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HomeMy WebLinkAbout4530 +-----------~--~----------------~----------------------------~-------------+ TEnter Search Criteria, Press Esc Key to Transmit T TPress Del Key to Terminate Delete Mode T T CHANGE Contract Transactions t t Contract Number 4530 + . !VendOr Name TGW INC DBA EXCEL CONSTRUCTION T Subject REMODEL - PW&U BUILDING - SECOND FLOOR T Department FACILITIES T TStatus Code CON T T Amount $103035.33 t T Begin Date 11/21/2005 T T Insurance End Date 02/28/2006 T T Type Amount Review Date 02/15/2008 t T GL $2000000.00 T T T T T T Insurance Total $2000000.00 T t Insurance Review Date 05/01/2006 t T Comments CHANGE ORDER #1-1/06 #2-1/06 T T VAULT 01/01/2008 T T T +---------------------------~----------------------------------------------+ ~ Washington State Department of Revenue PO Box 47474 Olympia, WA 98504-7474 601 617 237 Certificate of Payment of State Excise Taxes by Public Works Contractor T G W INC DBA EXCEL CONSTRUCTION 2155 NE EDWIN CT POULSBO WA 98370 CITY OF BREMERTON PUBLIC WORKS ATTN: CHRIS MOTTNER 100 OYSTER BAY AVE N BREMERTON WA 98312 We hereby certify that taxes, increases and penalties due or to become due from the above-named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract: CITY OF BREMERTON PUBLIC WORKS #4530 REMODEL P W & U BLDG 2ND FLR PH III together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage. This certificate is issued pursuant to the provision of Chapter 60.28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above-mentioned contract or other activities. Dated r(\o.y ~5 I Db at Olympia, Washington, State of Washington Department of Revenue ~ Certifying o~ To inquire about the availability of this document in an alternate format for the visually impaired or in a language other than English, please call (360) 486-2342. TTY users may call 1-800-451-7985. . REV 310028 (10-01-02) ROUTING: Disbursing Officer, Contractor, File, Special File ,:-- -~ Employment Security Department WASHINGTON STATE PO Box 9046 · Olympia, WA 98507-9046 CONTRACTOR: T G WIne. 2155 Edwin Ct. N.E. Poulsbo, W A 98370-7975 ) CERTIFICATE OF ) PAYMENT OF CONTRIBUTIONS ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 847687-009 TO: City of Bremerton Public Works & Utilities - Attn: Chris Mottner 100 Oyster Bay Ave. N Bremerton, WA98312 The Employment Security Department hereby certifies that contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: 4530 The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage which is provided by RCW 60.28.040 for contributions, penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. Dated at Olympia, Washington on June 19,2006. COMMISSIONER EMPLOYMENT SECURITY DEPARTMENT ByL/r) (ihrl CL ~ ~ Authori d RepresentatIve (360) 902-9622 Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files EMS 8449 760 R3-98 Verity Workers' Comp .PremIUm ~tatus - bmplOyer LlaOlmy \..,l;;lllUl;i:lLt: .Lao'"" 1. \..1..1. J.. Washington State Department of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 06/28/2006 UBI #: 601617237 Business Name: TGW INC Legal Business Name: TGW INC Account #: 884,413-01 'Doing Business As' Name: T G W INC Quarterly Premium Reports: NIA Workers' Comp Premium Status: Account is closed. Firm has no active industrial insurance account. Licensed Contractor? Yes License: EXCELC*054L9 Expire Date: 5/1/2008 Account Representative: T7 1 BELVA SHOOK (360)902-4811 - Email: SH0023 5@lni.wa.gov Industrial Insurance Information The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW 51.12.050 and 51.16.190.) https://fortress. wa. gov/l nil crpsil AcctInfoPrint. aspx? AccountId=884413 0 1 &AccountManag... 6/28/2006 03/23/2005 11:29 3504735350 CITY BREMERTON PW&U PAGE 01/01 .I ~ FINAL WAIVER OF LIEN To All Whom It May Concern: WHEREAS, the undersigned has been employed by (Al' r.i ty o~ 'Rr.,m.,rt-on to furnish labor and materials for (B) Remodel of the Public Worklii Building, 2nd Floor work, un(.!eracontract(C) Prnjprj- 411A for the improvement ofthe premises described as (0) Public Works Building, 100 ,Oyster Bay Ave. N, Bremerton,WA , in "{he (City-Village) of Bremerton County of Kgsap , State of wA of which City of Bremerton;- is the Owner. NOW, THEREFORE, this 23rd day of March 2(l'~, 'for and inconsideration of the sum of (E) $ 1 () q ) h 7 () ? h Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above-described. premises, and the improve- ments thereon, and on the monies or other considerations due or to become due from the owner; on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereaher be furnished by the undersigned to or for the above- described premises by virtue of said' contract. No Corporate Seal Available (SEAL) (Affix corporate seal here) INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services. or materials, or bath. (BI Fill in nature and extent of work; !