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AGENDA BILL CITY OF BREMERTON 7G CITY COUNCIL Updated SUBJECT: Contract Award to Transblue, Study Session Date: July 11, 2018 LLC for Pedestrian Crossing and Sidewalk COUNCIL MEETING Date: July 18, 2018 Improvements Project Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The work in the Bid Documents includes construction of 8 ADA curb ramps, and sidewalk repairs at 11 locations. Two bids were received; the lowest was from Transblue, LLC from Edmonds, Washington. While the bid cost from Transblue for the ADA curb ramps (Bid Schedules A — D)was consistent with the Engineer's Estimate, recent experience with City construction on residential streets indicates significant cost savings can be achieved if these ramps are constructed using in-house staff. The projected cost savings for the sidewalk repairs (Bid Schedule E) is more modest since the City would contract out the tree removal. In the Bid Documents, staff included language to allow the City to adjust the project scope. The Staff recommendation is to award the Sidewalk Repair work only (Bid Schedule E), and authorize amendments to the contract up to a total expenditure of$107,000 to match the project budget. ATTACHMENTS: 1) Bid Tab 2) Contract 3) Sidewalk Repair Site Plans FISCAL IMPACTS (Include Budgeted Amount): This work is included in the Residential Streets and Transportation Capital Budgets under ADA Sidewalk Improvements ($90K for curb ramps), and Sidewalk Abatement ($70K for sidewalk repairs.) The project would combine these funds for sidewalk repairs. STUDY SESSION AGENDA: El Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award Bid Schedule E of the contract titled Pedestrian Crossing and Sidewalk Improvements Project to Transblue LLC, authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and authorize amendments to the contract up to a total expenditure of$107,000 to match the project budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the 2 4thday of Ju Y in the year 2018 by and between the City of Bremerton (hereinafter called CITY)and Transblue, 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 PEDESTRIAN CROSSING AND SIDEWALK IMPROVEMENTS ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 60 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 DocurnentS Jrrthe amount:set.forth in the Bid Proposal,which=shalt include sales tax as rovided in Section 140_1of the Special Provisions. e aarnbe �?e fA'S w>sc1 .a� C . Pirberrkl E A, oigtor imIA5 :l ARTICLE 5.PAYMENT PROCEDURES. 6,64-.1 AA* .. w 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 C ctor Initials 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: • Bid Proposal including the Proposal Forms, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Contract Plans, • Addenda numbers 1 to 1 , 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. Contra r Initials 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 .r , 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 paya subcontractors subco tactors and suppliers. q P PP 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 CONTRACTOR Transblue, LLC TOW iRkAD By By Vr c) C sto/LS ORPORATE SEAL] AttestdO Attest *kb. Q Day Address for giving notices Address for giving notices W4 i JIY4i 3W /COQ LSAcg e-cL'(C `5, Mle )- rgyM,& , kyr 615.--6y) License No. e' • k • c • CONTRACT (Page 4 of 4) Approved es.to Form: Agent for service of process: (Sit/nature) Of (AA Njok 2 L,17' (Title) A Q® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/06/2018 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(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 Dennis Bey NAME: Business Insurance Management PHONEo Ext): (206)378-1132 FAX (A/ No): (206)378-1136 1818 Westlake Ave N E-MAIL audrey@bimins.com ADDRESS: Ste 320 INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98109 INSURER A: United Specialty Insurance Company INSURED INSURER B: Ohio Security Insurance Company W Business Solutions,LLC,DBA:Transblue LLCINSURER C: National Union Fire Insurance Company of Pittsburgh,PA 7601 Olympic View Drive#6158 INSURER D: A INSURERE: � /�\V, Edmonds WA 98026 INSURER F: \ / F COVERAGES CERTIFICATE NUMBER: CL168901470 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 ADUL SUUH POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE 1,000,000 CLAIMS-MADE X OCCUR PREMISES(ETO a occcu ND $ 50,000 MED EXP(Any one person) $ 5,000 A DBRUS000299-00 04/06/2018 04/06/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY XPRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ g OWNED SCHEDULED BAS58291919 09/25/2017 09/25/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS-MADE EBU074061009 08/02/2018 08/02/2019 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE X ER Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA DBRUS000299-00 04/06/2018 04/06/2019 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as additional insured on a primary and non-contributory basis with a waiver of subrogation per endorsements CG 20 38 04 13,CG 20 37 04 13,CG 20 01 04 13,TMGL 175 10/11,GMGL 176 10/11,TMGL 172 10/11 and CG 24 04 05 09. 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. 3027 Olympus Dr AUTHORIZED REPRESENTATIVE Bremerton WA 98310 ) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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: Automatic Status When Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. 