HomeMy WebLinkAbout4542
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tEnter Search Criteria, Press Esc Key to Transmit t
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t CHANGE Contract Transactions t
t Contract Number 4542 t
t t
tVendor Name ALPENGLOW CONSTRUCTION SERVICES t
tSubject RESTORATION - OPERATIONS SHOP BUILDING ROOF t
tDepartment PW - UTIL t
tStatus Code CON t
t Amount $25521.00 t
t Begin Date 01/09/2006 t
t Insurance End Date 05/08/2006 t
t Type Amount Review Date 02/15/2008 t
t GL $2000000.00 T
t AL $1000000.00 t
t t
t Insurance Total $3000000.00 t
t Insurance Review Date 12/01/2006 t
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t Comments CHANGE ORDER #1-3/06 t
t VAULT 01/01/2008 t
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State of Washington
Department of Revenue
PO Box 47474
Olympia WA 98504-7474
t-ILE CO
v
Contractor's Tax Registration No. (UBI No.) 602495 038
Date 5/1 /06
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
City of Bremerton Public Works & Utilities
Attn: Chris Mottner
100 OysterBay Avenue N
Bremerton W A 98312
Assigned To
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Operations Shop Building Roof Restoration 4542
Contractor's Name Telephone Number
Alpenglow Construction Services, Inc. (360) 710-3340
Contractor's Address
4104 Chrey Lane, Bremerton, W A 98312
Date Work Commenced Date Work Completed Date Work Accepted I
2/7/06 3/20/06 5/3/06
Surety or Bonding Company
N/A
Agent's Address
N/A
---'.
Contract Amount $ 23,500.00
Additions $ + 0.00
Reductions $- 0.00
Sub-Total $ 23,500.00
Amount of Sales Tax Paid at 8.6% $ 2,021.00
(If various rates apply, please send a breakdown.)
TOTAL $ 25,521.00
Liquidated Damages
$
0.00
Amount Disbursed
Amount Retained
$
$
24,346.00
1,175.00
TOTAL
$
25,521.00
Comments:
Contact Name Chris Mottner
Phone Number (360) 473-2316
E-mail Addresschris.mottner@ci.bremeton.wa.us
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
For tax assistance visit http://doLwa.govorca1l1-800-647-7706.Toinquire about the availability of this document in an alternate format
for the visually impaired, please call (360) 705-6715. Teletype (TTY) users may call 1-800-451-7985.
REV 31 0020e (01107/05)
Washington State
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
602 495 038
Certificate of Payment of State Excise
Taxes by Public Works Contractor
ALPENGLOW CONSTRUCTION SERVICES INC
4104 CHREY LN
BREMERTON WA 98312
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 th~ above-named
contractor under Chapter 180, Laws of 1935,.as amended, with respect to the following public works
contract:
CITY OF BREMERTON PUBLIC WORKS
#4542 OPERATIONS SHOP BLDG ROOF RESTOR
together with all other taxes, increases and penalties due from such contract<?r, 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
percenfage.
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 b due with respect to the above-mentioned contract or other activities.
00&
at Olympia, Washington,
Dated
State of Washington
Depa ent of Revenue
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 (l0-01-02) ROUTING~, Contractor, File, Special File
,::-
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Employment Security Department
WASHINGTON STATE
PO Box 9046 · Olympio, WA 98507-9046
June 19,2006
City of Bremerton Public Works & Utilities
Attn: Chris Mottner
100 Oyster Bay Ave. N
Bremerton, W A 98312
Re: Alpeng10w Construction Services, Inc., No File
Reference is made to Public Works Contract: 4542
This is to inform you that Alpenglow Construction Services, Inc. is an owner/operator and is not liable to
the Employment Security Department.
This information is provided because of your contingent liability under RCW 50.24.130.
Ifwe may be of further assistance, please feel free to call Myrna Barrios at (360) 902-9622.
DALE ZIMMERMAN, Supervisor
Compliance/Enforcement
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\ AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 100192000
ST ATE OF WASHINGTON
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: ,
March 23, 2006 and that such newspaper was regularly distributed to its subscribers during all of $29.86,
which amount has not been paid in full.