>trike the word labor or the ward materials if not in your contract. (el If you have more than one contract on the Same premises; describe the contract by number if available, date and extent of work. (0) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. lEI Amount shown should be the amount actually received and equal to total amount of contract as adjusted. {Fl If waiver is for a corporation. corpora1e name should be used, corporate seat affixed and title of officer Signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. ,"--, '~, ebit: For the CBIC branch nearest you, call toll free: (888) 283-2242 (888) 293-2242 FAX INSURANCE Individual Acknowledgments STATE OF WashinQton } ss.: COUNTY OF Kitsao On this 23RD March 2006 , before me personally came day of My commission expires Mav 8TH, 2008 STATE OF ss.: COUNTY OF On this , before me personally camc Januarv day of , to me known and known to be the person(s) described in and who executed the foregoing instrument, and s(he )/they thereupon duly acknowledged to me that s(he )/they executed the same. Notary Public My commission expires Januarv STATE OF } ss.: COUNTY OF On this Januarv , before me personally came day of ,to me known and known to be the person(s) described in and who executed the foregoing instrument, and s(be )/they thereupon duly acknowledged to me that s(he )/they executed the same. Notary Public My commission expires January STATE OF } ss.: COUNTY OF On this Januarv day of , before me personally came ,to me known and known to be the person(s) described in and who executed the foregoing instrument, and s(he )/they thereupon duly acknowledged to me that s(he )/they executed the same. Notary Public UndSKIA,OI-WAl I 1094 My commission expires January ., AFFIDAVIT OF PUBLICATION Account #42742 / Ad # 100187887 STATE OFWASHINOTON COUNTY OF KITSAP -' I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , February 15,2006 and that such newspaper was regularly distributed to its subscribers during all of $29.86, which amount has not been paid in full. ~Jr€~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 23, 2006. Notary Public in and for the State of Washington, Kitsap County. City of Bremerton' NOTICE OF FINAL COMPLETION' Notice of final completion has been filed with the City of Bremerton on Monday, February 13, 2006 by TOW Inc. dba Excel Construction, Poulsbo, Washington for Contract - Remodel of Public Works and Utilities Building, Second Floor, Phase III (Final), located at 100 Oyster Bay Avenue N, Bremerton Washington. Any parties having a claim for materials, labor or damages with reference to this contract have forty-five (45) days from the date of publication of this notice to file a claim,- February 15, 2006..#10018788T l.()30 AFFIDAVIT OF PUBLICATION Account #42742 / Ad # 100187887 STATE OFWASHINOTON COUNTY OF KITSAP .. I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton,Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , February 15,2006 and that such newspaper was regularly distributed to its subscribers during all of $29.86, which amount has not been paid in full. ~.(1~. (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 23, 2006. Notary Public in and for the State of Washington, Kitsap County. City of Bremerton' NOTICE OF FINAL COMPLETION' Notice of final completion has been filed with the City of Bremerton on Monday, February 13,2006 by TOW Inc. dba Excel Construction, Poulsbo, Washington for Contract - Remodel of Public Works and Utilities Building, Second Floor, Phase III (Final), located at 100 Oyster Bay Avenue N, Bremerton Washington. Any parties having a claim for materials, labor or damages with reference to this contract have forty-five (45) days from the date of publication of this notice to file a claim.- February 15, 2006"#10018788T ....