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HomeMy WebLinkAbout6663 AGENDA BILL 4 H CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 28, 2024 Contract with Redside Construction, LLC COUNCIL MEETING Date: March 6, 2024 for the Pine Road Basin Stormwater Department: PW&U Improvements Marine Impact Basin Project Presenter: David Dinkuhn Phone: (360) 473-5331 SUMMARY: This project replaces a failing stormwater outfall located at the intersection of Sheridan Road and Lebo Boulevard. Work will include construction of a concrete impact basin and installation of beach gravels, cobble, and boulders for energy dissipation. This project is the second phase of the Pine Road Basin Stormwater Improvements Project. The first phase of the project was construction of the storm system in Eagle and Robin Avenues which was completed in 2023. Six bids were received and were opened on January 30, 2024. Redside Construction LLC was the lowest responsive bidder with a total bid in the amount of$883,910 (including sales tax). ATTACHMENTS: 1) Contract 2) Vicinity Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2024 Stormwater budget. STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: C Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the contract with Redside Construction LLC in the amount of$883,910 (including sales tax) for the Pine Road Basin Marine Impact Basin 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 11/09/2021 DocuSign Envelope ID: FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuctgn tnveiope iu:zrz�yuI -I��r�a4�-ts�iat�-t y5ur5ru51[i CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the 13th day of March in the year 20 24 by and between the City of Bremerton (hereinafter called CITY) and Redside Construction LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1.WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Pine Road Basin Stormwater Improvements Marine Impact Basin Project. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 80 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 accordance with Section 1-08.9 of the Special Provisions after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions.Applications for Payment will be processed by ENGINEER as provided in the Special Provisions 67 Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-39 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4 E4A7 E5951 F 2 uocuNgn tnveiope ILK zr«aurr-r:11-4U41-tsbats-Ua5ur5ru52Z/ CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers 01 to 02 , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-40 December 2023 Marine impact Basin Project Contract Documents Contract DocuSign Envelope ID: FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocu ign tnveiope lu:Lrzu9u/r-r441-- 941-tiEi91:3-U95Ur5rU5227 CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental, or sensory disability. ARTICLE 10.ADA STATEMENT The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. 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 --Bremer®,����R� CONTRACTOR Redside Construction, LLC 1, DAra6o6 Eer747❑... By Greg Wheeler, Mayor By r2DocculigDi.ned by: Attest 4 c(*Q(\, E46641-1- Attest City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-41 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuign tnveiope iu:LI-ZUUL)/h-rZ<r-4U41-1:Sbats-U9buF51-u9227 Address for giving notices Address for giving notices 345 6TH STREET, STE 100, BREMERTON,WA 98337 600 Winslow Way E.STE 237 Bainbridge Island,WA 98110 License No. REDSICL925PU City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-42 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuoign tnveiope iu:LrLC;yuir-I'LLr 4y41-tSFiykS-C y5Uf51-UJ117 CONTRACT (Page 4 of 4) Approved as t Signed by: L a L (l CRFRIRIR�A2 i Agent for service of process: (Signature) Mychael Raya Sam Berry (Title) Asst.City Attorney City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-43 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 UocuSign Envelope IU:2F2C9D7F-722F-4941-B69B-C95DF5FD5227 This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-44 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuaign tnvelope Iu:zrzu`JUrr-r«r-4V41-beyb-Uyeur51-u52,I CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ss. COUNTY OF KN85G45 I HEREBY CERTIFY that a meeting of the Members of the Redside Construction a Limited Liability Company existing under the laws of the State of Washington held on kl`k.o.rGN. `' , 20 , the following resolution was duly passed and adopted: "RESOLVED, that 5c '\ 152.5.1 and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated Mara.. , 20 Zit to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and � ^ t, effect. f IN WITNESS WHEREOF, I have hereunto set my hand this/D , day of -Aar , 20 2-Lt Redside Construction,LLC A Limited Liability Company By: ��--- TRU Memb r By: (4' P,PG �' Member • n E � L �� t�JAS�` O City of Bremerton Bid Forms Pine Road Basin Storm water Improvements Project 1-47 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate CITY OF BREMERTON Contract Documents For Pine Road Basin Stormwater Improvements Marine Impact Basin Project City of Bremerton Project No. 870 Public Works Trust Fund (PWTF) Loan No. PC18-96103-00 Bid Opening: 11:00 a.m., January 26, 2024 City Clerk's Office, City Hall 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 Contact Person: David Dinkuhn, PE Public Works & Utilities 345 Sixth Street, Suite 100 Bremerton, WA 98337-1873 Tel: (360) 473-5331 david.dinkuhnaci.bremerton.wa.us This Page Intentionally Left Blank CERTIFICATE OF ENGINEER The technical material and data contained in these Specifications for the Pine Road Basin Stormwater Improvements Marine Impact Basin Protect were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, is affixed below. �w . FO �� o1wAsgj d) A A Ica ti7 ca-• j /,- I i1 0 4p 46158 sv� Off, et/8TE* 444' ��81oNAL„AGA December 27, 2023 Prepared by: Matthew Fontaine, PE Associate Engineer, Herrera TABLE OF CONTENTS PAGE PART I - BIDDING REQUIREMENTS AND CONTRACT FORMS NOTICE INVITING BIDS I-1 BIDDER'S CHECKLIST I-5 PROPOSAL BOND 1-9 NON-COLLUSION AFFIDAVIT 1-11 SUBCONTRACTOR LIST 1-13 CONTRACTOR'S REGISTRATION 1-15 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES 1-17 BID PROPOSAL 1-18 PROPOSAL FORM 1-21 BID CERTIFICATE- CORPORATION 1-25 BID CERTIFICATE- LIMITED LIABILITY COMPANY 1-27 BID CERTIFICATE- PARTNERSHIP 1-29 BID CERTIFICATE- JOINT VENTURE 1-31 INFORMATION REQUIRED OF BIDDER 1-33 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT 1-35 CONTRACT 1-39 CONTRACT CERTIFICATE -CORPORATION 1-45 CONTRACT CERTIFICATE - LIMITED LIABILITY COMPANY 1-47 CONTRACT CERTIFICATE - PARTNERSHIP 1-49 CONTRACT CERTIFICATE -JOINT VENTURE 1-51 LOCAL AGENCY CONTRACT BOND 1-53 PAGE PART II - SPECIAL PROVISIONS INTRODUCTION TO THE SPECIAL PROVISIONS 11-1 DIVISION 1 -GENERAL REQUIREMENTS 11-2 DIVISION 2 - EARTHWORK 11-63 DIVISION 5- SURFACE TREATMENTS AND PAVEMENTS 11-71 DIVISION 7- DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 11-102 City of Bremerton Pine Road Basin Stormwater Improvements Project i December 2023 Marine Impact Basin Project Contract Documents Table of Contents DIVISION 8— MISCELLANEOUS CONSTRUCTION II-103 DIVISION 9— MATERIALS 11-118 STANDARD PLANS 11-124 APPENDICES A CONSTRUCTION PLANS — Under Separate Cover B CONSTRUCTION FORMS —Available Upon Request C POTHOLE REPORT D GEOTECHNICAL REPORT—Under Separate Cover E PERMITS F CULTURAL RESOURCES REPORT G WSDOT STANDARD TRAFFIC CONTROL PLANS H IRON PIPE SURVEY City of Bremerton Pine Road Basin Stormwater Improvements Project ii December 2023 Marine Impact Basin Project Contract Documents Table of Contents PART I BIDDING REQUIREMENTS AND CONTRACT FORMS This Page Intentionally Left Blank NOTICE INVITING BIDS for Pine Road Basin Stormwater