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HomeMy WebLinkAbout6761 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND AXIOM DIVISION 7 PROJECT: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACMENTS DATE: SEPTEMBER 12TH, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and AXIOM DIVISION 7 on September 11, 2024. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section III. Compensation , is modified as follows: Section 3 is updated with the following changes: COMPENSATION. Whereas the original contract amount was for a not-to-exceed amount of$164,257.57, including any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The parties wish to modify the payment to include an additional, $1,659.00 for the additional cost of a performance bond. Further, the City shall pay the Contractor ninety-five percent(943 95%) of the new total not-to-exceed Contract amount of $ 165,916.60 including any applicable Washington State Sales Tax. Upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. Further, Section 3 A No Performance Bond. of the original agreement is deleted in its entirety and replaced with the following: A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty(30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. II. Page 1 of 2 Contract Modification No. 1 Rev.09/2021 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE Contractor accepts all requirements of this Contract Modification by endorsing below. Contractor further agrees that this Contract Modification constitutes full and final settlement of all of the Contractor's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification,claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item,including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written below. AXIOM DIVISION 7 THE CITXigQ 'byBREMERTON By: iL — B y: $p Print N. ► Je emy Parriera Print Name: F'ic re Heeler Its: President Its: Mayor Date: c7 /7 to 11 Date: 1o/4/2024 APPROVED AS TO FORM: ATTEST: Signed by: Signed by: B A dLati ra B giAltht Nevt.t.r Y EBfb3d-Bb4d2-. Y' 21EB5EB4EASGA1-r.. KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:U.egal\Legal\FormsWORMS ON COBWEB\Contract Modification Rev.09 2021.docx Page 2 of 2 Contract Modification No. 1 Rev. 09/2021 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 AGENDA BILL CITY OF BREMERTON 4 E CITY COUNCIL SUBJECT: Study Session Date: July 24, 2024 Public Works Agreement with Axiom Division COUNCIL MEETING Date: August 7, 2024 7 for the Puget Sound Navy Museum Roof Department: PW&U and Gutter Project Presenter: Matt Donleycott Phone: (360) 473-2316 SUMMARY: The approved 2024 Facilities CIP budget includes 190k for the replacement of existing roofing materials and gutter sealing on the Puget Sound Navy Museum. The total price for all work associated is NTE $164,257.57. This includes a $20,000 force account to cover any unforeseen issues. ATTACHMENTS: 1) Public Works Agreement FISCAL IMPACTS (Include Budgeted Amount): $164,257.57 (includes Sales Tax) This project, which is part of the City of Bremerton's approved Facilities Capital Improvement Plan (CIP), will be funded through Real Estate Excise Tax (REET) revenues as allocated in the 2024 budget. STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Axiom Division 7 for $164,257.57; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: XApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/09/2021 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Axiom Division 7 ("Contractor"), whose mailing address is 1220 75th St SW, Everett, WA 98203. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: See attached proposals for detailed work scope for the Navy Museum new roofing and gutter waterproofing project. 2. TIME OF COMPLETION. Contractor shall complete the work within 45 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount Not To Exceed of $164,257.57, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor& Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have Public Works Agreement:PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground(XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Public Works Agreement:PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of 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. B. 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. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I: Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement,the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension& Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement,that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Public Works Agreement:PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF,the parties below have executed this agreement. CON ; c'k,OR THE C,L';g0 b BREMERTON 3t,vuil Panics J ^.e es U ti C042D0DI E952440... ‘`5AF4-GHnrsE7A/H... Print Name: Jeremy Pa r ri era Print Name: Greg Wheeler Title: President Title: Mayor DATE 9/3/2024 DATE_ 9/10/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Matt Donleycott 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-2316 APPROVED AS TO FORM: Signed by: Pala, Kylie J. Finnell Bremerton City Attorney ATTEST: DocuSigned by:rLN.,,i,,,�Q a. A olA... 0178ADOC2F54407... Angela-14eov-er;Eity-Clerr4 Melinda Monroe for City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement(short form)Rev.04 2023.doc Public Works Agreement: PSNM roof&gutter project Rev.04/2023 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 Proposal p 1 No: D724185 Date: 6/18/2024 Lynden I Everett I Puyallup I Spokane PHONE 360.354.3100 FAX 360.318.9526 Puget Sound Navy Museum In-built Gutter Coating: • Clean and grind existing gutters to prepare substrate for new coating. • Apply Kemper 2K FR fleece reinforced liquid-applied waterproof coating onto prepared substrate. • Includes tie-in to new roofing. • All work performed from man-lifts,included in proposal. • Excludes: gutter repair work,sheet metal flashing,sloping. • Includes 20-yr NDL Manufacturer's Warranty and 2-year Axiom Division 7 Craftsmanship Warranty. Coating Base Bid: $48,950.00 ***Due to market volatility and material escalation,Axiom Division 7 reserves the right to reprice materials Excludes: WSST,Excess Liability Insurance,Bonding,Nailers,Curbs and Framing,Ventilation,Sheet metal flashings,Expansion Joints,All rooftop curbs,penetrations, HazMat Remediation,Firestopping,Caulking not specifically called out,cricket/taper work not shown on roof plan,Traffic control including permits and flagging, Delegated design and/or engineering including providing stamped drawings or calculations,Hoisting,Flood Testing,Permanent Fall Protection Anchors,vertical sheathing and framing,roof drains,Damage caused to our work by others,delays or project impacts caused by others,predecessor latent defects,defective workmanship by others, Axiom Division 7 will not be responsible for damage or loss caused by failure of other trades to properly coordinate with AD7 scope of work,design and/or engineering errors. Axiom Division 7 will not provide early payment discounts. Upon acceptance of this bid,Prime Contractor agrees to enter into a mutually acceptable written subcontract. The terms of this bid are incorporated into any subsequent written agreement. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,accidents,or delays beyond our control. Owner will carry fire, tornado,and other necessary insurance upon above work. Pricing and terms are valid for 30 days after proposal date. Payment terms are net 30 days from invoicing Respectfully submitted: Carlos Guerrero The above prices, specifications and conditions are satisfactory and are hereby accepted. Acceptance is subject to mutually agreeable terms of subcontract/contract with inclusions and exclusions specified above. Accepted: Signature: WA License: AXIOMD7920CF OR CCB: 229340 MT License: 259644 ID License: 049660 - UNLIMITED - 07400/07100 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 Proposal I - No: D7S24212 Date: 7/8/2024 PHONE 360.354.3100 1841 Front Street, Lynden WA 98264 FAX 360.318.9526 909 SE Everett Mall Way, Everett WA 98208 z Work To Be Performed For: Puget Sound Navy Museum We hereby propose to furnish all the materials and perform all the labor necessary for the completion of: Thermoplastic Polvolefin (TPO) Roofing Recover CARLISLE 115mil FB: • Axiom Div. 7 to set up any safety needed to comply with OSHA/WISHA requirements. • All existing roof surfaces to be cleaned and prepped for new roofing. Existing wall flashings to be demolished and legally disposed of offsite. • Directly over original roof membrane, install 115mi1 Fleeceback TPO membrane over cleaned and prepped existing Torch down sheet roofing. • Walls to be wrapped and adhered in 60mi1 TPO membrane. New TPO Roof membrane to return and over outside edge of the existing parapet walls per manufacturers specifications. • Existing drains/scuppers to be tied into new TPO roof system per manufacturers specifications. • New clad metal to be installed at gutter edge and integrated into new TPO system. • All existing penetrations to be cleaned and integrated into the new TPO roof system. • Axiom D7 to be responsible for removal and disposal of all debris generated during reroof process, equipment necessary for project and hoisting. • Proposal includes Prevailing Wage Rates. • Proposal includes 20yr manufacturers NDL warranty and 2-year Axiom Division 7 Craftsmanship warranty. TPO Roofing Base Bid: $17,070.00 (+WSST) Add Cost if Tearoff is Needed: $10,000.00 ***Due to market volatility and material escalation,Axiom Division 7 reserves the right to reprice materials Excludes: WSST,Excess Liability Insurance,Bonding,Prevailing Wage Rates,Garbage Disposal or Recycling Off Site,Nailers,Curbs and Framing,Ventilation,Sheet metal flashings,Expansion Joints,All rooftop curbs,penetrations,HazMat Remediation,Firestopping,Caulking not specifically called out,cricket/taper work not shown on roof plan,Traffic control including permits and flagging,Delegated design and/or engineering including providing stamped drawings or calculations,Hoisting,Flood Testing, Permanent Fall Protection Anchors,vertical sheathing and framing,roof drains,Damage caused to our work by others,delays or project impacts caused by others, predecessor latent defects,defective workmanship by others,Axiom Division 7 will not be responsible for damage or loss caused by failure of other trades to properly coordinate with AD7 scope of work,design and/or engineering errors. Axiom Division 7 will not provide early payment discounts. Upon acceptance of this bid,Prime Contractor agrees to enter into a mutually acceptable written subcontract. The terms of this bid are incorporated into any subsequent written agreement. _ Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,accidents or delays beyond our control. Owner will carry fire, tornado and other necessary insurance upon above work. Pricing is valid for 30 days after proposal date. Respectfully submitted: Nick Bakamus ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ,—Signed by: 9/10/2024 -- - - 0 4e-e- Acce ted Signature � � Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 Proposal A AXIOM No: AR24714R1 Date: 07/02/2024 1841 Front St.Suite A.Lynden,WA 98264 PHONE 360.354.9937 FAX 360.318.9526 Puget Sound Navy Museum We hereby propose to furnish all materials and perform all labor necessary for the completion of:4/12 Pitch. Composite Shingle Roofing: • Axiom Roofing will remove one layer of existing asphalt shingle roof. • Axiom Roofing will provide& install the following: • Prefinished associated 26ga. Starter Metal at eave edge and gable ends. • 26ga steep slope roof flashing,flashings include roof to wall, open metal valleys&step flashing. • GAF Weather watch ice&water shield at all roof eaves, rakes,valleys& penetrations. • Over Plywood sheathing, installation of GAF Felt buster Synthetic Underlayment. • GAF Pro Starter Strip Shingles • GAF Timberline HDZ asphalt shingle roofing material. • GAF Snow Country ridge vent, continuous ridge vent for proper ventilation. • GAF Z Hip& Ridge Cap Shingles. • All Required Safety Anchors • Replace all GAF Pivot Pipe Jacks • Clean up& haul away debris (legally disposed of) • Includes a 2-year Axiom Roofing Co.Craftsmanship warranty on all new roofs. *Axiom Roofing has included a$10,000.00 Contingency for any repair work* Base Bid: $76,084.00 All shingles are hand-nailed to ensure proper installation.Pneumatic nail guns can over-penetrate,cut shingles,and cause blowoff or leaking. Please note that due to market volatility,pricing is valid for 30 days and may be subject to materials escalation. • Any additional layers that were not visible without damaging the top roof are subject to additional charges. • Any areas where we were unable to determine if there is solid sheathing,will be charged as time and materials. • Rot Repair will be billed as extra time and materials. • Any damaged gutters,skylights,or siding needing repair or replacement will be considered an additional charge and is not included in the above price. *NOTE:Proposal reflects Washington State Prevailing Wage Rates. Continued on Page 2 Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 - ry Proposal AXIOM No: AR24714R1 9 . Date: 07/02/2024 1841 Front St.Suite A.Lynden,WA 98264 PHONE 360.354.9937 FAX 360.318.9526 Puget Sound Navy Museum Excludes: WSST,Excess Liability Insurance,Bonding,Recycling Off Site,HazMat Remediation,Nailers,Curbs,Framing and Blocking.All rooftop curbs,penetrations not shown on roof plan, Traffic control including permits and flagging,Delegated design and/or engineering.Damage caused to our work by others,delays or project impacts caused by others,predecessor latent defects,defective workmanship by others,Axiom Roofing Company shall not be responsible for damage or loss caused by failure of other trades to properly coordinate with Axiom Roofing Company scope of work,design and/or engineering errors. Axiom Roofing Company will not provide early payment discounts.Upon acceptance of this bid,Owner or Owner's Agent,agrees to enter into a mutually acceptable written subcontract.The terms of this bid are incorporated into any subsequent written agreement. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate.All agreements are contingent upon strikes,accidents,or delays beyond our control.Axiom Roofing is not responsible for any damage outside of our environment such as interior damage.Contractor guarantees that no underlayment or shingles will be laid on a wet roof.Owner agrees to an extension of completion if the roof needs to dry before application.Contractor agrees on completion of work within two weeks of start date,barring any of the above-mentioned exceptions.Owner shall carry insurance upon above work.All material is guaranteed to be as specified;all work to be completed in a workmanlike manner according to standard practices.Axiom Roofing Company has attempted to include in the bid all anticipated costs;however,there may be unforeseen issues which were not readily apparent at the time of assessing and bidding of the roof job.Any alterations or deviations from above specifications involving extra cost will be executed when necessary,and only upon written permission from owner or authorized agent,or every attempt to contact the owner has failed,and will become an extra charge over the price listed above.If Owner is not available by phone or email,Axiom Roofing Company will do whatever is necessary to finish the job in a professional manner,and the owner will be responsible.Axiom Roofing Company is responsible for only the products that we install. Payment terms are Net 30 days from completion of work.Any remaining balance shall bear interest rate at 1.5%per month.A lien may be placed on the property for any past due balance over 60 days.By its signature hereunder,Owner or its authorized agent,acknowledges and agrees to the payment terms listed above. Accepted forms of payment are Cash or Check(including cashier's checks). Respectfully submitted: Ricky Lopez The above prices,specifications,and conditions are satisfactory and are hereby accepted by Owner or its authorized agent. Acceptance is subject to mutually agreeable terms of subcontract/contract with inclusions and exclusions specified above. The undersigned warrants it is the legal owner of property on which the work is to be performed or has legal authority to sign this agreement on behalf of the owner. p-®Signed by: Accepted Date9/10/2024 Printed Name: Greg Wheeler Signature: �J -- —-- �BAF46095E8E747B... WA License: AXIOMRL795JR l Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 AXIODIV-01 KGIRIDHARRAO ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 7/11/21112024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International Northwest LLC PHONE FAx PO Box 3018 (A/C,No,Ext): (425)489-4500 (A/C,No):(425)485-8489 Bothell,WA 98041 aD RIESS:now.info@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Company of Hartford 20478 INSURED INSURER B:The Continental Insurance Company 35289 Axiom Division 7,Inc. INSURER C: 1841 Front Street,Suite A INSURER D: Lynden,WA 98264 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 WTH 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 7034452592 AMAGE TO RENTED 9/30/2023 9/30/2024 PREM SES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE4 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP EL $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X X 7034452575 9/30/2023 9/30/2024 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 7034452589 9/30/2023 9/30/2024 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y 1 N 7034452592 9/30/2023 9/30/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N IA (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 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: PSNM roof&gutter project. City of Bremerton,its Officials, Employees,Agents and Volunteers are included as additional insureds,Coverage is Primary and non-contributory and Waiver of Subrogation applies per the attached forms/endorsements. Per Project Aggregate applies to General Liability policy,per attached forms/endorsements.30 Days Notice of Cancellation Applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31134E 8C9D559 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-05 edition,10-93 edition, or 10-01 edition of CG2010,or under the 10-01 edition of CG2037; or B. additional insured coverage with"arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. M. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render,any professional architectural,engineering,or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps,shop drawings,opinions,reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory,inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part Primacy and Non contributory Insurance CNA75079XX (10-16) Policy No: 7034452592 Page 1 of 2 Insured Name:Axiom Division 7,Inc. Effective Date: 9/30/23-9/30/24 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31134E 8C9D 559 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,defense,or settlement of the claim; and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However,if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 7034452592 Page 2 of 2 Insured Name: Axiom Division 7,Inc. Effective Date: 9/30123-9/30124 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX(1-15) Policy No: 7034452592 Page 1 of 1 Insured Name:Axiom Division 7, Inc. Effective Date: 09/30/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31B4E 8C9D559 CIA Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates,Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/L- led Liability Companies 15. Legal Liability—Damage To Premises /Alienated Premises/Property In The Named Insured's Care,Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP COP,or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Policy No: 7034452592 Page 1 of 16 Insured Name:Axiom Division 7,Inc. Effective Date: 9/30/23-9/30/24 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31134E 8C9D 559 CIA Contractors' General Liability Extension Endorsement Electronic data means information,facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resuking from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the $100000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to,that higher limit. 9. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse,where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. CNA74705XX (1-15) Policy No: 7034452592 Page 7 of16 Insured Name: Axiom Division 7, Inc. Effective Date: 9/30/23-9/3 0124 Copyright CNAAII Rights Resensed. Includes copyrighted material of Insurance Service Office.Inc..with ils permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31134E 8C9D 559 CIA Contractors' General Liability Extension Endorsement B. All: 1. Damages under Coverage B,regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability CNA74705XX (1-15) Policy No: 7034452592 Page 8 of16 Insured Name: Axiom Division 7,Inc. Effective Date: 9f30123-9f30/24 Copyright CNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31134E 8C9D 559 CIA Contractors' General Liability Extension Endorsement 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP,OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency,including but not limited to: CNA74705XX (1-15) Policy No: 7034452592 Page 15 of 16 Insured Name: Axiom Division 7,Inc. Effective Date: 9130123-913 0/24 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 C'NA CONTRACTORS EXTENDED COVERAGE ENDORSEMENT — BUSINESS AU 3i1 ; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and Form