-~ .; .. Paula Johnston From: Sent: To: Cc: Subject: Paula Johnston Monday, February 13, 2006 8:25 AM 'Russell, Nora' Chris Mottner FW: Notice of Final Completion Attachments: Notice of Final Completion advertisement.doc ~ Notice of Anal Completion adv... G d M . N 00 ornlng, ora, Please publish the attached Notice of Final completion for the Remodel of Public Works & Utilities Building as soon as possible and send me two affidavits of publication. Please confirm. Thanks. pj Paula Johnston, City Clerk City of Bremerton 345 6th Street, Suite 600, Bremerton WA 98337 360-473-5323/360-473-5200 fax Paula. Johnston@ci.bremerton.wa.us -----Original Message----- From: Linda Fulton Sent: Friday, February 10, 20067:59 AM To: Paula Johnston Cc: Chris Mottner Subject: Notice of Final Completion Attached is the NFC that Chris Mottner asked me to e-mail to you for the Remodel of Public Works and Utilities Building, Second Floor, Phase III. Please let me know if you need anything further. Thanks, Linda Fulton Public Works & Utilities X 6922 1 CITY OF BREMERTON CliANGE ORD-=R CONTRACT CHANGE ORDER NO: 02 . . PROJECT NAME: Remodel of PubUc Works and Utilities Building, Second Floor, Phase~1II (Fina~) PROJECT NO: 4338 CONTRACTOR: TGW Inc. dba Excel Construction ORIGINAL CONTRACT AMOUNT: $109,000.20 CAL. DAYS: $5,964.86 . CAL. DAYS: $610:06 CAL. DAYS: . $109,670.26' -CAL. DAYS: 90 PREVIOUSLY APPROVED CHANGES: o THIS CHANGE: o REVISED CONTRACT AMOUNT: o This Change Order covers changes to the subject contract as described herein. The Contractqr shall I construct, furnish equipment and materials, and perform all work as necessary or requited to compl~te the Change Ord,er Items. The decrease in contract price shown below incl~des any applicable taxes. - DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN ' CONTRACT ~ .... CONTRACT' CONTRACT TIME ..... -AMOUNT AMOUNT EXTENSION .... ~ CD ($) ($) (CAL. DAYS:) '3 IX a::: X Provide and install two (2) bui~ in oak bookcases Per. City's specifications, to . $670.06 O.~ match other.trim in offICe areas. NET CHANGE IN CONTRACT AMOUNT' (INCREASE) $670.06 Contractor ackn.owledges and accepts that this Change Order constitutes final"settlement of all claims of any kind or nature arising - from or connected with any work either covered .or affected by this Change Order, including, without limitation, claims related'to contract time, on-site or home office oyerhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. . CONTRACT CHANGE ORDER NO: 02' PROJECT NAME: Remodel Of PUblic Works and Utilities 'Building, SeCond Floor, Phase III (Final) The undersigned Contractor approves the 'foregoing Chang,e Order a~ to the changes, if ,any, in the qontract price specified for each item, including any and all supervision ~osts' 'and other miscellaneous costs relating to the change.in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change 9rder. ' , This document. will become a supplemenf of ,the contra~ an'd all provisions will apply hereto. It is understood that this Change Order shall be effectiv~, when approved by the City of Bremerton. , , The 'parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the,' parties of. t,his contract. In addition; Contractor warrants that it has 'or' will inform the surew of this change, and shall take appropriate action to modify any bonds required under the contract to address 'this change~ ' ~ RECOMMENDED: ~-? _ _ _. . - - ,PRO CT MANAGE ' , RECOMMENDED:~ ~~ DIRECTOR OF PUBLIC WORKS ,/ /.2 -:t2 0,,0 ~ Date ll. -Lt!), - or Date ACCEPTED: /z... -/6'- 050- Date APPROVED: 1- 7 - Py Date APPROVED AS TO FORM: ..~~.// B(e erton Ci~mey , " , 'Page 2 of2 '/ ' November 30, 2005 Contract to Remodel Public Works Building Second Floor Change Order-Bookcases Construct a built in bookcase in the West wall of the new office for the Water Section supervisor and a built in bookcase in the West w@ of the Water Section staff area. Bookcases to be constructed of oak faced plywood on all surfaces-top, bottom, sides and back. Face trim is to be constructed of3/4" solid oak stock beveled per the City's specification. The bookcases are to be approximately 36" high and 48" wide. All oak surfaces are to be sanded, stained and varnished to match other trim in the office area. , Materials $267.00 Labor 350.00 Subtotal 617.00 Sales tax 53.06 Total 670.06 Contractor Thomas G. Wallner TOW Inc. d/b/a Excel Construction City chris Mottner City of Bremerton I Chri~ M9ttl'!~r :-J~e: CI2~nge~br~ers . " ..,.