~. .luUu-
(Signature of Principal Clerk)
Sub"ribod aud sworn to before me this day of Ma;eh :2
Notary Public in and for the State of Washington, Kitsap County.
City of Bremerton'
NOTICE OF COMPLETION'
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Notice of Completion has been filed with the City of Bremerton on Monday, March 20, 2006, Alpenglow
Construction Services, Inc., Bremerton, Washington for Contact No. 4542- Operations Shop Building
Roof Restoration, located at 3029 Olympus Drive, Bremerton, Washington.-
Any parties having a claim for material, labor or damages with reference to this Contract have forty-five
(45) days from the date of first publication of this notice to file a claim.-
March 23, 2006,,#100192000-
~
~I
9 ,1' 'N PE 2 RT E NT' AM
37 03/23/06 - 03/26/06 CITY OF BREMERTON .
~S";\ ,';;);;o'Jl:fOTA " M' NT:D V'I E:#c:.'D;':>:'S;t.';j 3 i;. -';-'-;~L'-;;;< f;e',-',"' :'_: :;f"S~~----J,' {,_iA-TERMS:OF---PAYME
29 86 443625 Due Upon R-eceipt
...
r: ENT NT: DAYS';;'<< (;-;;i<~ }f:c' ,DAYS" :)-o-r/:;Ji\::L,Yi~" it,; VER 00 D
I I " I
545 5th Street. P.O. Box 25
Bremerton, Washington 983
(360) 377-3711
1-888-377-3711
Fed. 1.0. # 31-1260530
ADVERTISING INVOICE and STATEMENT
'>X;/<:?\;:.;/';~/<'>:F'" :"',->;:t./.;- B(L.LED:ACCOUNTNAMF'AND:-ADDRESS(<~<:}', i;Y~~;";; ';'~,,,-;,>; :l);-',iS,-i">;'c
9 <'IiG::~G:';dYf,\;,;;;,~"m_- ,,,.., ^--Y-->~:_-;:\REM1TTANCE:-ADDRESS'->
4 ?';;;,'PAGE'#,' ;"';"1511,, ;;;;';;BILLlNG'DATE;;1t]';/,: 8
11 03/26/06
6 h 'i';';;" 'BllLED,ACCOUNT;NUMBER. ,;'
42742
ATTN: ADMIN SERVICES
CITY OF BREMERTON
345 6TH ST STE 600
BREMERTON WA 98337
KITSAP SUN
PO BOX 34688
SEATTLE, WA 98124-1688
7;,,;'1', ';;;'1;ADVERTISERlClIENT:NUMBEW"; ;;;';<;9",
10
il
03/2
100192000
03/23
iiiKitst'~un
kitsapsun.com
4;';1; :'INVOICE,NUMBER,; 'i,,; 25
44362 03
020044362500000029861
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20
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29.86
CityofBremerton NOTI
3310 100192000
PAULA JOHNSTON
2
29.86
545 5th Street. P.O. Box 259
Bremerton, Washington 98337
(360) 377-3711
1-888"377-3711
Fed.I.D. # 31-1260530
'UNAPPLlED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE
All accounts are due upon receipt.
ALL MAJOR CREDIT CARDS ACCEPTED
, ,,', >" " 'ADVERTISER INFORMATION ,""
6 ,,'i'8ILLED ACCOUNT NUMBER n" . i-r<ADVERTISERlClIENT'NUMBER, '
3 26 06 42742
ADVERTISER/CLIENT NAMEi'
BilLING INQUIRIES: (360) 792:3333
Affidavit of Wages Paid
IIIIIIII
II1IIIIII
-
Received:
02/23/2006
Page 1 of 1
Affidavit of Wages Paid
Prevailing Wage Section
Department of Labor &
Industries
PO Box 44540
Olympia, WA 98504-4540
Affidavit Id:
95614
Status:
Approved on 02/23/2006
Company
Information:
LicE)nse History
gearch fOIJmtu_sJrial
Insulance_PremjLLm Status
Payment Type:
Company Signature:
COMPANY
ALPENGLOW CONST SERVICES INC
ALPENCS950L3
602 495 038
4104 CHREY LANE
BREMERTON, WA 98312
(360) 710-3340
Electronic
Electronic
Public Agency:
County:
City:
Project Name:
Contract Number:
Date Intent Filed:
Bid Due Date:
Award Date:
Date Work
Completed:
Prime Contractor:
Did Your Company
Hire Subcontractors
To Perform All Work? No
Did Your Company
Hire Any
Subcontractors?