Improvements Marine Impact Basin Project City of Bremerton, Washington NOTICE INVITING BIDS RECEIPT OF BIDS: Sealed Bids for the PINE ROAD BASIN STORMWATER IMPROVEMENTS MARINE IMPACT BASIN PROJECT will be accepted by mail (Attn: Angela Hoover), or in person by the City Clerk or designated staff on January 26, 2024 between 10:30 a.m. and 11:00 a.m. in the lobby of the Norm Dicks Government Center (6th Street entrance) located at 345 6th Street, Suite 100, Bremerton, WA 98337. Prospective bidders are hereby notified that they are solely responsible for ensuring timely delivery of their bid to the City of Bremerton. OPENING OF BIDS: The bids will be publicly opened and read on January 26, 2024 at 11:00 a.m. PST in the first floor council chambers. COMPLETION OF WORK: The WORK must be completed within fifty (50) working days after the commencement date stated in the Notice to Proceed. DESCRIPTION OF WORK: This Contract provides for the replacement of the stormwater energy dissipator structure, beach restoration, and landscape and pavement restoration. Work includes installation and maintenance of erosion and sediment controls; flow bypassing; marine water management; excavation and temporary shoring; sawcutting, removal, repair, and installation of asphalt pavements; planting; and temporary traffic control all in accordance with the Contract Plans, these Contract Provisions, and the Standard Specifications. Engineer's Estimate range for this project is $800,000 to $1,000,000. All work shall be performed in accordance with the Contract Plans, these Contract Provisions, and the latest edition of the WSDOT/APWA Standard Specifications. PREVIEWING CONTRACT DOCUMENTS: Contract Documents may be previewed at the ARC Document Solutions Public Planroom, https://www.e-arc.com/location/tacoma/ under the heading Planrooms, select Public Planroom. Select the Project Number to enter the Project, click on the cart Icons to select the files you would like to download, and click on instant download. Create a free account if you don't already have one — this will automatically place you on the planholder's list. PURCHASING CONTRACT DOCUMENTS: The Contract Documents may be ordered and purchased from ARC Document Solutions in Seattle, WA. Payment is typically cost of reproduction (non-refundable). Contact Bid Services at ARC in Tacoma P: (253) 383-6363; F: (253) 272-4064; Email: Tacoma.Bidservices@e-arc.com to request a set prior to pick-up. Bid documents will be available beginning January 5, 2024. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-1 December 2023 Marine Impact Basin Project Contract Documents Notice Inviting Bids PROPOSALS: All bid proposals must be made on the blank forms furnished in the Contract Documents. Sealed envelopes containing bids shall be entitled: Pine Road Basin Stormwater Improvements Marine Impact Basin Project. PROPOSAL BOND: Each bid proposal shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. The failure to furnish a bid deposit of a minimum of five percent (5%) shall make the bid nonresponsive and shall cause the bid to be rejected by the Contracting Agency. CONTRACT BOND: The successful bidder will also be required to provide a Performance Bond for 100 percent of the Contract Price. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Bremerton. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of seventy-five (75) calendar days from the date of bid opening. WAGE RATES: The attention of Bidders is directed to the requirements and conditions of employment to be observed and the minimum wage rates to be paid under the Contract. PROJECT FUNDING: This project is funded/partially funded, through the Washington State Public Works Trust Fund (PWTF) Loan program. PWTF requirements and provisions must be met by general contractors and all subcontractors. PROJECT ADMINISTRATION: All communications relative to this WORK prior to opening bids shall be directed to: Communication by phone/email: David Dinkuhn, PE Telephone: (360) 473-5331 david.dinkuhn@ci.bremerton.wa.us CITY'S RIGHTS RESERVED: The City of Bremerton reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. PUBLIC DISCLOSURE: All Proposals, including attachments and any documentation, submitted to and accepted by the City in response to this Notice Inviting Bids, become the property of the City and are subject to the disclosure provisions of the Washington Public Records Act. Submittals shall become property of the City and considered public documents under applicable Washington State laws. All documentation provided to the City may be subject to disclosure in accordance with Washington State public disclosure laws. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: It is the policy of the City of Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton will administer all actions with respect to employment practices in compliance with federal, state, and local laws, City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-2 December 2023 Marine Impact Basin Project Contract Documents Notice Inviting Bids and will not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identify, marital status, military status, or the presence of any physical, mental, or sensory disability. TITLE VI STATEMENT: The City of Bremerton, in accordance with the provisions of Title vi of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded fill and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ADA STATEMENT: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. Published: Daily Journal of Commerce: January 5, 2024 and January 12, 2024 Kitsap Sun: January 5, 2024 and January 12, 2024 END OF Notice Inviting Bids City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-3 December 2023 Marine Impact Basin Project Contract Documents Notice Inviting Bids This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-4 December 2023 Marine Impact Basin Project Contract Documents Notice Inviting Bids BIDDER'S CHECKLIST This section lists the contract forms required for this project. The bidder's attention is especially directed to the forms that must be executed in full as required and submitted with the bidder's bid. These are indicated as follows in the section titled "Bid Documents." BID DOCUMENTS These documents must be executed and submitted to the City with your bid, no later than the designated bid closing date and time. Bids that do not include all of the required forms, properly completed, may be declared unresponsive. 1. Proposal Bond 2. Non-Collusion Affidavit 3. List of Subcontractors 4. Contractor's Registration 5. Certification of Compliance with Wage Rate Statutes 6. Proposal Form 7. Bid Certificate 8. Information Required of Bidder 9. Proposal for Incorporating Recycled Materials into the Project Documents to be Executed by the Successful Bidder The following forms are to be executed after the contract is awarded. These forms must be submitted within five (5) calendar days after the date of Notice of Award of Contract. 