~:-,~~._., =-P~ge]J From: To: Date: Subject: Thelma Swem Fulton, Linda; Mottner, ,Chris 12/15/05 8:26AM Re: Change Orders The Change Orders are fin,e. Ken came in for a few yesterday and I had him 'look them Over: >>> Linda Fulton 12/14/053:22 PM >>> Hi Thelma, Chris asked me to send these to you for review prior to us having the contractor sigh acceptance. Please respond back to me by Friday, December 16 if 'at all possible. Thank you Linda Fulton Public Works & Utilities CITY -OF BRE,ME,RTO,N CHANGE, ORDER ' " " . CONTRACT CHANGE ORDER NO: 01, PROJECT NAME: Remade'1 of PUblic,Works,and Utilities',Building, Second FI9Qr, Phase III (Final) pROJECT NO: 4338 CONTRACTOR: TGW Inc. dba Excel' Co~struction ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: $1 03;0~5.34 CAL. DAYS: " 90 .,$0:.00 CAL. DAYS: 0 $6,964.86 CAL. DAYS: 0 $109,000.20 CAL. DAYS: 0 THIS CHANGE: REVISED CONTRACT AMOUNT: . , This Change Order,covers changes to Jhe subject contract as described herein. The Contractor shall construct, 'furnish equipment' and - r:nateriais, and perform :all work as necessary or required to complete the 'Change Order 'Items.' The, decrease in' contract price shown b~low includes any , applicable'taxes. DESCRIPTION OF, CHANGES INCREASE IN (DECREASE) IN CONTRACT ~ .... CONTRACT CONTRACT TIME ..... AMOUNT AMOUNT EXTENSION .... ~ CD ($) ($) (CAL. DAYS:) '3 IX 0:: X' ' Provide and install eighteen (18) additional telephone/data $5,964.86 0 droops " X Provide,and,ins~II eighteen (18) additional electrical receptacles X Provide and install six ,(6) light fixtures at stairWeil,s and landif'!gs , NET CHANGE IN CONTRACT AMOUNT (INCREASE) , $5,964.86 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature aTising from or connected with any work either covered or affected by this Change ,Order" including, without limitation, claims related to' contract time, on.,site or hom'e office overhead, or !ost profits. Nothing 'in this Change Order shall limit the City's right to bring a claim 'for ,past performance. CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: Remodel ,of 'Public Works ,and Utilities Building, Second Floor, Phase III (Final) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, 'incl~ding any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. ' ' This, document will become a supplement of the contract and all provisions will apply hereto: It is understood that this Change Order shall be effective when approved by the City of 6remerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this C9ntract. In addition, Contractor warrants that it has o~ will inform the, surety of this change, and 'shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: ~ " P~ECT MAGER RECOMMENDED:Cb >>~-><:1 DIRECTOR OF PUBLIC WORKS .-- J..:z.,...~O ~S Date /z/zo/~J Date ACCEPTED: . ~ Idtb CONTRACTOR: TGW Inc. xcel Construction /I'~( - Or' Date APPROVED: I ;~)~ -~r MAYOR Date APPROVED AS TO FORM: ~~ -// Brem rt~n Ci ttorlley Page 2 of2 .,',:,,':,',;:',I~(i,"':':.':',l'~i<;,..r.~';,.,'\,"'~.l--::_".:.:'" ., '_'~"".,;" ~"'- " ~("J', '10" ,,-';~:~ "'~"..:~..:~,._"i',',A~, .:~~:.~' ~>,:'.-~:"r,"'~,'''' .,,, ..,::~:-:':_'.'. ',' ,', ' ":-":",'::",.,,,,:l,',:.,,',:,',.,., .""':,;',:.,.",, ',' ' " \ .~' ~ .::'.:_:,..:""~:".::' II_ " > _ .r . _ J . . ~ . ' , . _.. , , ' ~ ' . ~". . _:: i".',':' .p "f,.:: ..,.r'\.,.:' .f,' }..:: _.... ,~., _ ,!. .......,'~~.'."',.~. ',~,':'.:,',',,:,I:, :,:" ..... .,.. I' 1 "J _., ., ,\ ,> . ~ _ :.C: .,. ..-- .'" 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Thank you Linda Fulton Public Works & Utilities +--------------------------------------------------------------------------+ +press ESc Key to Insert new record, Ctrl-Z to Clear form T +Press Del Key to Terminate Insert Mode + + INSERT Contract Maintenance + + Contract Number 4530 + ~Vendor Name TGW INC DBA EXCEL CONSTRUCTION ~ +Subject REMODEL - PW&U BUILDING - SECOND FLOOR + +Department FACILITIES T TStatus Code CON T T Amount $103035.33 T T Begin Date 11/21/2005 T t Insurance End Date 02/28/2006 T T Type Amount Review Date 02/15/2008 T T Press Fl for GL $2000000.00 + + valid insurance + T+ type codes T Insurance Total $2000000.00 T + Insurance Review Date 05/01/2006 + + + t Comments VAOLT 01/01/2008 t +--------------------------------------------------------------------------+ PUBLIC WORKS AGREEMENT (Page 1 of 8) THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and TGW Inc., dba Excel Construction ("Contractor"), whose mailing address is 2155 NE Edwin Court, Poulsbo, WA 98370 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Completion of the final phase of the Remodel of the Public Works and Utilities Building, Second Floor including labor and materials needed and all other work done in accordance with and described in the technical specifications; Scope of Bid. 2. TIME OF COMPLETION. Contractor shall complete the work within 90 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 of $94,876.