$ Amount:
Number of Owners:
Filed by:
PROJECT
BREMERTON, CITY OF
239 4TH ST
BREMERTON, WA 98337
KITSAP Multiple Counties? No
bremerton
Operations Shop Building Roof Restoration
0001
02/23/2006
11/01/2005
01/31/2006
02/23/2006
ALPENGLOW CONST SERVICES INC
ALPENCS950L3
(360) 710-3340
No
$23,500.00
1
Patrick Joe Drebick
EMPLOYEES' WAGES
Journey Level Trades/Occupations
Apprentice Trades/Occupations
https://fortress.wa.gov/lni/pwiapub/ AffidavitPrint.asp?ID=95614
7/20/2006
'AFFIDA VIT OF PUBLICATION
Account # 42742 / Ad # 100192000
ST ATE OF WASHINGTON
COUNTY OF KITSAP
I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embniced 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: ,
March 23, 2006 and that such newspaper was regularly distributed to its subscribers during all of $29.86,
which amount has not been paid in full.
~ LU-Uv-
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 30, 2006.
Notary Public in and for the State of Washington, Kitsap County.
City of Bremerton.
NOTICE OF COMPLETION.
Notice of Completion has been filed with the City of Bremerton on Monday, March 20, 2006, Alpenglow
Construction Services, Inc., Bremerton, Washington for Contact No. 4542 - Operations Shop Building
Roof Restoration, located at 3029 Olympus Drive, Bremerton, Washington.-
Any parties having a claim for material, labor or damages with reference to this Contract have forty-five
(45) days from the date of first publication of this notice to file a c1aim.-
March 23, 2006"#100192000-
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 01
PROJECT NAME: Operations Shop Building Roof Restoration
PROJECT NO:
4938
CONTRACTOR: AlpenGlow Construction
ORIGINAL CONTRACT AMOUNT:
$25,521.00 CAL. DAYS:
$0.00 CAL. DAYS:
$0.00 CAL. DAYS:
90
PREVIOUSLY APPROVED CHANGES:
o
THIS CHANGE:
o
REVISED CONTRACT AMOUNT:
SAME, NO CHANGE CAL. DAYS:
o
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to
complete the Change Order Items. The decrease in contract price shown below includes any
applicable taxes.
DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT
~ ..- CONTRACT CONTRACT TIME
r- AMOUNT AMOUNT EXTENSION
..-
~ Q) ($) ($) (CAL. DAYS:)
"S
0: 0::
X Delete: Installation of metal support system. 0 0 0
Installation of insulation
Installation of coating on half of roof
X Addition: Installation of metal roof panels over entire roof 0 0 0
surface.
Substitutions of equal roof product than those specified.
NET CHANGE IN CONTRACT AMOUNT
(NO CHANGE) SAME 0 0
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this
Change Order, including, without limitation, claims related to contract time, on-site or home office
overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for
past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
CONTRACT CHANGE ORDER NO: 01
PROJECT NAME: Operations Shop Building Roof Restoration
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order
that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change. /
3rb ro6
Date
~~'--J'-/ //
RECOMMENDED~~ ~~ ~
DIRECTO OF PUBLIC WORKS
5/7 )01,
Date
ACCEPTED:
f'e& J rvr-
CO iTOR: AlpenGlow Construction
g --
-
~-b-()~
Date
APPROVED:
3Y~--2)~
Date
~
Page 2 of2
Alpenglow Construction Services IDe.