No: CNA63359XX(04-2012) Policy No:7034452575 Policy Effective Date:9/30/23-9/30/24 Insured Name: Axiom Division 7, Inc. Policy Page: 1 of 4 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 CNA 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage Form No: CNA63359XX(04-2012) Policy No: 7034452575 Policy Effective Date: 9/30/23-9/30/24 Insured Name: Axiom Division 7,Inc. Policy Page:2 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 CNA The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss Form No: CNA63359XX(04-2012) Policy No: 7034452575 Insured Name: Axiom Division 7,Inc. Policy Effective Date: 9/30/23-9/30/24 Policy Page: 3 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID:A8C7CAC8-D60A-46D4-9D7F-31 B4E8C9D559 CNA The following is added to Section IV, Paragraph A.2.a.: (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX(04-2012) Policy No:7034452575 Policy Effective Date: 9/30/23-9/30/24 Insured Name: Axiom Division 7,Inc Policy Page:4 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE PERFORMANCE BOND BOND #: 101220655 DATE POSTED: RE: Contractor:Axiom-Division 7, Inc. PO Box 71, Lynden, WA 98264 Project Address: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACEMENTS 251 1st St.,Bremerton,WA 98337 KNOW ALL PERSONS BY THESE PRESENTS: 1. That we Axiom-Division 7, Inc. (hereinafter called"Principal") a corporation organized under the laws of the State of Lynden, WA , and registered to do business in the State of Washington as a contractor, as Principal, and Merchants Bonding Company(Mutual)(hereinafter called "Surety"), a corporation organized under the laws of the State of Iowa and registered to transact business in the State of Washington as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Bremerton, Washington, (hereinafter called"City"), and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in the sum Of One Hundred Sixty-Five Thousand Nine Hundred Sixteen and 60/100ths Dollars ($ 165,916.60 ), 100% of the contract amount plus any increases in the contract amount that have occurred or may occur due to change orders, increases in the quantities or the addition of any new item of work, the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors,jointly and severally, formally by these presents. 2. The Bremerton Municipal Code requires that a surety bond or other financial security be furnished by the Principal to the City to ensure completion of all Work by (date), in conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. Principal has agreed to meet this requirement by posting this bond in the amount of one hundred (100) percent of the estimated value of the Work and the estimated cost to restore existing improvements as determined by the City. 3. The Work, including landscaping, shall remain free of defects in material, workmanship, and installation commencing on the date this bond is executed and ending on the date this bond is released in writing by the City. 4. Principal and Merchants Bonding Company (Mutual) , a corporation authorized to transact surety business for performance and maintenance bonds in the State of Washington ("Surety") agree and bind themselves, their heirs, executors, administrators and assigns, unto the Page 1 of 4 Performance Bond Rev. 06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE One Hundred Sixty-Five Thousand Nine 165,916.60 City in the penal amount of Hundred Sixteen and 60/100ths dollars ($ ), lawful money of the United States, according to the following terms and conditions: a. Principal shall, at its sole cost and expense, carefully correct any damage or defects in workmanship, materials, or installation to the City-owned real property on which the Work is to take place,and any City-owned facility thereon,and leave the same in as good condition as it was before commencement of the Work. b. Principal and Surety agree that if any of the Work is not complete by the date set forth above, if any of the Work is defective, if damage of existing improvements is observed,or if other activities have occurred which do not comply with the contract,and corrective action is required of the Principal as determined by the City, and the Principal does not commence correction of the same within twenty(20) days of demand by the City, Surety shall, within twenty (20) days of demand by the City, make a written commitment to the City that it will either: i. Correct the defect(s) or complete the Work itself with reasonable diligence pursuant to a time schedule acceptable to the City, or ii. Tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to complete the Work or correct the defect(s), up to the penal amount of the bond. Surety shall then fulfill its obligations under this bond,according to the requirement selected by Surety under either 4(b)(i) or 4(b)(ii) above. If Surety elects to fulfill its obligation under paragraph 4(b)(ii) above, then upon completion,the City shall notify the Surety of the actual cost. The City shall return, without interest, any overpayment made by Surety. Surety shall pay to the City any actual cost which exceeds the City's estimate, limited to the penal amount. This paragraph shall not be construed to obligate the City in any way to complete the Work or to correct any defect, and if the City does so, Principal and Surety shall remain liable to the City to pay all costs of the same. c. No change,extension of time, alteration,or addition to the Work shall affect the obligation of Principal or Surety on this bond, and Surety waives notice of any such change, extension, alteration, or addition. d. As part of the Work, Principal shall fully compensate all its employees, contractors, subcontractors, material men, and anyone else who could claim a lien as a result of the Work. The City is under no obligation to accept the Work as fully performed and to release this bond until the City receives assurance it deems adequate that all such compensation has been made or there is no such compensation to be made. e. This bond shall remain in full force and effect until the obligations secured by it have been fully performed and until the bond is released in writing by the City at the request Page 2 of 4 Performance Bond Rev.06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE of Surety or Principal, and until a Warranty Deposit is received. £ If any legal action, including but not limited to the filing of a lawsuit, must be taken to collect on or to enforce the provisions of this bond, each party shall pay its own costs and attorney fees. This bond shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this bond shall be brought in Kitsap County Superior Court. DATED THIS 26th day of September , 2024 . Axiom-Division 7, Inc. PRINCIPAL ereirv‘"—•..._ Merc is Bonding Company (Mutual) SURETY Carley.Espiritu, Att ne - -Fac , Surety Mailing Address: Street 3120 139th Ave SE State/Zip Bellevue,WA 98005 Page 3 of 4 Performance Bond Rev.06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me, known to be the individual(Principal)described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,20 • Notary Public in and for the State of Washington, Residing at My appointment expires: R:\Legal\Legal\Forms\FORMS ON COBWEB\Performance Bond