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond, 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 sixty (60) 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. 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 industrial 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 without notice for good cause. "Good cause" shall include, without limitation, anyone or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. PUBLID WORKS AGREEMENT - 26- (Between the City of Bremerton and TGW Inc._dba Excel Construction} (Page 2 of 8) C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. \. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral 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 either a written or oral work change directive from the City or a 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 bv the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: PUBLID WORKS AGREEMENT -27 - (Between the City of Bremerton and TGW Inco_dba Excel Constructiou} (Page 3 of 8) 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) 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 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 Dutv 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 Chanoes. 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 or oral order (including directions, instructions, interpretations, and determination). PUBLID WORKS AGREEMENT - 28- (Between the City of Bremerton and TGW Inco.dba Excel Construction} ~---------- (Page 4 of 8) 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 or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO 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 Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, 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 solely caused by the City's 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 exteht of the Contractor's negligence. PUBLID WORKS AGREEMENT - 29- (Between the City of Bremerton and TGW Inco_dba Excel Construction} ----~ (Page 5 of 8) 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 against claims for injuries to persons or damage to property that may arise from or in connection with the performance of. the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 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) if applicable; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. 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 Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. PUBLID WORKS AGREEMENT -30. (Between the City of Bremerton and TGW Ine..dba Excel Construction} (Page 6 of 8) If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governino Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attornev's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. PUBLID WORKS AGREEMENT - 31- (Between the City of Bremerton and TGW Inco_dba Excel Construction} (Page 7 of 8) G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assionment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severabilitv. If anyone or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Aoreement. 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. PUBLID WORKS AGREEMENT - 32- (Between the City of Bremerton and TGW Inc..dba Excel Construction} (Page 8 of 8) IN WITNESS WHEREOF, the parties below have executed this agreement. CO'l;:kCTOR ttIJ . q~~ ~ Print Name: -rC.1CJ1M:l(!r-: lJA IfiAA/ b YVl /1kJ Title: fl<SJ'f~ Title: t11 '" ~ '-"- -- II-:J. I '- C) r DATE 1!-/7-IJ ~ DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: t:::.-'!-ce/ ;: If} 1//{' n tu T-! ~ t? Chris Mottner , 2. I '/- r -;(/E f3I w '\1 G-:... Inventorv/Facilities Supervisor A t1 /,10, (j/ If- ((1 Ill) Public Works and Utilities . / 100 Oyster Bay Ave N Bremerton. WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: >t-~ Bremerton City Attorney ATTEST: PUBLID WORKS AGREEMENT -33 - (Between the City of Bremerton and TGW Inc._dba Excel Construction} -~ -~