1. Contract 2. Contract Certificate 3. Performance Bond (Bond is for 100% of the Contract Amount) 4. Payment Bond (Bond is for 100% of the Contract Amount) 5. Insurance Certificates Documents to be Executed Prior to Work The following form is to be executed prior to first payment: 1. Statement of Intent to Pay Prevailing Wages, Department of Labor and Industries (obtain instructions and form at https://Ini.wa.gov/licensing-permits/public-works- projects/co ntracto rs-e mploye rs/#req u ired-docu me nts-fo r-do ing-the-work) City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-5 December 2023 Marine Impact Basin Project Contract Documents Bidder's Checklist SUBMIT THE ENCLOSED PROPOSAL BOND WITH YOUR PROPOSAL USE OF OTHER FORMS MAY SUBJECT YOUR BID TO REJECTION This Page Intentionally Left Blank PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, Redside Construction LLC of Bainbridge Island as principal, and the Western Surety Company a corporation duly organized under the laws of the state of South Dakota and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Bremerton in the full sum of five (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents. The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit: Pine Road Basin Stormwater Improvements Marine Impact Basin Project said bid and proposal, by reference thereto, being made a part hereof. NOW, THEREFORE, If the said proposed bid by said principal be accepted, and the Contract be awarded to said principal, and if said principal shall duly make and enter into and execute said Contract and shall furnish bond as required by the City of Bremerton within a period of five (5) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. IN TESTIMONY WHEREOF, The principal and surety have caused these presents to be signed and sealed this 24th day of January , 20 24 . Redside Construction LLC By:(Principal) -- (Principal) Western Surety Company (Surety) ByT U\Q (osa(i (Attorney-in-fact) Roxana Palacios City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-9 December 2023 Marine Impact Basin Project Contract Document Proposal Bond Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen M Mitchell, Holly E Ulfers, Roxana Palacios, Lori Stark, Debbie Lindstrom, Scott Alderman, Kathy Nye, Tara Koloski, Jamie Armfield, Amber Engel, Kristine Santamaria, Marina Matyunin, Tatiana Gefter,Individually of Seattle,WA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,2023. WESTERN SURETY COMPANY W,40 id JQ... .1Pc• °k�4jN•ppµ0 Larry Kasten,Vice President State of South Dakota ) Jj ss County of Minnehaha On this 7th day of August,2023,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT elb NOTARY PU BLIC dial+ March 2,202611)2. 6te'llj.° SOUTH DAKOTA M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of January,2024. ras°"Erp., WESTERN SURETY COMPANY W4% P0A pQ 4t`;o: 2e L.Nelson,Assistant Secretary Form F4280-4-2023 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. 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, and 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. This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-10 December 2023 Marine Impact Basin Project Contract Document Proposal Bond NON-COLLUSION AFFIDAVIT STATE OF V)aSto,.ala). ) ss. COUNTY OF . .%•45'Q) SO'‘M X(2\ , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signed: Subscribed and sworn to before me this 2'1x' day of )(:41A,LAkra 202 f 1 Notary Public in and for the County of State of WC,Sk.. Karen Johanna McCarthy (SE L) Notary Public State of Washington Commission Number 158007 My Commission Expires September 03,2024 City of Bremerton Bid Forms Pine Road Basin Storm water Improvements Project 1-11 December 2023 Marine Impact Basin Project Contract Documents Non-Collusion Affidavit This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-12 December 2023 Marine Impact Basin Project Contract Documents Non-Collusion Affidavit LOCAL AGENCY SUBCONTRACTOR LIST Li Agemy Name Loull Agency iv:Wiese Local Agency Subcontractor List Prepared in compliance with RCW 39.30460 as amended To Be Submitted with the Bid Proposal Project Name Pine Road Basin Stormwater Improvements Marine ImpactBasin Failure to list subcontractors with whom the bidder,if awarded the contract,will directly subcontract for performance of the work of structural steel installation,rebar installation,heating,ventilation and air conditioning,plumbing,as described in Chapter 18.106 RCW,and electrical,as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s)with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation,heating,ventilation and air conditioning,plumbing.as described in Chapter 18,106 RCW,and electrical as (rev:rand in Chapter 19,28 RCW must be listed Wm.The work to be performed is to be fisted below the subcontractor(s)name, To the extent the Project includes one or more categories of work referenced in RCW 39.30.060,and no subcontractor is listed below to perform such work,the bidder certifies that the work will either(I)be performed by the bidder itself,or(ii)be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name Work to be performed N/A - Electrical HVAC, Structural Steel Subcontractor Name Redside - Self Performed Work to be performed Rebar Installation Subcontractor Name N/A - Self Performed if any Work to be performed Plumbing Subcontractor Name Work to be performed Subcontractor Name Work to be performed °Bidder's are notified that it is the opinion of the enforcement agency that PVC or metal conda,function boxes,etc.are considered electrical equipment and therefore considered part of electrical work,even if the installation is for future use and no wiring or electrical current is connected during the project. DOT Fouri 271-015A Reviset1 0612020 City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-13 December 2023 Marine Impact Basin Project Contract Documents Local Agency Subcontractor List This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-14 December 2023 Marine Impact Basin Project Contract Documents Local Agency Subcontractor List CONTRACTOR'S REGISTRATION Name: Redside Construction LLC Address: 600 Winslow Way E Ste 237 Bainbridge Island, WA 98110 Employer's Identification Number (Employer social security number, not your personal social security number): 26-3606305 Employment Security Department Number: 000-557492-00-8 Washington Industrial Insurance Number: 165,870-00 Washington State Excise Tax Registration 602-874-073 Number: Washington State Contractor's Registration REDSICL925PU 11/3/2024 Number/Expiration Date: City of Bremerton Business License Number: Will provide upon Award City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-15 December 2023 Marine Impact Basin Project Contract Documents Contractor's Registration This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-16 December 2023 Marine Impact Basin Project Contract Documents Contractor's Registration +' !I a, lid; CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. "I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: - , Date: 1/25/24 Print Name and Title: `) Location or Place executed: Sam Berry Owner/President (City, State) Bainbridge Island, WA Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation Ni State of Incorporation, or if not a corporation, State where business entity was formed: Washington If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Bremerton Bid Forms Pine Road Basin Storm water Improvements Project 1-17 December 2023 Marine Impact Basin Project Contract Documents Certification of Compliance with Wage Payment Statutes Bid Proposal Pine Road Basin Stormwater Improvements Marine Impact Basin Project Project No. 870 BID TO: City of Bremerton (Washington) Department of Public Works and Utilities 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled Pine Road Basin Stormwater Improvements Marine Impact Basin Project. 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security. 3. This Bid will remain open for the period stated in the "Notice Inviting Bids" unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the "Notice Inviting Bids" and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged): Number 1 Date 1/23/24 110114 Failure to acknowledge all addenda shall render the bid non-responsive and shall be cause for its rejection. 