ` W 2008 2 ////=:7IQ W a 200786c u a K a w 304;BIJP$t 1 ?' C x od ft[Gr}4Y A'n'f 11 tart if:iN A".[ ,,,to:OR 41,r o¢SF"A E 0 5 0 250 500 1,000 1,500 US Feet Legend City of Bremerton Sidewalk Trip Hazard Additional Sidewalk Locations s= Department of Public Works and Utilities Removal Project -- Initial Sidewalk Locations Engineering Division Sidewalk Location Map February 2020 COB Project No. 315033-6026 Sheet 1 of 2 Art . E x zS E. w a i 4 203561 203558 203555 SYLVAN WAY 1360'NE SYLVAN WAY Bataan 6WzbErry Pars Parkw wSUNR SE DR w Ts N d' 0, m x ._ NE GkRRttER$T } o pit 2 A. m W VIRU}N1A ST NE DODGE ST rc fi Y 563 �f k, NE DENNY ST E 32TU7 V' NE BELLPARK OR DIMST M ., W w EL FRANKLIN ST i E q E SIST ST u1 E 3tST ST h A w A. NE iWYOLNNG ST t .'+ 0 1. t) r a , y.SvTx ST b WARNER ST N '4 o NE SETH S' v 2 w WARNETTTST 20- 203275 2 �� EARNEftr 203270 203267 203264 203263 203266 �3 q E29TE RN 0. 203254 203248 203245 SNERIDAN RD yi SHERIDAN RD 4?''S S. OYy CNtg.NU, �I g,+ fi 'T 4,k WALNUT S.T. 1"in9;6T NE FRUITtAND ET N€SUNSET LN 202753202768 202759 202748 0 j I N..us NN E23RD ST a ut iS C W E 22ND ST x rnm a .� w N N i K E oN N 0 0 LO N O E NiCi.H WAN CS !,‘T. m O N V E T4T.; N 202399 N 202372 cm Nov / N 202353 N n M I CD4,N N N O N -202126 N N CO c0 O N O N 201957 201952 2019 w w 45 #-TSTH 5' „1 NO 201924 201918201914 201910 201899 a . 4 , —23 n, N Cn vi CO m O Kinette N p N "E.: w 201197 Pdaytkid 201668 '1 rtt„I r a c. 201515 �`� I 201537 201563 °' 201527 ---- r <- rt ;e cA a r±ttii sr 0 201432 201424 201381 a tt t� o a w 201270 x 201245 201239 201264 - - h1 v w N 0. X 0 CO N \201109 201105201076 V ;;,eN KING WAY N. 0 o 201079 200909 200915 _ 0 25U 5UU r,Od� 200884 200842 innii [t5 Feet 200810 - �______200812 200786 200772 200763 , A., ... ,,,. ,,,... Legend City of Bremerton Sidewalk Trip Hazard Additional Sidewalk Locations 6 Department of Public Works and Utilities Removal Project -- Initial Sidewalk Locations Engineering Division Sidewalk Location Map February 2020 COB Project No. 315033-6026 Sheet 2 of 2 about:blanl PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Aj Spray Foam DBA Slabjack Geotechnical ("Contractor"), whose mailing address is 630 Valley Mall Parkway. #431 East Wenatchee, WA 98802. The parties agree as folbws: 1. CONTRACTOR SERVICES. The Contractor shall perform the folk wing services for the City described in the Bid Documents titled: SIDEWALK TRIP HAZARD REMOVAL PROJECT#310533-6026. 2. TIME OF COMPLETION. Contractor shall complete the work within 40 Working Days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 156. 337.95, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. performance Bond and Payment Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond and payment bond for the full contract amount to be in effect until thirty(30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this agreement;and extra work and materials furnished without the City's written approval. If Contractor is unable,for any reason,to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise,and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs,including legal costs and attorney fees,incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work,including any Additional Costs,from any and all amounts due or to become due the Contractor. City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page I of 9 November 2019 1 of 10 1/6/2020, 11:36 A about:blanc C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL PRECLUDE ALL CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unempbyment compensation, and all other payroll deductions for the Contractor,officer,agents,employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required,in connection with the contract services, including all required licenses for Contractor's officers,agents,employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause"shall include,without limitation,any one or more of the folbwing events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal. state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause,the Contractor shall not receive any further monies due under this agreement until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor& Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 2 of 9 November 2019 2 of 10 1/6/2020, 11:36 A. about:blani written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time albwed the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided bebw: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction,instruction,interpretation,or determination by the City,the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the folbwing information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d The estimated dollar cost, if any, of the protested work and how that estimate was determined e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 3105334026 Page 3 of 9 November 2019 3 of 10 1/6/2020, 11:36 Al about:blank B. Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions,interpretations,and determination). E. Failure to Folbw Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions,instructions,interpretations,and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time,whether under this agreement or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7)calendar days from the date Contractor knew,or should have known,of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PR©VIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 4 of 9 November 2019 4 of 10 1/6/2020, 11:36 Al about:blank form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer,officials,empbyees,agents and volunteers harmless from any and all claims,injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement,except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and Volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub- consultants or sub-contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage;and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Prefect 310533-6026 Page 5 of 9 November 2019 5 of 10 116/2020, 11:36 Al about:blank bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; expbsion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion,color, sex, national origin,or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 6 of 9 November 2019 6 off- 10 1/6/2020. 11:36 A about:blank C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk,and Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,Kitsap County,Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery,but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections,sub-sections,or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement,together with any attached Exhibits,supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 7 of 9 November 2019 7 of 10 1/6/2020, 11:36 A about:blank agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail L. Not Used. M. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid upon request. IN WITNESS WHEREOF,the parties below ave executed this agreement. # I CONTRACTO THE CITY OF BREMERTON Al Spray Foam dba Slabjack Geotechnical Print Name:Jega II 52 er)I' Print ame:�7' ��/?r Title: �/t''- 4y� W Title:U¢_.�.. o DATE i//O / oa DATE ► 12:51202-0 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: AJ Spray Foam dba Slabjack Geotechnical ATTN: Chris Dimmitt 630 Valley Mall Parkway,#431 345 6th Street,Suite 100 East Wenatchee,WA 98802 Bremerton,WA 98337 (509) 888-4600 (360) 473-2307 City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 8 of 9 November 2019 8 of 10 1'6'2020. 11:36 A • about:blank (360) 473-5398 (facsimile) APPROVED AS TO FORM: ATTEST: 1444,41 tze" 433°)17eit Roger A.Lubovich Ange oover Bremerton City Attorney City Clerk City of Bremerton Public Works Agreement Sidewalk Trip Hazard Removal Project 310533-6026 Page 9 of 9 November 2019 9 of 10 1,"6.'2020. 11:36 Al about:blank THIS PAGE LEFT INTENTIONALLY BLANK 10 of 10 1/6/2020, 11:36 Al ACØRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 411......---- 01107/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 Shari Savage Gellatly Insurance Services PHONE FAX (A/C,No,Ext): (NC,No): 22 N Chelan Ave E-MAIL shari ellatl .corn ADDRESS: �9 y INSURER(S)AFFORDING COVERAGE NAIC C Wenatchee WA 98801INSURER A: Scottsdale Insurance 41297 INSURED INSURER B: Ohio Security Insurance Co 24082 AJ Spray Foam Services LLC,DBA,Slabjack Geotechnical 1r INSURER C 630 Valley Mat Pkwy#431 Ok•a� I •77•')D)o INSURER 0 0 INSURER E East Wenatchee WA 98802 INSURER F. COVERAGES CERTIFICATE NUMBER: CL201738510 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POUCY EXP LTR TYPE OF INSURANCE INSD WVD POUCY NUMBER (MM/DD!YYYY) (MM/DO/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 �/ EACH OCCURRENCE 3 CLAIMS-MADE X OCCUR/ PREMISES EaDAMAGE TOEoccurrence) $NTED 100,000 ,_ 000 EXP(Any one person) S 5.000 A Y Y CPS3186887 05/23/2019 05/23/2020 PERSONAL&ADVINJURY $ 1000000 PERSONAL GENLAGGREG�TELIMITAPPLIESPER , B GENERAL AGGREGATE $ 2,000.000/ POLICY X PRO V 2.000,0,00 JECT LOC PRODUCTS-COMP/OPAGG § OTHER Wa Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) VV , ANY AUTO BODILY INJURY(Per person) $ BOWNED x SCHEDULED Y Y BAS54790127 06/01/2019 06/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY (Per accident) BACEE s UMBRELLA LIAR 1.000 00 _ OCCUR EACH OCCURRENCE 5 A X EXCESS LIAB CLAIMS-MADE Y Y CXS0015307 01/02/2020 05/23/2020 AGGREGATE S 1.000,0 0 DED RE'ENTION S S WORKERS COMPENSATION PERl DTH- WA STOP GAP AND EMPLOYERS'LIABILITY STATUTE XI ER Y/N 1,000,000 A ANY OFFICER/MEMBER N/A CPS3186887 05/23/2019 05/23/2020 E.L.EACH ACCIDENT $ OFFldato y In HEXCLUDED 1,000,00 (Mandatory In NH) EL DISEASE•EA EMPLOYEE $ It yes describe under 1,000.000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) PROJECT#310533-6026 SIDEWALK TRIP HAZARD REMOVAL THE CITY OF BREMERTON,ITS OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS SHALL BE NAMED AS AN ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE CONTRACTOR. COVERAGE SHALL BE PRIMARY AND NON-CONTRIBUTORY INCLUDING A WAIVER OF SUBROGATION PER ATTACHED ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF BREMERTON ACCORDANCE WITH THE POLICY PROVISIONS. NORMS DICKS GOVERNMENT CENTER AUTHORIZED REPRESENTATIVE 345 6TH ST.STE.100 BREMERTON WA 98337 i 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CO 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these ad- include as an additional insured any person or or- ditiona! insureds, the following additional