Rev.06 2022.docx Page 4 of 4 Performance Bond Rev.06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE PAYMENT BOND BOND #: 101220655 DATE POSTED: RE: Contractor:Axiom-Division 7, Inc. PO Box 71, Lynden, WA 98264 Project Address: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACEMENTS 251 1st St., Bremerton, WA 98337 KNOW ALL PERSONS BY THESE PRESENTS: 1. That we Axiom-Division 7, Inc. (hereinafter called "Principal") a corporation organized under the laws of the State of Washington , and registered to do business in the State of Washington as a contractor, as Principal, and Merchants Bonding Company(Mutual) (hereinafter called "Surety"), a corporation organized under the laws of the State of Iowa and registered to transact business in the State of Washington as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Bremerton, Washington, (hereinafter called"City"), and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in the sum of One Hundred Sixty-Five Thousand*Dollars ($ 165,916.60 ), 100%of the contract amount plus any increases in the contract amount that have occurred or may occur due to change orders, increases in the quantities or the addition of any new item of work, the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors,jointly and severally, formally by these presents. *Nine Hundred Sixteen and 60/100ths 2. The Bremerton Municipal Code requires that a surety bond or other financial security be furnished by the Principal to the City to ensure completion of all Work by (date), in conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. Principal has agreed to meet this requirement by posting this bond in the amount of one hundred (100) percent of the estimated value of the Work and the estimated cost to restore existing improvements as determined by the City. This Payment Bond is issued simultaneously with a Performance Bond-Dual Obligee ("Performance Bond") issued in connection with the Project. As used herein, "Obligees" shall mean Owner, Lender, City of Bremerton and the additional obligee(s), if any, identified in a Rider to this Bond and "Obligee" shall mean any of the Obligees. 3. Contractor has entered into a Construction Contract with Owner for the construction of the Project ("Contract"), which as the same may now or hereafter be amended by change order or otherwise, is made a part hereof by reference; 4. Contractor and Surety, jointly and severally ("Obligors"), bind themselves, their Page 1 of 4 Payment Bond Rev. 06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE heirs, executors, administrators, successors and assigns, to Obligees, for the use and benefit of Claimants as hereinafter defined in paragraph; One Hundred Sixty-Five Thousand Nine 165,916.60 5. In the sum of Hundred Sixteen and 60/100ths Dollars ($ ), to pay for labor, materials and equipment furnished for use in the performance of the Contract. Any approved increase in the total Contract price shall increase the monetary obligation of Obligors accordingly. 6. A Claimant("Claimant")is defined as one having a direct contract with Contractor or with a subcontractor of Contractor for labor,materials or equipment used in the performance of the Contract, including without limitation in the terms "labor,materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract, architectural and engineering services required for performance of the work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment was furnished. 4. This obligation shall be null and void if Contractor promptly makes payment to all Claimants for all labor,material, or equipment used in the performance of the Contract. 7. Contractor and Surety hereby jointly and severally agree with Obligees that every Claimant, who has not been paid in full before the expiration of a period of ninety(90) days after having last performed labor or last furnished materials or equipment, may sue on this Payment Bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon.No Obligee shall be liable for the payment of any costs or expenses of any such suit. 8. Surety shall have no obligation to Claimants under this Payment Bond unless: a. Claimants, who do not have a direct contract with Contractor,have given notice to any two (2) of the above-named parties, those being Contractor, Owner or Surety, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount claimed and the name of the party to whom the materials or equipment were furnished, or for whom the work or labor was done or performed. Any suit, action or proceeding brought by Claimants under this Payment Bond shall be instituted within one (1) year from the later of the date on which (i) Claimants gave the notice required by paragraph 6a, or (ii) the later of the date that Claimants either perform the last labor and/or service or furnish the last materials or equipment under the Contract. If this limitation is deemed to be in contravention of any controlling law, this provision of the Payment Bond is deemed amended so as to substitute the minimum period of limitation permitted by such controlling law for the above limitation. 9. The amount of this Payment Bond shall be reduced by any payment(s) made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens that may be filed of record against Project,whether or not the claim for the amount of such lien is presented under and against this Payment Bond. Notwithstanding the foregoing, no amounts paid without the written Page 2 of 4 Payment Bond Rev.06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 11. Notice to Surety, Owner, or Contractor shall be served by mailing the same by registered mail or certified mail, postage prepaid, to the address shown on this Payment Bond or to such other address as may have been previously specified by the recipient in a notice given in accordance herewith. DATED THIS 26th day of September , 2024 Axiom-Division 7, Inc. PRINCIPAL Merchants Bonding Company (Mutual) SURETY Carley Espiritu, orn -In-Fat Surety Mailing Address: Street 3120 139th Ave SE State/Zip Bellevue, WA 98005 Page 3 of 4 Payment Bond Rev. 06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day personally appeared before me, known to be the individual (Principal)described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_ day of ,20 . Notary Public in and for the State of Washington, Residing at My appointment expires: R:\Legal\Legal\Forms\FORMS ON COBWEB\Payment Bond Rev.06 2022.docx Page 4 of 4 Payment Bond Rev.06/2022 Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE MERCHANT`S BONDING COMPANY„, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Aliceon A Keltner;Alyssa J Lopez;Amelia G Burrill;Anna Reid;Annelies M Richie;Brandon K Bush;Brent E Heilesen;Bryan R Ludwick;Carley Espiritu;Charla M Boadle;Christopher Kinyon;Eric A Zimmerman;Holli Albers;Jacob Haddock;James B Binder;Jamie L Marques;Julianne Morris;Julie A Craker;Justin Dean Price;Katharine J Snider; Lindsey Elaine Jorgensen;Lois F Weathers;Sarah Whitaker their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14,2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 29th day of August , 2024 • '•�1PON ••., .••'"'••. MERCHANTS BONDING COMPANY(MUTUAL) �.•'�W ••..... 4�• e.