5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Proposal Forms contained in this Bid, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Total Bid Price(s) named in the aforementioned Proposal Forms. NOTE: Prices for all items, all extensions and total amount of bid must be shown in the Proposal Forms. Show prices in figures. Dated: 1125 )2OZ5' Bidder: Redside Construction LLC By: (Signature) Title: Owner/President City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-18 December 2023 Marine Impact Basin Project Contract Documents Certification of Compliance with Wage Payment Statutes This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-19 December 2023 Marine Impact Basin Project Contract Documents Certification of Compliance with Wage Payment Statutes PROPOSAL FORM PINE ROAD BASIN STORMWATER IMPROVEMENTS MARINE IMPACT BASIN PROJECT Sales Tax —The Bidder shall include sales tax in the Bid Item price per Section 1-07.2(1) for all items per State Department of Revenue Rule 171. Date: January 29 , 2024 Spec Estimated Item Section/ Quantity Unit No. Std Item Description of Item Unit Price Amount 1 1-09 / Mobilization 1 L.S. $12 (4 $�2.>00( 0001 2 1-04 / Minor Change 1 Est. $50,000 $50,000 7728 3 1-05 SP Project Surveying 1 L.S. $15,000 $15,000 4 1-07 / Spill Prevention, Control, and 1 L.S. 7736 Countermeasures (SPCC) Plan $600 $600 5 1-07 SP Pot Hole 4 Each $1,500 $6,000 6 1-07 SP Protection and Support of Existing 1 L.S. Utilities $15,000 $15,000 7 1-10 SP Project Temporary Traffic Control 1 L.S. $35,000 $35,000 8 2-01 SP Clearing and Grubbing 1 L.S. / 0035 $5,000 $5,000 9 2-02 SP Removal of Structures and 1 L.S. / 0050 Obstructions $3G)o6a $3( 0P0 10 2-02 SP Sawcut 96 LF $20 $1,920 11 2-02 SP Remove Asphalt Concrete Pavement 121 S.Y. / 0121 $32 $3,872 12 2-09 SP Shoring Or Extra Excavation CL. A 1 L.S. Concrete Impact Basin 05f000 $L15/0p0 13 2-10 SP Beach Excavation 70 C.Y. $25 $1,750 14 2-10 SP Beach Excavation Incl. Haul 60 C.Y. $42 $2,520 15 4-04/ Crushed Surfacing Base Course 50 Ton 5120 $50 $2,500 16 5-05 / Planing Bituminous Pavement 234 S.Y. 5711 $50 $11,700 17 5-04/ HMA Cl. 1/2 In. PG 58H-22 70 Ton 5767 $310 $21,700 18 7-05 / Adjust Manhole 1 Each 3080 $1,500 $1,500 City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-21 December 2023 Marine Impact Basin Project Contract Documents Proposal Form Spec Estimated Item Section/ Quantity Unit No. Std Item Description of ItemUnit Price Amount 19 7-05/ Adjust Valve Box 1 Each 6243 $1,000 $1,000 20 8-01 SP Erosion Control and Water Pollution 1 L.S. Control $3,800 $ 3,800 21 8-01 / High Visibility Fence 330 L.F. 6330 $5.00 $1,650 22 8-01 / Inlet Protection 3 Each 6471 $100 $300 23 8-01 SP Erosion Control Blanket 110 S.Y. $25 $2,750 24 8-01 SP Marine Water Management Plan 1 L.S. $500 $500 25 8-01 SP Marine Water Management 1 L.S. $ 2,500 $2,500 26 8-02 SP Weed and Pest Control Plan 1 L.S. $7,300 $7,300 27 8-02/ Plant Selection, Arctostaphyl.uva- 43 Each 6550 ursi, #1 $16 $688 28 8-02/ Plant Selection, Ribes sanguineum, 9 Each 6550 #1 $16 $144 29 8-02/ Plant Selection, Rosa nutkana, #1 12 Each 6550 $16 $192 30 8-02 / Plant Selection, Symphoricarpos 9 Each 6550 albus, #1 $16 $144 31 8-02/ Plant Selection, Polystitcum 11 Each 6550 munitum, #1 $16 $176 32 8-02 / Plant Selection, Deschampsia 8 Each 6550 cespitosa, #1 $16 $128 33 8-02/ Plant Selection, Carex lyngbyei, 200 Each 6550 Bare-root seedling $ 8.00 $1,600 34 8-02/ Plant Selection, Leymus mollis, Bare- 200 Each 6550 root seedling $8.00 $1,600 35 8-02 / Plant Selection, Plantago maritima, 200 Each 6550 Bare-root seedling $8.00 $1,600 36 8-02 SP Topsoil Type A 54 C.Y. /6391 $74 $3,996 37 8-02 SP Bark or Wood Chip Mulch 6 C.Y. $148 $888 38 8-02 SP Seeding, Fertilizing, and Mulching - 40 S.Y. Native Seed Mix $10 $400 39 8-02 SP Seeding, Fertilizing, and Mulching - 110 S.Y. Regreen $25 $2,750 City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-22 December 2023 Marine Impact Basin Project Contract Documents Proposal Form Spec Estimated Item Section/ Unit Quantity No. Std Item Description of Item Unit Price Amount 40 8-11 / Removing Guardrail 100 L.F. 0170 $30 $3,000 41 8-11 / Beam Guardrail Type 31 - 8 ft Long 136 L.F. 6711 Post $ 102 $13,872 42 8-11 / Beam Guardrail Type 31 32 L.F. 6757 $95 $3,040 43 8-11 / Beam Guardrail Non-Flared T rminal -2- Each 6719 '2r AJ.cke,nckv m jd`.� c L lea $5,100 $5,100 44 8-11 Beam Guardrail Anchor Type 11 lea-2- Each $2,100 $2,100 45 8-21 / Permanent Signing 1 L.S. 6890 $1,600 $1,600 46 8-22 SP Pavement Marking 1 L.S. $3,000 $3,000 47 8-26 SP Concrete Impact Basin 1 L.S. $ 65100o $ L b o06 48 8-26 SP Pebbly Sand ("Fish Mix") 38 Ton $70 $2,660 49 8-27 SP Streambed Cobbles 12-IN 52 Ton / 0904 $65 $3,380 50 8-27 SP Streambed Boulders Type One 52 Ton $70 $3,640 51 8-27 SP Streambed Boulders Type Two 15 Ton $70 $1,050 52 8-27 SP Streambed Boulders Type Three 30 Ton $70 $2,100 53 8-28 SP Flow Bypass Plan 1 L.S. $ 800 $800 54 8-28 SP Flow Bypass System Setup and 1 L.S. Operation $`3s 00a 316 0 0 55 8-32 SP Record Drawings 1 L.S. $800 $ 800 56 8-33 SP Geocell Bank Protection 80 S.Y. $95 $7,600 TOTAL(BID ITEMS 1—56): END OF PROPOSAL FORM City of Bremerton Bid Forms Pine Road Basin Stormwator Improvements Project 1-23 December 2023 Marine Impact Basin Project Contract Documents Proposal Form BID CERTIFICATE (if Corporation) STATE OF Vi KLstr1 ss. COUNTY OF 1C, ) I HEREBY CERTIFY that a meeting of the Board of Directors of the Bedside Construction LLC a corporation existing under the laws of the State of Washington , held on January 25 , 2c24 , the following resolution was duly passed and adopted: "RESOLVED, that Sam Berry , as Owner/President President of this Corporation, be and is hereby authorized to execute the Bid dated January 26 , 2024 , to the City of Bremerton by this Corporation and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this <`. , day of J G-A.A.4Ae"l�. , 20 2\ C,CNST RoCTj C;A(10/°‘ � (Secretary) o �o�9r� - CZP ce AL (SLA .A 2008 43 OF wAs\- City of Bremerton Bid Forms Pine Road Basin Stormwatar Improvements Project 1-25 December 2023 Marine Impact Basin Project Contract Documents Bid Certificate This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-32 December 2023 Marine Impact Basin Project Contract Documents Bid Certificate INFORMATION REQUIRED OF BIDDER The Bidder shall furnish the following information.Additional sheets shall be attached as required. Failure to complete these items will 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 CITY. (1) CONTRACTOR's Name and Address: Redside Construction LLC 600 Winslow Way E Ste 237 Bainbridge Island, WA 98110 (2) CONTRACTOR's Telephone No.: 2063176400 CONTRACTOR's Fax No.: (3) CONTRACTOR's License: Primary Classification General State License No. and Expiration Date: REDSICL925PU 11/3/2024 Specialty Classifications Held (if any): N/A Name of Licensee, if different N/a from (1) above: (4) Name, address, and telephone number USI Insurance Services NW of surety company and agent who will provide the required bonds on this 601 Union St#1000, Seattle, WA 98101 contract: 2064416300 Holly Ulfers (5) Name and position of person(s) who attended the pre-bid visit to the work site (if any): City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-33 December 2023 Marine Impact Basin Project Contract Documents Information Required of Bidder (6) ATTACH TO THIS BID a list of three (3) projects completed by the Contractor, that are similar to Pine Road Basin Stormwater Improvements Marine Impact Basin Project in nature, value and complexity of work. The three (3) projects must have been completed under the bidder's name as the prime (general) contractor within the last 10 years. The list shall include the following information as a minimum: • Names, address, and telephone number of owner. • Name of project. • Location of project. • Brief description of the work involved. • Contract amount. • Date of completion of contract. • Name, address, and telephone number of architect or engineer. • Name of owner's project engineer. • List of Major Equipment. • Years in business under current name. • Contracts now in hand, gross amount. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-34 December 2023 Marine Impact Basin Project Contract Documents Information Required of Bidder PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT APWA-WA Division 1 Committee rev. 1/8/2016 Proposal for Incorporating Recycled Materials into the Project In compliance with a new law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent(By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: vvrl,LvwA, percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie-breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: Redside Construction LLC Signature of Authorized Official: Date: /S /Zy City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-35 December 2023 Marine Impact Basin Project Contract Documents Proposal for Incorporating Recycled Materials into the Project This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-36 December 2023 Marine Impact Basin Project Contract Documents Proposal for Incorporating Recycled Materials into the Project CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20_ by and between the City of Bremerton (hereinafter called CITY) and Redside Construction LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Pine Road Basin Stormwater Improvements Marine Impact Basin Project. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 80 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 accordance with Section 1-08.9 of the Special Provisions after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal,which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions.Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-39 December 2023 Marine Impact Basin Project Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers 41 to 02 , 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 RCW4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-40 December 2023 Marine Impact Basin Project Contract Documents Contract CONTRACT (Page 3uf4) 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 tube bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may bolimited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment vvill release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allowthe CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age (40+). oex, race, creed, cn|nr' national origin' sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental, or sensory disability. ARTICLE 18. ADASTATEN1ENT The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the prngronn»' oerviceo, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will beprovided. CITY and CONTRACTOR each binds itself, its partners, »ucc000nro, assigns and |ogo| 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 ofBremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest City o/Bremerton Bid Forms Pine Road Basin S|mmwa/e.Improvements Project /'*, ueoem»axo2x Marine Impact Basin Project oo//*ac/oncvmcnm oo//*ac/ Address for giving notices Address for giving notices 345 6TH STREET, STE 100, BREMERTON,WA 98337 License No. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-42 December 2023 Marine Impact Basin Project Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-43 December 2023 Marine Impact Basin Project Contract Documents Contract This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-44 December 2023 Marine Impact Basin Project Contract Documents Contract CONTRACT CERTIFICATE (if Corporation) STATE OF ) ss. COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement dated , 20_, by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20_ (Secretary) (SEAL) City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-45 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-46 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ss. COUNTY OF I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated , 20_, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ A Limited Liability Company By: Member By: Member (SEAL) City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-47 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-48 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Partnership) STATE OF ) ss. COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement dated , 20_, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ Partner (SEAL) City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-49 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-50 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ss. COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated , 20_, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ Managing Partner (SEAL) END OF AGREEMENT City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-51 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-52 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate PERFORMANCE BOND Bond no. 30212461 (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Redside Construction LLC as CONTRACTOR, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty Five Thousand Two Hundred Twenty Nine and 72/100 ($965,229.72) 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 "Pine Road Basin Stormwater Improvements Marine Impact Basin Project"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-53 December 2023 Marine Impact Basin Project Contract Documents Performance Bond PERFORMANCE BOND Bond no. 30212461 (Page 2 of 2) The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one (1)year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we hav sef,Qu,r hands and seals this 4th day of March , 2024. c3' o09Port,q 0 to S -) (SEAL) Redside Construction LLC u� %-stern Surety Company (CONTRACTOR) 008 �Q� (Surety) Ca By: ®` WAS O4 By:P 0K (Signature a SEAL) _ . _- (Signature and SEAL) -- .- ; . - Roxana Palacios, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: 151 N. Franklin St. Chicago, IL 60606 Address of Surety for service of process: USI Insurance Services (must be a physical address) 601 Union St., #1000 Seattle, WA 98101 City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-54 December 2023 Marine Impact Basin Project Contract Documents Performance Bond PAYMENT BOND Bond no. 30212461 (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Redside Construction LLC as CONTRACTOR, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty Five Thousand Two Hundred Twenty Nine and 72/100 ($965,229.72) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "Pine Road Basin Stormwater Improvements Marine Impact Basin Project"; now, therefore, If said CONTRACTOR, or subcontractor,fails to pay for any materials, equipment,or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-55 December 2023 Marine Impact Basin Project Contract Documents Payment Bond PAYMENT BOND Bond no. 30212461 (Page 2 of 2) { IN WITNESS WHEREOF, we have hereunder set our hands and seals this 4th day of March , 2024. Redside Construction LLC Western Surety Company (CONTRACTOR) (Surety) By: By: 00M (Signature and SEAL) 1Signature and SEA } Roxana Palacios,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: 151 N. Franklin St. Chicago, IL 60606 Address of Surety for service of process: USI Insurance Services (must be a physical address) 601 Union St.,#1000 Seattle, WA 98101 END OF CONTRACT FORMS City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-56 December 2023 Marine Impact Basin Project Contract Documents Payment Bond Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen M Mitchell, Holly E Ulfers, Roxana Palacios, Lori Stark, Debbie Lindstrom, Scott Alderman, Kathy Nye, Tara Koloski, Jamie Armfield, Amber Engel, Kristine Santamaria, Marina Matyunin, Tatiana Gefter,Individually of Seattle,WA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,2023. `SURETyw WESTERN SURETY COMPANY 4 4Q?QP Ogq c4.s ' § k pGTN p-rope�� NiG/ Larry Kasten,Vice President State of South Dakota County of Minnehaha ss On this 7th day of August,2023,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT rNOTARY PUBLIC March 2,2026 a SOUTH DAKOTA M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed on the reverse.hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of March 2024 SJRETy%,. WESTERN SURETY COMPANY ,14.9Ogq c0 =y VO esly: �� EAR • "ma.xixx" Finn F4280-4-2023 L.Nelson,Assist nt Secretary Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. 