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 © Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II—Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured: additional insureds, the following additional exclusions 1. Any person or organization for whom you are apply: performing operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or 1. "Bodily injury", "property damage" or "personal agreement that such person or organization be and advertising injury" arising out of the rendering added as an additional insured on your policy;and of, or the failure to render, any professional 2. Any other person or organization you are required architectural, engineering or surveying services, to add as an additional insured under the contract or including: agreement described in Paragraph 1.above. a. The preparing, approving, or failing to prepare Such person(s) or organization(s) is an additional or approve, maps, shop drawings, opinions, insured only with respect to liability for"bodily injury", reports, surveys, field orders, change orders or "property damage" or"personal and advertising injury" drawings and specifications;or caused,in whole or in part,by: b. Supervisory, inspection, architectural or a. Your acts or omissions;or engineering activities. b. The acts or omissions of those acting on your This exclusion applies even if the claims against any behalf; insured allege negligence or other wrongdoing in the in the performance of your ongoing operations for the supervision, hiring,employment,training or monitoring additional insured. of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage",or the However, the insurance afforded to such additional offense which caused the "personal and advertising insured described above: injury", involved the rendering of, or the failure to a. Only applies to the extent permitted by law;and render, any professional architectural, engineering or b. Will not be broader than that which you are surveying services. required by the contract or agreement to provide 2. "Bodily injury" or "property damage" occurring for such additional insured. after: A person's or organization's status as an additional a. All work, including materials, parts or insured under this endorsement ends when your equipment furnished in connection with such operations for the person or organization described in work, on the project (other than service, Paragraph 1.above are completed. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or CG 20 38 04 13 0 Insurance Services Office,Inc.,2012 Page 1 of 2 TMGL 175 10/11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS (PRIMARY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: Name of Additional Insured Person(s)Or Organization. Location and Description of Completed Operations: Any operations as required under written contract. We shall name person(s)or organization(s)as additional insured(s)to this insurance as required under a written contract with the Named Insured entered into before the daim or loss for whidi this policy applies. No coverage,indemnity and/or defense obligations shall be provided under this endorsement to any person(s)or organization(s)daiming to be additional insured(s)for claims or losses whidi do not arise from the Named Insured's work or operations under a written contract and completed during the policy period. The Named Insured's mere presence at a work site shall not be deemed suffident cause to require coverage,indemnity and/or defense to any person(s)or organization(s)daiming to be an additional insured under this endorsement. There shall be no coverage,indemnity,and/or duty to defend any person(s)or organization(s)daiming to be an additional insured under this endorsement if the daim or loss does not arise;in whole or in part,from the negligence and/or fault of the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the "products-completed operations hazard." If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 175 10/11 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution 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 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 • TMGL 176 10/11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - (PRIMARY APARTMENT INCLUSION) This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name of Additional Insured Person(s)Or Location and Description of Completed Operations: Organization(s). Any operations as required under written contract. As required by written contract. No coverage is provided under this endorsement for single and multi family dwelling units,except for apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the "products-completed operations hazard.". If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 176 10/11 AG 19 60 05 15 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) !i Location And Descri•tion Of Com•leted O•erations See Terms and Conditions of Coverage on page 1 This endorsement does not apply to your work on of this endorsement "residential property" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III--Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part. by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the"products-completed operations hazard". However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law;and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable Limits of Insurance shown in the required by a contract or agreement, the Declarations. insurance afforded to such additional insured will riot be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 5 of 5 TMGL 172 10/11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (PRIMARY & NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury", "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage"which manifests after expiration of the Policy. 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UI Y W U W W w W W W W W W W Q 00000000000 W p 0 o v v v v v v v v v v N a ro ou m o0 ou oo ao oSau o8 o0 W U) 0- 0- 0- 2aa. ddd Wd W V) (/) (n U) (1) (0 V) U) V) 0)V) J 0 6, w O N M p u) t0 N- co O O �_ _ ,z W W W W W W W W W w W U - N July 24th, 2018 Sean Miller Transblue, LLC PO Box 6158 Edmonds, WA 98026 Re: Sidewalk Improvements Contract Award & Executing Contract Documents Dear Mr. Miller: Transblue, LLC was the lowest qualified Bidder from the MRSC Small Works Roster for the City of Bremerton project Pedestrian Crossing and Sidewalk Improvements. The contract was awarded to Transblue by the Bremerton City Council on July 18, 2018 in the amount of $70,912.15. Per Section 1-03.1 of the project specifications, the City is awarding only Schedule E-Sidewalk Repair. In order to expedite the execution of the project contract, you are being provided three (3) copies to complete and sign. For each set, please sign or initial