•R 4.4•.O • O•O sit PO 9 • dlbla MERCHANTS NATIONAL INDEMNITY COMPANY •,j• 2003 •,4): .y` 1933 c; By "4" Jd• ��;• •%d'v1 •. :„4,. ••. .1 • '\ : President STATE OF IOWA '•., tr ..•'�� •'• ••. COUNTY OF DALLAS ss. �+"""•�� On this 29th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. —� APR,44 Penni Miller Z ,_ G Commission Number 787952 • ••••ie • My Commission Expires IOWA January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of September ,2024 . .••p t10Nq� '•. ••O�NG.� * • .Co _ 2003 ��; • • 1933 :'c• Secretary POA 0018 (6/24) Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE CONTRACT RETAINAGE BOND Bond No. 100431717 KNOW ALL MEN BY THESE PRESENTS,That we Axiom-Division 7, Inc. (hereinafter called"Principal")a corporation organized under the laws of the State of_ Washington, and registered to do business in the State of Washington as a contractor, as Principal, and Merchants Bonding Company(Mutual) (hereinafter called"Surety"),a corporation organized under the laws of the State of Iowa and registered to transact business in the State of Washington as Surety,their heirs, executors,administrators, successors and assigns,are jointly and severally held and bound to the City of Bremerton,Washington,(hereinafter called"City"), and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28,in the sum of Eight Thousand Two Hundred Twelve and 88/100ths Dollars($ 8,212.88 ),plus 5%of any increases in the contract amount that have occurred or may occur due to change orders,increases in the quantities or the addition of any new item of work, the payment of which, well and truly to be paid, we bind ourselves,our heirs, executors and successors,jointly and severally, formally by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS,on ,the Principal executed a contract(the"Contract")with the City known as: Project Name: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACEMENTS Contract Number: , and WHEREAS,said Contract and RCW Chapter 60.28 require the City to withhold from monies earned by the Principal during the progress of the construction, hereinafter referred to as "earned retained funds",and WHEREAS,the Principal and Surety agree to be bound by the laws of the State of Washington,and WHEREAS,the Principal requested that the City release the earned retained funds,as allowed under RCW Chapter 60.28; NOW,THEREFORE,the condition of this obligation is such that the Principal or Surety is held and bound to the City to compensate, defend and hold the City harmless from any and all loss, costs or damages that the City may sustain by reason of release of said earned retained funds to Principal, then this obligation to be null and void, otherwise to remain in full force and effect. 06/2022 Page 1 of 2 Contract Retainage Bond Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE PROVIDED, HOWEVER, it is expressly understood and agreed that: 1.Any suit or action under this bond must be instituted within the time period provided by applicable law. The bond shall be subject to all claims and liens provided for by law or Contract against the earned retained funds and in the same manner and priority as set forth for retained percentages in RCW Ch. 60.28 and the Contract. 2.The Surety hereby consents to and waives notice of any extension in the time for performance of the Contract, assignment of obligations under the Contract, or Contract alteration, termination, amendment or change order. 3.Until written release of this obligation by the City,this bond may not be terminated or canceled by the Principal or Surety for any reason. Any extension of time for the Principal's performance on the Contract, assignment of obligations under the Contract, or Contract alteration, amendment or change order shall not release the Surety from its obligation under this bond. 4.RCW Ch. 60.28 authorizes the City to substitute a retainage bond in lieu of earned retained funds and the Surety hereby waives any defense that this bond is void or otherwise not authorized by law. 5.Any claim or suit against the City to foreclose the liens provided for by RCW Ch. 60.28 shall be effective against the Principal and Surety and any judgment under RCW Ch.60.28 against the City shall be conclusive against the Principal and the Surety. 6. The laws of the State of Washington shall apply to the determination of the rights and obligations of the parties hereunder. Jurisdiction and venue for any dispute or claim hereunder shall be the state courts of Washington in Kitsap County,Washington. IN WITNESS WHEREOF,we have hereunder set our hands and seals this 4th day of September ,20 24 Axiom-Division 7, Inc. (SEAT) Merchants Bonding Company(Mutual) (SEAL) (CONTRACTOR) (Surety) By: 4 t�'I By: (Signaturd SEAL) (Signa an arley spiritu (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Merchants Bonding Company(Mutual) 3120 139th Ave SE Bellevue, WA 98005 Address of Surety for service of process: Merchants Bonding Company(Mutual) (must be a physical address) 3120 139th Ave SE Bellevue,WA 98005 06/2022 Page 2 of 2 Contract Retainage Bond Docusign Envelope ID:9EF87DE1-955B-4D7B-A308-5EE62638C4BE MERCHANT`S BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Aliceon A Keltner;Alyssa J Lopez;Amelia G Burrill;Anna Reid;Annelies M Richie; Brandon K Bush;Brent E Heilesen; Bryan R Ludwick;Carley Espiritu;Charla M Boadle;Christopher Kinyon; Eric A Zimmerman;Holli Albers;Jacob Haddock;James B Binder;Jamie L Marques;Julianne Morris;Julie A Craker;Justin Dean Price;Katharine J Snider; Lindsey Elaine Jorgensen;Lois F Weathers;Sarah Whitaker their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14,2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 29th day of August ' 2024 • .•••'""'•••. .••"'• . MERCHANTS BONDING COMPANY(MUTUAL) :.••�Q.t,�N �.�.� :•�Q�NG.CO4, MERCHANTS NATIONAL BONDING, INC. may:t*OSPOft. 0' : •yO�DEtP0,9q..9 : d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY (! ;: =• • 3 ::�) ( 1;33 • By '7(4'7 7ce-3/t, ..• r.• �.•b4 • •L'ta•. President jti STATE OF IOWA '•..,....1....,,••' •••...•••.• COUNTY OF DALLAS ss. On this 29th day of August 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. • Penni Miller Z ,���s• Commission Number 787952 ,, - • • My Commission Expires IowP January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of September , 2024 `.`l• �ON.'''