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, and 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. This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." ! a 1 DocuSign Envelope ID: FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuctgn tnveiope iu:zrz�yuI -I��r�a4�-ts�iat�-t y5ur5ru51[i CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the 13th day of March in the year 20 24 by and between the City of Bremerton (hereinafter called CITY) and Redside Construction LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1.WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Pine Road Basin Stormwater Improvements Marine Impact Basin Project. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 80 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 accordance with Section 1-08.9 of the Special Provisions after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions.Applications for Payment will be processed by ENGINEER as provided in the Special Provisions 67 Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-39 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4 E4A7 E5951 F 2 uocuNgn tnveiope ILK zr«aurr-r:11-4U41-tsbats-Ua5ur5ru52Z/ CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers 01 to 02 , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-40 December 2023 Marine impact Basin Project Contract Documents Contract DocuSign Envelope ID: FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocu ign tnveiope lu:Lrzu9u/r-r441-- 941-tiEi91:3-U95Ur5rU5227 CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental, or sensory disability. ARTICLE 10.ADA STATEMENT The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. 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 --Bremer®,����R� CONTRACTOR Redside Construction, LLC 1, DAra6o6 Eer747❑... By Greg Wheeler, Mayor By r2DocculigDi.ned by: Attest 4 c(*Q(\, E46641-1- Attest City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-41 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuign tnveiope iu:LI-ZUUL)/h-rZ<r-4U41-1:Sbats-U9buF51-u9227 Address for giving notices Address for giving notices 345 6TH STREET, STE 100, BREMERTON,WA 98337 600 Winslow Way E.STE 237 Bainbridge Island,WA 98110 License No. REDSICL925PU City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-42 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuoign tnveiope iu:LrLC;yuir-I'LLr 4y41-tSFiykS-C y5Uf51-UJ117 CONTRACT (Page 4 of 4) Approved as t Signed by: L a L (l CRFRIRIR�A2 i Agent for service of process: (Signature) Mychael Raya Sam Berry (Title) Asst.City Attorney City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-43 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 UocuSign Envelope IU:2F2C9D7F-722F-4941-B69B-C95DF5FD5227 This Page Intentionally Left Blank City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-44 December 2023 Marine Impact Basin Project Contract Documents Contract DocuSign Envelope ID:FCE24CEF-D42A-4AA9-AA89-4E4A7E5951F2 uocuaign tnvelope Iu:zrzu`JUrr-r«r-4V41-beyb-Uyeur51-u52,I CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ss. COUNTY OF KN85G45 I HEREBY CERTIFY that a meeting of the Members of the Redside Construction a Limited Liability Company existing under the laws of the State of Washington held on kl`k.o.rGN. `' , 20 , the following resolution was duly passed and adopted: "RESOLVED, that 5c '\ 152.5.1 and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated Mara.. , 20 Zit to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and � ^ t, effect. f IN WITNESS WHEREOF, I have hereunto set my hand this/D , day of -Aar , 20 2-Lt Redside Construction,LLC A Limited Liability Company By: ��--- TRU Memb r By: (4' P,PG �' Member • n E � L �� t�JAS�` O City of Bremerton Bid Forms Pine Road Basin Storm water Improvements Project 1-47 December 2023 Marine Impact Basin Project Contract Documents Contract Certificate Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 1 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 2 of 12 (HIS00) DATE W TE(MM/DD/YY) AWRLP® CERTIFICATE OF LIABILITY INSURANCE 03/08/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek Insurance, LLC. PHONE 253-359-9700 FAX 1707 Dock Street (A/c,No,Ext): (A/C,No): E-MAIL Tacoma,WA 98402 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: New York Marine&General Ins. INSURED INSURER B: American Longshore Mutual Association Redside Construction, LLC 600 Winslow Way E#237 INSURER C: Bainbridge Island,WA 98110 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSR ADDL I SR SUBR WVD POLICY NUMBERPOLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY ML202300002492 10/31/2023 10/31/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 K COMMERCIAL GENERAL LIABILITY X PREMISES(Ea occurrence) $ CLAIMS-MADE K OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 K POLICY JE LOC Stop Gap $ 1,000,000 A AUTOMOBILE LIABILITY AU202300019544 10/31/2023 10/31/2024 OaaBcideD)INGLE LIMIT $ 1,000,000 K ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE K HIRED AUTOS K AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION ALMA0180806 K WWC RY LIAMI STATU- OTH- AND EMPLOYERS'LIABILITY Y/N 07/21/2023 07/21/2024ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (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/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pine Road Basin Stormwater Improvements Marine Impact Basin Project. City of Bremerton is an additional insured on the general liability and automobile policies per the attached endorsements/forms... (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton,WA 98337 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 3 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 12 (HIS00) DESCRIPTIONS (Continued from Page 1 ) Coverage is primary and non-contributory on the general liability policy per the attached endorsementfform. 5 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 6 of 12 (HIS00) ENDORSEMENT #2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: MARINE GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Blanket when required by written contract. A. "Who Is An Insured" under the Marine General Liability section of the Longshore+ Marine Package Policy 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 included in the "products-completed operations hazard'. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED OM 1027 1022 ©2022 Coaction Specialty Insurance Group, Inc. Page 50 of 56 Includes copyrighted material of Insurance Services Office, Inc.,with its permission 7 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 8 of 12 (HIS00) In the event of cancellation by the insured, the revised Deposit Premium will be calculated by subtracting the "short-rate return premium" due from the Deposit Premium. In such event, unless modified by specific endorsement, the revised Minimum Premium will be the same as the revised Deposit Premium. 2. Blanket Waiver Of Subrogation It is agreed that the company waives any rights of subrogation to which it may be entitled if prior to loss the Insured has agreed to such waiver in writing, but only to the extent required by said written agreement. 