exclu- ganization for whom you are performing opera- sionsapply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury","property damage"or"personal additional insured on your policy Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property darn- sional architectural, engineering or surveying age"or"personal and advertising injury"caused, in services,including: whole or in part, by: a. There arin p p g, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- 2. The acts or omissions of those acting on your ders, change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured engineering activities. However,the insurance afforded to such additional This exclusion applies even if the claims against insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the"occur- 2. Will not be broader than that which you are re- rence" which caused the "bodily injury" or "prop- quired by the contract or agreement to provide erty damage", or the offense which caused the for such additional insured. "personal and advertising injury", involved the ren- dering of or the failure to render any professional A person's or organization's status as an addi- architectural,engineering or surveying services. tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 33 04 13 Copyright, Insurance Services Office, Inc.,2012 Page 1 of 2 INSURED 2. "Bodily injury"or "property damage"occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to Sec- a. All work, including materials, parts or tion III-Lim its Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional in- such work, on the project(other than serv- sured is the amount of insurance: ice, maintenance or repairs) to be per- 1. Required by the contract or agreement you formed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable Limits of Insur- b. That portion of "your work" out of which ance shown in the Declarations; the injury or damage arises has been put to its intended use by any person or or- whichever is less. ganization other than another contractor This endorsement shall not increase the applicable or subcontractor engaged in performing Limits of insurance shown in the Declarations. operations for a principal as a part of the same project • Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 20 33 04 13 • COMMERCIAL GENERAL LIABILITY CG 2001 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS!COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- PrimaryAnd Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured. tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 Copyright, Insurance Services Office, Inc.,2012 Page 1 of I INSURED POLICY NUMBER: CP53186887 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph B. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because'of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. • • CG 24 04 05 09 Copyright,insurance Services Office, Inc.,2008 Page of I INSURED cg2404a.fap Bond No. 72227419 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That AJ Spray Foam Services, dba Slabjack Geotechnical y a$CONTRACTOR, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the sum of One Hundred Fifty-Six Thousand Three Hundred Thirty-Seven and 95.'100 • ($156,337.95) dollars, for the payment of which sum, well and truly to he 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 SIDEWALK TRIP HAZARD REMOVAL PROJECT# 31.0533-6026;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 he liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost,expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond,the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract,or 2. Tender to the OWNER the demanded sum,up to the amount of the bond. However,if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return,without interest,any overpayment to the Surety. PROVIDED,that any alterations in the WORK to be done or the materials to be furnished,or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder,nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or City of Bremerton Performance Bond Sidewalk Trip Hazard Removal 310533-6026 Page 'of 2 November 2079 • 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. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety.This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR IN WITNESS WHEREOF,we have hereunder set our hands and seals this 7th day of January , 20'-x! AJ Spray Foam Services,LLC dba r SEAL Slabjack Geotechnical (SEAL) WESTERN SURETY COMPANY (SEAL) r (CONT C R) _(Surty) CBP__..../._. ....:.. ...._AII'llo_ • and (Signature and SEAL) ‘..yzpi( By:, ' 1 Ica"1/4— '`\.' _..-'."-N.