. • •••. OG C0 •. • tiy:40 4;;y: CI 9�;yca/(Zt &&1/L1 :Z:Z -o- p:d' :�:•� -o o; '• 2003 ;,Z: y 1933 e Secretary 'mod' �:' : vd. •�• POA 0018 (6/24) "" PAYMENT BOND BOND #: 101220655 DATE POSTED: RE: Contractor:Axiom-Division 7, Inc. PO Box 71, Lynden, WA 98264 Project Address: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACEMENTS 251 1st St., Bremerton, WA 98337 KNOW ALL PERSONS BY THESE PRESENTS: 1. That we Axiom-Division 7, Inc. (hereinafter called "Principal") a corporation organized under the laws of the State of Washington , and registered to do business in the State of Washington as a contractor, as Principal, and Merchants Bonding Company(Mutual) (hereinafter called"Surety"), a corporation organized under the laws of the State of Iowa and registered to transact business in the State of Washington as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Bremerton, Washington, (hereinafter called"City"),and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in the sum of One Hundred Sixty-Five Thousand*Dollars ($ 165,916.60 ), 100%of the contract amount plus any increases in the contract amount that have occurred or may occur due to change orders, increases in the quantities or the addition of any new item of work, the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors,jointly and severally, formally by these presents. *Nine Hundred Sixteen and 60/100ths 2. The Bremerton Municipal Code requires that a surety bond or other financial security be furnished by the Principal to the City to ensure completion of all Work by (,0 1440 -cram$b►c.l✓f P (date), in conformance with the plans, specifications, standards, permit reciirements, development guidelines and other requirements. Principal has agreed to meet this requirement by posting this bond in the amount of one hundred (100) percent of the estimated value of the Work and the estimated cost to restore existing improvements as determined by the City. This Payment Bond is issued simultaneously with a Performance Bond-Dual Obligee ("Performance Bond") issued in connection with the Project. As used herein, "Obligees" shall mean Owner, Lender, City of Bremerton and the additional obligee(s), if any,identified in a Rider to this Bond and"Obligee" shall mean any of the Obligees. 3. Contractor has entered into a Construction Contract with Owner for the construction of the Project("Contract"), which as the same may now or hereafter be amended by change order or otherwise, is made a part hereof by reference; 4. Contractor and Surety, jointly and severally ("Obligors"), bind themselves, their Page 1 of 4 Payment Bond Rev. 06/2022 heirs, executors, administrators, successors and assigns, to Obligees, for the use and benefit of Claimants as hereinafter defined in paragraph; One Hundred Sixty-Five Thousand Nine 165,916.60 5. In the sum of Hundred Sixteen and 60/100ths Dollars ($ ), to pay for labor, materials and equipment furnished for use in the performance of the Contract. Any approved increase in the total Contract price shall increase the monetary obligation of Obligors accordingly. 6. A Claimant("Claimant") is defined as one having a direct contract with Contractor or with a subcontractor of Contractor for labor,materials or equipment used in the performance of the Contract, including without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract, architectural and engineering services required for performance of the work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment was furnished. 4. This obligation shall be null and void if Contractor promptly makes payment to all Claimants for all labor,material, or equipment used in the performance of the Contract. 7. Contractor and Surety hereby jointly and severally agree with Obligees that every Claimant, who has not been paid in full before the expiration of a period of ninety(90) days after having last performed labor or last furnished materials or equipment, may sue on this Payment Bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon.No Obligee shall be liable for the payment of any costs or expenses of any such suit. 8. Surety shall have no obligation to Claimants under this Payment Bond unless: a. Claimants, who do not have a direct contract with Contractor, have given notice to any two (2) of the above-named parties, those being Contractor, Owner or Surety, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount claimed and the name of the party to whom the materials or equipment were furnished, or for whom the work or labor was done or performed. Any suit, action or proceeding brought by Claimants under this Payment Bond shall be instituted within one (1) year from the later of the date on which (i) Claimants gave the notice required by paragraph 6a, or(ii) the later of the date that Claimants either perform the last labor and/or service or furnish the last materials or equipment under the Contract. If this limitation is deemed to be in contravention of any controlling law, this provision of the Payment Bond is deemed amended so as to substitute the minimum period of limitation permitted by such controlling law for the above limitation. 9. The amount of this Payment Bond shall be reduced by any payment(s) made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens that may be filed of record against Project,whether or not the claim for the amount of such lien is presented under and against this Payment Bond. Notwithstanding the foregoing, no amounts paid without the written Page 2 of 4 Payment Bond Rev. 06/2022 consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders and other obligations. 11. Notice to Surety, Owner, or Contractor shall be served by mailing the same by registered mail or certified mail, postage prepaid, to the address shown on this Payment Bond or to such other address as may have been previously specified by the recipient in a notice given in accordance herewith. DATED THIS 26th day of September , 2024 Axiom-Division 7, Inc. PRINCIPAL (j1152:13fe'viev"" Merchants Bonding Company (Mutual) SURETY Carley Espiritu, orn -in-Fat Surety Mailing Address: Street 3120 139th Ave SE State/Zip Bellevue, WA 98005 Page 3 of 4 Payment Bond Rev. 06/2022 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day ---SLrcrn' �a rr'i zrci. personally appeared before me, known to be the individual(Principal)desce6ed in and who executed the within and foregoing instrument, and acknowledged that ,Z signed the same as h1'5 free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under mv, ,cl,and official seal this 2 ' i' day of S ep flew)b e✓ ,20?y! ''o•�cn:o Not is in and for the State of Washington, = c NOTARY � v c,�, _._ :z' Q; Residing at ( vckv PU My appointment expires:' 24Z8 a;,:s7j,•••'. !on#23 C9 R:\Legal\Legal\Forms\FOR?+I6, 4lnent Bond Rev.06 2022.docx 1,,HHuiuIµ►► Page 4 of 4 Payment Bond Rev. 06/2022 MERCHA T7 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint, individually, Aliceon A Keltner;Alyssa J Lopez;Amelia G Burrill;Anna Reid;Annelies M Richie;Brandon K Bush;Brent E Heilesen;Bryan R Ludwick;Carley Espiritu;Cherie M Boadle;Christopher Kinyon;Eric A Zimmerman;Holli Albers;Jacob Haddock;James B Binder;Jamie L Marques;Julianne Morris;Julie A Craker;Justin Dean Price; Katharine J Snider; Lindsey Elaine Jorgensen; Lois F Weathers;Sarah Whitaker their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015 and amended on April 27,2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 29th day of August . 2024 • .... .••". ''•. .••'"'• .• MERCHANTS BONDING COMPANY(MUTUAL) 110N.4�•'•�PFtPQR<• 9 • MERCHANTS NATIONAL BONDING, INC. y�'O '�O'. • O��`41PQq: 0.v•. q�yi: d/bla MERCHANTS NATIONAL INDEMNITY COMPANY :� • G -o- v'0' ;�:2 0- r" • • ; 2003 :�� y 1933 �•c: By67147 •.�J� .. ..•-.a.4 ••,"4( \1 � President STATE OF IOWA '•.•.... ...•..•' '• • COUNTY OF DALLAS ss. On this 29th day of August 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 4,-coat Penni Miller z , ,� Commission Number 787952 • • 15"•4 • My Commission Expires iOWP January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of September ,2024_ .