3. Primary and Non-Contributory By Written Contract Where required by written contract, it is agreed that this policy shall be primary to any insurance carried by an additional insured, and any insurance carried by such additional insured shall not be called upon to contribute to any claim covered under this policy, provided that the claim arises directly from work performed by the Named Insured or others working directly on behalf of the Named Insured and provided further that the 'occurrence" that gives rise to such claim happened subsequent to the execution of the written contract. 4. Premium Adjustment and Reporting The premium charged for this policy has been calculated at the rate of per policy Declarations, per $100.00 of gross receipts during the Policy Period. On or before the 30th day following the expiration of this policy, the insured agrees to submit a report to us containing gross receipts during the Policy Period. Earned Premium will be calculated at the above rate, and any premium in excess of the Deposit Premium shall be immediately due and payable upon furnishing the aforesaid report. In the event that the Earned Premium is less than the Deposit Premium but more than the Minimum Premium, the company will return the difference between the Deposit Premium and the Earned Premium. In the event that the Earned Premium is less than the Minimum Premium, the Minimum Premium will apply and the company will return the difference (if any) between the Deposit Premium and the Minimum Premium. 5. Sub-Contractor Condition In consideration of the premium charged, it is hereby a condition of this policy and the Named Insured agrees that in the event that the Named Insured hires any subcontractors that the Named Insured will obtain a Certificate of Insurance from each subcontractor evidencing valid and collectible Comprehensive General Liability Insurance in an amount of not less than $1,000,000 any one occurrence subject to aggregate limits only where customary. OM DS 01 1120 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 21 of 56 9 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 10 of 12 (HIS00) If there is other coverage provided by this policy for audio, visual and data electronic equipment, the coverage provided here is excess. However, you may elect to apply the limit, or any portion thereof, of coverage provided in this policy to pay any deductibles that is applicable under the provisions of the other coverage. C. BLANKET ADDITIONAL INSURED COVERAGE—REQUIRED BY CONTRACT Paragraph A.1. Who Is An Insured of SECTION II —COVERED AUTOS LIABILITY COVERAGE, is amended by the addition of the following: 1. Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed provision in a written contract or written agreement or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured. However, such person or organization is an insured: a. Only with respect to the operation, maintenance, or use, of a covered auto; and b. Caused in whole or part by your acts or omissions or the acts or omissions of those acting on your behalf. c. Only for, bodily injury or property damage caused by an accident which takes place after: (1) You executed the "insured contract" or written agreement; or (2) The permit has been issued to you. D. BLANKET WAIVER OF SUBROGATION Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV—BUSINESS AUTO CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage from. E. BROADENED NAMED INSURED Paragraph A.1. Who Is An Insured of SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended by the addition of the following: Any organization you own as of the inception date of the policy, or any organization that you newly acquire or form during the policy period, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest during the policy period, will qualify as a Named Insured if: 1. There is no other similar insurance available to that organization; and 2. The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and 3. The organization is incorporated or organized under the laws of the United States of America. Coverage under this provision is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this coverage, or the next anniversary of its inception date, whichever is earlier. However, coverage under this provision does not apply to: 1. "Bodily injury" or "property damage" that results from an "accident" that occurred before you acquired or formed the organization; and 2. Any person or organization with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and 3. Any organization that is covered as an "insured" under any other automobile liability insurance policy, or would be an "insured" under such policy but for the termination of such policy, or the exhaustion of such policy's limits of insurance or the insolvency of the insurer. F. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. of the Loss Conditions provision of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced by the following: AU 0113 1114 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission 11 of 12 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 12 of 12 (HIS00) Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 1 of 6 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 2 of 6 (HIS00) DATE /Y TE(MM/DDYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 03/04/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek Insurance, LLC. PHONE 509-789-8350 FAx 509-931-0794 6201 E Indiana Ave,Suite 1000o,Ext>: (A/c,No): E-MAILE-MA Spokane Valley,WA 99216 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: New York Marine&General Ins. INSURED INSURER B: American Longshore Mutual Association Redside Construction, LLC 600 Winslow Way E#237 INSURER C: Bainbridge Island,WA 98110 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W /Y LIMITS LTR INSR VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A GENERAL LIABILITY ML202300002492 10/31/2023 10/31/2024 EACH OCCURRENCE $ 1,000,000 K COMMERCIAL GENERAL LIABILITYDAMAGE TO RENTED 100 000 X PREMISES(Ea occurrence) $ CLAIMS-MADE K OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY JECT LOC Stop Gap $ 1,000,000 A AUTOMOBILE LIABILITY AU202300019544 10/31/2023 10/31/2024 (EOa aBINEDSINGLE LIMIT $ 1,000,000 K ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE K HIRED AUTOS x AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION ALMA0180806 X TWC ORY LIATU- OT AND EMPLOYERS'LIABILITY Y/N 07/21/2023 07/21/2024ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (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/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pine Road Basin Stormwater Improvements Marine Impact Basin Project. City of Bremerton is an additional insured on the general liability policy per the attached endorsement/form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th Street,Suite 100 AUTHORIZED REPRESENTATIVE Bremerton,WA 98337 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 3 of 6 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 6 (HIS00) ENDORSEMENT #2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: MARINE GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Blanket when required by written contract. A. "Who Is An Insured" under the Marine General Liability section of the Longshore+ Marine Package Policy 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 included in the "products-completed operations hazard'. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED OM 1027 1022 ©2022 Coaction Specialty Insurance Group, Inc. Page 50 of 56 Includes copyrighted material of Insurance Services Office, Inc.,with its permission 5 of 6 (HIS00) THIS PAGE INTENTIONALLY LEFT BLANK 6 of 6 (HIS00) PERFORMANCE BOND Bond no. 30212461 (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Redside Construction LLC _ as CONTRACTOR, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty Five Thousand Two Hundred Twenty Nine and 72/100 ($965.229.72) 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 "Pine Road Basin Stormwater Improvements Marine Impact Basin Project"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project 1-53 December 2023 Marine Impact Basin Project Contract Documents Performance Bond PERFORMANCE BOND Bond no. 30212461 (Page 2 of 2) The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one (1)year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. eQ�r)' IN WITNESS WHEREOF, we hav i' k ` �nur hands and seals this 4th day of March , 2024. (gam GoikPop,, /0 r SEAL Redside Construction LLC n 1 A ) (`aV stern Surety Company ) (CONTRACTOR) ` ` 2008 �e. (Surety) By: �` ' WASN\‘,\G ,C,M (Signature a SEAL) (Signature and SEAL) Roxana Palacios,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: 151 N. Franklin St. Chicago, IL 60606 Address of Surety for service of process: USI Insurance Services (must be a physical address) 601 Union St.,#1000 Seattle,WA 98101 City of Bremerton Bid Forms Pine Road Basin Storm water Improvements Project 1-54 December 2023 Marine Impact Basin Project Contract Documents Performance Bond PAYMENT BOND Bond no. 30212461 (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Redside Construction LLC as CONTRACTOR, and Western Surety Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty Five Thousand Two Hundred Twenty Nine and 72/100 ($965,229.72) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled"Pine Road Basin Stormwater Improvements Marine Impact Basin Project"; now, therefore, If said CONTRACTOR, or subcontractor,fails to pay for any materials,equipment,or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-55 December 2023 Marine Impact Basin Project Contract Documents Payment Bond PAYMENT BOND Bond no. 30212461 (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this 4th day of March , 2024 Redside Construction LLC Western Surety Company (CONTRACTOR) (Surety) By: By: CIL [ I\75 (Signature and SEAL) (Signature and SEAL) Roxana Palacios,Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: 151 N. Franklin St. Chicago, IL 60606 Address of Surety for service of process: USI Insurance Services (must be a physical address) 601 Union St..#1000 Seattle, WA 98101 END OF CONTRACT FORMS City of Bremerton Bid Forams Pine Road Basin Stormwater Improvements Project 1-56 December 2023 Marine Impact Basin Project Contract Documents Payment Bond Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen M Mitchell, Holly E Ulfers, Roxana Palacios, Lori Stark, Debbie Lindstrom, Scott Alderman, Kathy Nye, Tara Koloski, Jamie Armfield, Amber Engel, Kristine Santamaria, Marina Matyunin, Tatiana Gefter,Individually of Seattle,WA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,2023. SyREly WESTERN SURETY COMPANY 04,I; 01-7 Vy.AiL:tipe Larry Kasten,Vice President State of South Dakota ss County of Minnehaha On this 7th day of August,2023,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT s�r+ourrc PUBC SDUTH LIDA(OTAai March 2,20261)2. 8-121"-'11''' � M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of March 2024 aE=riN. WESTERN SURETY COMPANY Stall :z:` J�E A�'l�$ `t►ir oraiCDT Form F4280-4-2023 L.Nelson,Assistant Secretary Go to www.cnasurety.o >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. a Authorizing By-Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. 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,and 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. This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." RECEIVED MAR 2 9 LETTER OF TRANSMITTAL REDS I D E • ENGINEERING DIVISION CONSTRUCTION Ph (206)317-6400 DATE: 3/26/2024 600 Winslow Way E STE 237 Fax (360)343-0499 IATTN COR Ryan Nash Bainbridge Island,WA 98110 Lic.No.REDSICL925PU Contract# sameredside.b¢ RE: RETAINAGE BOND PINE ROAD BASIN MARINE IMPACT BASIN TO: CITY OF BREMERTON 345 6TH STREET,SUITE 100 BREMERTON,WA 98337 WE ARE SENDING YOU: ❑Courier ❑ Permit Submittal ❑ pages via fax including this cover ❑ Request for Quotation ❑ Original to be mailed ❑ Payment Request USPS ❑ UPS Ground 0 FedEx Overnight ❑ Shop Drawings ❑ Plans/Prints 0 Contract Documents ❑ Copy of a Letter 0 COP ❑ Submittals COPIES DATE DESCRIPTION 1 03/26/24 Retainage Bond w/Inititals THESE ARE TRANSMITTED AS CHECKED BELOW: p For approval ❑ Approved as submitted 0 Revise and Resubmit ❑ For your information&use ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections 0 Return 3 corrected prints ❑ For review and comment ❑ Pre-application request ❑ Please return plans/prints after use ❑ For bids due ❑ Sign&Return 0 Plans/prints returned r REMARKS: CC: File-Office!Sam Berry SIGNED: Karen McCarthy RECEIVED MAR 2`9 2024 ENGINEERTNC:r17Vrcrn., RETAINAGE BOND Bond No.30212462 KNOW ALL MEN BY THESE PRESENTS,that Redside Construction LLC ,as Principal authorized to do business in the State of Washington and Western Surety Company as Surety,a corporation organized and existing under the laws of the State of SD and authorized to transact business in the State of Washington as Surety,are jointly and severally held and bound unto City of Bremerton as Obligee in the penal sum of Forty Four Thousand One Hundred Ninety Five Dollars and 50/100 Dollars($44,195.50 ),which is 5%of the Principal's bid. y8 ,)uh►y WHEREAS,on the 13i day of to t3n , toi4 ,the said Principal,herein,executed a contract with the Obligee,for Pine Road Basin Stormwater Improvements Marine Impact Basin Project WHEREAS,said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5%from monies earned on estimates during the progress of the construction,hereinafter referred to as earned retained fund AND NOW WHEREAS,Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW,THEREFORE,the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5%of the final contract cost which shall include any increases due to change orders,increases in quantities of work or ' the addition of any new item of work. If the Principal shall use the earned retained funds,which will not be retained,for the trust fund purposes of RCW 60.28,then this obligation shall be null and void;otherwise,it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth retained percentages in RCW 60.28. PROVIDED HOWEVER,that: 1. The liability of the Surety under this bond shall not exceed 5%of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. `� CONSTrro WITNESS our hands this 4th day of March , 2024 GORPO� �t�` Redside Construction LLC CO J r r— By; _ � O. 2008 = r ASH1N Western Surety Company Principal Surety By. 7U(01ACC—, L� Attorney-in-Fact Roxana Pa,cios� USI Insurance Services Northwest Name and Address of Local Agent 601 Union Street, Suite 1000, Seattle, WA 98101 206-441-6300 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen M Mitchell, Holly E Ulfers, Roxana Palacios, Lori Stark, Debbie Lindstrom, Scott Alderman, Kathy Nye, Tara Koloski, Jamie Armfield, Amber Engel, Kristine Santamaria, Marina Matyunin, Tatiana Gefter,Individually of Seattle,WA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of August,2023. "�a�rr WESTERN SURETY COMPANY sru n _~' g O% ;o tt_ li �'�,�,,hSt.qy�4==� OP01+7 /0114 ",1:k P of Larry Kasten,Vice President State of South Dakota ss County of Minnehaha On this 7th day of August,2023,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT o.�..: agfApY PUBLICDAKOTA) March 2,2026 %SUTH dig"14j° M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of March 2024 �ETr�o WESTERN SURETY COMPANY toQ,40q ;o E.E.W4 0.11.2 • L.Nelson,Assistant Secretary Form F4280-4-2023 Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. 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, and 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. This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company."