``--ii-krt-SeC--- (Signature SHARI L SAV AGE,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent WESTERN SURETY COMPANY 151 N.Franklin, 17th Floor Chicago,IL 60606 Address of Surety for service of process: WESTERN SURETY COMPANY (must be a physical address) 101 S. Reid St., Ste. 300 Sioux Falls, SD 57103-7646 ���,SURETy4, c CORPORATE 1.1 I1! * SEAL s-OW toe City of Bremerton Performance Bond Sidewalk Trip Hazard Removal 310533-8026 Page 2of2 November 2019 , Western Surety Company POWER OF ATTORNEY- CERTIFIED COPY Bond No. 72227419 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint SHARI L SAVAGE its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for. Principal: AJ Spray Foam Services, LLS dOa S1abjaok ?eoteohnical Obligee: City of Eremorton Amount: $1, c,--2c.,,_,n iD, ; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President. sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies. undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies. undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 7,-2-22 741.9 is not issued on or before midnight of March 15, 202.; ,all authority conferred in this Power of Attorney shall expire and terminate. I is yifi¢ f,R estern Surety Company has caused these presents to be signed by its Vice President.Paul T.Bruflat,and its E20, "' r 7th day of V' cor gni al t6 be thisvanuar X020 t Y -- -.1 Y 3„�: , - WEST .' R + Si_' RE ' " O '\iPANY t 4 P ;'Pw S> 13 -SC :"rH- A Paul T. ruflat.Vice President COL'IYi' CrfttOrtiik.HA SS 4ff4ii i e.czi 11 On this It....:". day of January ,in the year 2020 ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTER`; Sl"h E-ry E'0MMANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +%.4.4%n'o5h4444444%%%%%%44ti 8 s s J. MOHR s �, 0I /t_J a NOTARY PUBLIC a Notary Public-South Dakota a SOUTH DAKOTA SEAQ s +%%%%%%%%4%%444444444.I + :r.isai n Expires June 22, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof.I have hereunto set my hand and seal of Western Surety Company this ^r=- day of January WEST: R '. SURE&27 COMPANY Paul T.7uflat,Vice President To validate bond authenticity,go to www.cnasuretv.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 PAYMENT BOND Bond No. 7222419 KNOW ALL MEN BY THESE PRESENTS, That AJ Spray Foam Services,I.LC dba Slabjack Geotechnical as CONTRACTOR, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of One Hundred Fifty-Six Thousand Three Hundred Thirty-Seven and 95'100 ($156,337.95) 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"SIDEWALK TRIP HAZARD REMOVAL PROJECT#310533-6026";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 thisbond. 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 Agreement 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 • Payment Bond Sidewalk Trip Hazard Removal 310533-6026 • Page 1 of 2 November 2019 IN WITNESS WHEREOF,we have hereunder set our hands and seals this 7th day of January, 2()'_t AJ Spray Foam Services,LLC dba Slal?iack Geotechnical WESTERN SURETY COMPANY (CONTRACT ) (Surety) Si nature and S ( g ) (Signature and SEAL) SHARI L SAVAGE,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: WESTERN SURETY COMPANY 151 N Franklin, 17th Floor Chicago,IL 6-6(16 Address of Surety for service of process: 101 S. Reid St., Ste. 300 (must be a physical address) Sioux Falls, SD 57103-7046 SUR �y CORP NozAL * City of Bremerton Payment Band Sidewalk Trip Hazard Removal 310533-6026 Page2of2 November 2Q19 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond do Know All lien By These Presents that WESTERN SURETY COMPANY a corporation duly organized and existing under the laws of the State of South Dakota.and hating its principal office in Sioux Falls,South Dakota(the"Company").does by these presents make, constitute and appoint its true and lawful attorney(s)-in-fact. with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety.bonds for. Principal' = C�bliee- r_ .. Amount: and to hind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President sealed with the corporate seal of the Company and duly attested by its Secretary.hereby ratifying and c•onfirnung all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effort "Section 7. All bonds, policies. undertakings, Powers of Attorney or other obligations of the •o c.tpat•ation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer. or any Vice President or by such other officers as the Board of Directors may authorize- The President.any Vice President,Secretary,any Assistant Secretary.or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds.policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bond-, policies. undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No L ._ is not issued on or before midnight of _ -_' ,all authority conferred in this Power of Attorney shalt expire and terminate In-34ritliPtvf.Western Surety Company has caused these presents to be signed by its Vice President,Paul T Bt•uflat,and its corp; ,eeal'to'be.af this __ =- day.of WEST: R SURE " MFANY STrAT NF.S5-UTH.D.,ANW.i Paul T ulat Vice President ss On this day of _ .in the year , . __ ,before me,a notary public•,personalty appeared Paul T. Bruflat. who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SU'RET'i MPANY and acknowledged said instrument to be the voluntary act and deed of.aid corporation. *.V.9.160.11%,000,3104.).4.000740.1.0,0040+ J. MOHR ,it� NOTARY PUBLICs SEAL SEAL d Notary Public-South Dakota a SOUTH DAKOTA a +555y5y4yy55605560:w60�%606060+ I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevoK:able,and furthermore.that Section 7 of the bylaws of the Company as -et forth in the Power of At t,rnev i-;now in fork, In testimony whereof.I have heretmt set my hand and soil of Western Surety Company this -:. day of WEST R SI' RE \IP 1N 1- Paul T ruflat,Vice President To validate bond authenticity.go to%%%%M.cnasuretx.com > ner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017