•'• S6..117 ' ..G 0Mpoeg4 ' • 4O . • � Pa• . • =Z:? -o- p:� •F•••: -o- c V v': 2003 ;A •y• 1933 : ' Secretary • • N • • .: • 0. . POA 0018 (6/24) PERFORMANCE BOND BOND #: 101220655 DATE POSTED: RE: Contractor:Axiom-Division 7, Inc. PO Box 71, Lynden, WA 98264 Project Address: PUGET SOUND NAVAL MUSEUM ROOF REPAIRS AND GUTTER REPLACEMENTS 251 1st St.,Bremerton,WA 98337 KNOW ALL PERSONS BY THESE PRESENTS: 1. That we Axiom-Division 7, Inc. (hereinafter called"Principal") a corporation organized under the laws of the State of Lynden, WA , and registered to do business in the State of Washington as a contractor, as Principal, and Merchants Bonding Company(Mutual)(hereinafter called "Surety"), a corporation organized under the laws of the State of Iowa and registered to transact business in the State of Washington as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Bremerton, Washington, (hereinafter called"City"), and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in the sum of One Hundred Sixty-Five Thousand Nine Hundred Sixteen and 60/100ths Dollars ($ 165,916.60 ), 100% of the contract amount plus any increases in the contract amount that have occurred or may occur due to change orders, increases in the quantities or the addition of any new item of work, the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors,jointly and severally, formally by these presents. 2. The Bremerton Municipal Code requires that a surety bond or other financial security be furnished by the Principal to the City to ensure completion of all Work by too p,,,�s I .wn s N"f P (date), in conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. Principal has agreed to meet this requirement by posting this bond in the amount of one hundred (100) percent of the estimated value of the Work and the estimated cost to restore existing improvements as determined by the City. 3. The Work, including landscaping, shall remain free of defects in material, workmanship, and installation commencing on the date this bond is executed and ending on the date this bond is released in writing by the City. 4. Principal and Merchants Bonding Company (Mutual) , a corporation authorized to transact surety business for performance and maintenance bonds in the State of Washington ("Surety") agree and bind themselves, their heirs, executors, administrators and assigns, unto the Page 1 of 4 Performance Bond Rev. 06/2022 One Hundred Sixty-Five Thousand Nine 165,916.60 City in the penal amount of Hundred Sixteen and 60/100ths dollars ($ ), lawful money of the United States, according to the following terms and conditions: a. Principal shall, at its sole cost and expense, carefully correct any damage or defects in workmanship, materials, or installation to the City-owned real property on which the Work is to take place,and any City-owned facility thereon,and leave the same in as good condition as it was before commencement of the Work. b. Principal and Surety agree that if any of the Work is not complete by the date set forth above, if any of the Work is defective, if damage of existing improvements is observed,or if other activities have occurred which do not comply with the contract,and corrective action is required of the Principal as determined by the City, and the Principal does not commence correction of the same within twenty(20) days of demand by the City, Surety shall, within twenty (20) days of demand by the City,make a written commitment to the City that it will either: i. Correct the defect(s) or complete the Work itself with reasonable diligence pursuant to a time schedule acceptable to the City, or ii. Tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to complete the Work or correct the defect(s), up to the penal amount of the bond. Surety shall then fulfill its obligations under this bond,according to the requirement selected by Surety under either 4(b)(i) or 4(b)(ii) above. If Surety elects to fulfill its obligation under paragraph 4(b)(ii) above, then upon completion,the City shall notify the Surety of the actual cost. The City shall return, without interest, any overpayment made by Surety. Surety shall pay to the City any actual cost which exceeds the City's estimate, limited to the penal amount. This paragraph shall not be construed to obligate the City in any way to complete the Work or to correct any defect, and if the City does so, Principal and Surety shall remain liable to the City to pay all costs of the same. c. No change, extension of time,alteration,or addition to the Work shall affect the obligation of Principal or Surety on this bond, and Surety waives notice of any such change, extension, alteration, or addition. d. As part of the Work, Principal shall fully compensate all its employees, contractors, subcontractors, material men, and anyone else who could claim a lien as a result of the Work. The City is under no obligation to accept the Work as fully performed and to release this bond until the City receives assurance it deems adequate that all such compensation has been made or there is no such compensation to be made. e. This bond shall remain in full force and effect until the obligations secured by it have been fully performed and until the bond is released in writing by the City at the request Page 2 of 4 Performance Bond Rev. 06/2022 of Surety or Principal, and until a Warranty Deposit is received. f. If any legal action, including but not limited to the filing of a lawsuit,must be taken to collect on or to enforce the provisions of this bond, each party shall pay its own costs and attorney fees. This bond shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this bond shall be brought in Kitsap County Superior Court. DATED THIS 26th day of September , 2024 Axiom-Division 7, Inc. PRINCIPAL Merc is Bonding Company (Mutual) SURETY Carley Espiritu, Att ne - -Fac Surety Mailing Address: Street 3120 139th Ave SE State/Zip Bellevue,WA 98005 Page 3 of 4 Performance Bond Rev.06/2022 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day Jtre&V 'Parr;troli personally appeared before me, known to be the individual(Principal)debed in and who executed the within and foregoing instrument, and acknowledged that h c signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. t4r� RDAAA AAA GIVEN u 3,Q,Mfg fficial seal this Z/vi'1' day of Sce.frk w►6.0y- ,20 2'f QF• ' 'o:N co. o ‘pTARY Z"= ■ Q�V • = ^' : = Not: . ' - .lie in and for the State of Washington, PUBLIC Residing at Ly w eAn, V`}q ▪ 's C�.�'� sion#2'�°•' My appointment expires: 2/i (7_o27 woNsr R:\Legal\Legal\Forms\FORMS.TQ.... P...Performance Bond Rev.06 2022.docx Page 4 of 4 Performance Bond Rev.06/2022 LETTER OF TRANSMITTAL AXIOM Axiom Division 7 Inc. PO BOX 71 Lynden WA 98264 (360)354-3100 Fax:(360)318-9526 TO: City of Bremerton DATE: 9/27/2024 345 6th Street Suite 100 Bremerton,WA 98337 RE: Puget Sound Navy Museum Attn: Melinda Monroe WE TRANSMIT:BONDS VIA UPS THE FOLLOWING ITEMS: ❑WARRANTIES ❑PLANS 0 COPY OF LETTER ❑SUBSTITUTION REQUEST ❑SUBMITTALS ❑RFI ❑CHANGE ORDER ❑ATTACHED UNDER SEPARATE COVER COPIES DESCRIPTION 1 Retention Bond—Revised 1 Payment and Performance Bond THESE ARE TRANSMITTED as checked below: ❑FOR APPROVAL ❑FOR YOUR INFORMATION ❑FOR SIGNATURE ❑FOR REVIEW AND COMMENTS REMARKS: Thank you, Kristen Saur Axiom Division 7 Inc. Office:(360)354-3100 Fax:(360)318-9526