where indicated, including the use of a corporate seal where required. When complete, please return the three (3) copies of the contract within 10 days of receipt along with insurance certificates, and documentation for performance and payment bonds. The copies of the contract, insurance certificates, and bond documentation should be mailed to me at the address below: City of Bremerton, Engineering ATTN: John Butler 345 6th St, Suite 500 Bremerton, WA 98337 Insurance requirements are detailed in the project Request for Proposal while requirements for performance and payment bonds can be found in Section 1-03.4 of the project specifications. I will be in contact shortly to schedule the pre-construction meeting. At, or before, the pre- construction meeting you will be required to provide the following documentation: • Technical submittals, including the following: o Project schedule o Concrete mix design o Joint filler for sidewalks o Crushed surfacing top course o Traffic Control plan for each repair site Public Works& Utilities I 100 Oyster Bay Ave.N.,Bremerton, WA 98312* Phone(360)473-5920* Fax(360)473-2330 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Contract Execution-Transblue-Sidewalk Repair Page 2 of 2 o Method of Tree Removal or Root Pruning for each site, including any backfill (if required) o Root Barrier o List of subcontractors • Documentation of Intent to Pay Prevailing Wages Please call me at (360) 473-2307 if you have any questions regarding the contract and supporting documentation. I can also be reached via e-mail at john.butler@ci.bremerton.wa.us. We look forward to working with you on this project and improving the City's sidewalks. Sincerely, John Butler, P.E. Encl: Contract (3) copies Addendum 1 (1) copy Cc: Thomas Knuckey, P.E., City Engineer Cathy Bonsell, Project Assistant Public Works& Utilities I 100 Oyster Bay Ave.N., Bremerton, WA 98312*Phone(360)473-5920* Fax(360)473-2330 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! JNFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete these items may cause the Bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General Information is delivered to the OWNER. Contractor Name 1 R PNS LUE L •C Primary Classification: Address �� \� 6 t� �� S�c F L-5>ti w�t7 Wc� 92o-3-7 Telephone: "I 2—S Fax number: E-mail address: \ C•)(Z�9-. Name and contact information for proposed ProjectManager: Johv\— ��-,,v�� l F[0\ v( C; L-5C-97-7 ) DEEI '- (-2S" z.33- USA-1 Employer's identification number(employer SSN, not personal SSN): 7 13 7 a� Z, Employment Security Department number Washington Industrial Insurance number „.).3I COLI 193YQ) Washington State Excise Tax Registration number Le./0 Liat l i — 001 O / Washington State Contractor's Registration number/expirationdateti1 �Ac 4 j g 3 43"6,d City of Bremerton Business License number �3 t 5 /1 * If not available, must be obtained prior to starting construction Name, address, and telephone number of Surety l Company and agent who will provide the required bonds this contract: W�-E-'r 3 5��,j tip Cov ,pc N6 Sa(& X i ) SIDEWALK IMPROVEMENTS AUGUST 2018 BID FORMS 00 41 00-1 Western SuretyCompany PAYMENT BOND Bond Number: 72066388 KNOW ALL PERSONS BY THESE PRESENTS, That we Transblue LLC of 18717 76th Ave. W. , Ste. F, Lynnwood, WA 98037 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton of 3027 Olympus Drive, Bremerton, WA 98310 , hereinafter referred to as the Obligee, in the sum of Seventy Thousand Nine Hundred Twelve and 15/100 Dollars ($70, 912.15 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of , for Sidewalk Repairs and Tree Removal copy of which contract is by reference made a part lereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 17th day of August , _ 2018 Transblue LLC _ (Principal) By tc (-•JS< - (Seal) sOkETV Western Surety Company -"e ��(5 f+(Su y) y'opORATE Z By V (seal $EAL Dennis V. Bey Attorney-in-Fact *s, �Q RUTH DO ODc Western Surety PERFORMANCE BOND Bond Number: 72066388 KNOW ALL PERSONS BY THESE PRESENTS, That we Transblue LLC of 18717 76th Ave. W. , Ste. F, Lynnwood, WA 98037 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton Of 3027 Olympus Drive, Bremerton, WA 98310 , hereinafter referred to as the Obligee, in the sum of Seventy Thousand Nine Hundred Twelve and 15/100 Dollars ($ 70, 912.15 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of , forSidewalk Repairs and Tree Removal NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the C.)ntractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 17th , day of August 2018 Transblue LLC (Principal) By L)(,a)l.f> We. ult(Seal) Western Surety Company ,SVRETYCO� (Surety) -ORATE ORATE vZ By 13E'• (seal) $EAL Dennis V. Bey Attorney-in-Fact s o�Q y � OUTH OPy- Form F4597 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 72066388 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 Dennis V. Bey 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: Transblue LLC Obligee: City of Bremerton Amount: $1,000,000.00 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 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 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. 72066388 is not issued on or before midnight of October 20, 2018 ,all authority conferred in this Power of Attorney shall expire and terminate. Ith.W 2 Western SuretyCompany has caused thesepresents to be signed its Vice President,Paul T.Bruflat,and its P Y g by COI gpt 1.6114.044,this 17th day of August , 2018 -` s03xre. �" = Y WEST: R SURE COMPANY =...4r .`3.„3 ST1 OW.SOU l'Elj A Paul T. ruflat,Vice President - £ fit'^' ' ss COUl ` c ' '744401i fikill" On this 17th day of August ,in the year 2018 ,before me,a notary public,personally appeared Paul T. Brufiat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +44444..%%%%%%%%%%%444444%+ J. MOHR 8 74e-ktJ NOTARY PUBLICSEAL s TJ Notary Public-South Dakota SOUTH DAKOTA s +%%%%% %444444N444444444�.+ My Commission Expires June 3, 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 17th day of August 2018 WEST ' R0, SURE COMPANY SU` Paul T. ruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017