4104 ChreyLane
Bremerton" W A 98312
360 710-3340
360 479 5021 fax
December 27, 2005
PROPOSED CHANGE ORDER
City of Bremerton
Public Worlcs
100 Oyster Bay
Bremerton. W A 98312
Attn: . Chris Mottner
Wayne Hamilton
PROJECf:
Metal Roof Restoration
We propose the following changes to the plans and specifications for the above project.
1. Substitute the specified roofing material with an equal product as submitted.
2. We propose to delete the following:
1. Installation of the metal support system
2. Installation of insulation.
3. InstaI1ation of a coating system on, half the roof.
3. We propose to add the following:
1. Installation of metal roofing panels over the entire roof instead of
half the roof as specified.
2. The owner will purchase and provide metal roofing ~Is to be installed by
the Cont:rnctor.1be owner will purchase panels in the amount of $6,900.00.
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tPress Esc Key to Insert new record, Ctrl-Z to Clear form ,.
tPress Del Key to Terminate Insert Mode ,.
t INSERT Contract Maintenance t
,. Contract Number 4542 t
t t
tVendor Name ALPENGLOW CONSTRUCTION SERVICES t
tSubject RESTORATION - OPERATIONS SHOP BUILDING ROOF t
tDepartment PW - UTIL t
tStatus Code CON t
t Amount $25521.00 t
T Begin Date 01/09/2006 t
t Insurance End Date 04/30/2006 t
t Type Amount Review Date 04/01/2006 t
t Press Fl for GL $2000000.00 t
T valid insuranceAL $1000000.00 t
t type codes t
t Insurance Total $3000000.00 t
t Insurance Review Date 12/01/2006 t
~ Comments ~
t t
t ,.
+--------------------------------------------------------------------------+
I-I.m::
Iwl
,__.___________!!!!l
r~A-
PUBLIC WORKS & UTILITIES
Operations Division
February 3, 2006
Mr. Pat Drebick
Alpenglow Construction Services, Inc.
4104 Chrey Lane
Bremerton W A 98312
Dear Mr. Drebick:
Subject: Operations Shop Building Roof Restoration
Notice-To-Proceed (NTP), Tuesday, February 7, 2006
This letter is hereby your Notice-To-Proceed with the above subject project. According
to the executed contract, work shall begin within ten (10) calendar days from the date of
this letter, Tuesday, February 7, 2006. The completion date is ninety (90) calendar days
after this Notice- To-Proceed date, Monday, May 8, 2006. .
If you have any questions as to this NTP, please do not hesitate to call me at
(360) 473-2316.
Sincerely,
C1.'4. Wl~
Chris Mottner
Project Representative
cc: Wayne Hamilton, Utilities Operations Manager
~Paula Johnston, CitY-Clerk)
Project File
PUBLIC WORKS AGREEMENT
(Page 1 of 8)
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Alpenglow Construction Services ("Contractor'), whose
mailing address is 4104 Chrey Lane, Bremerton WA 98312.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following services
for the City:
Installation of approved roof restoration systems over the properly prepared existing
5,000 square foot total roof surface; 2,500 square feet, to include pre-manufactured
metal roof panels and insulation as specified; 2,500 square feet, to include liquid applied
protective coating, as specified in section 07563, Metal Roof Restoration.
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
$23,500.00, 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.
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Constrnction Services, Inc)
- 2S-
(Page 2 of 8)
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.
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.
I. 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, n 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
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Construction Services, Inc)
-26-
(Page 3 of 8)
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:
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 Comolete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor's Acceotance of Chances. 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
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Construction Serviees, Ine)
- 27-
(Page 4 of 8)
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).
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.
PUBLIC WORKS AGREEMENT
(Between tbe City or Bremerton and Alpenglow Construction Services, Ine)
- 28-
(Page 5 of 8)
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 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 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 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.
PUBLIC WORKS AGREEMENT
(BetweeD tbe City of BremertoD aDd AJpeDglow CODstruCtiOD Services, IDc)
- 29-
(Page 6 of 8)
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.
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. ComDliance 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. Non-waiver 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. Governina 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.
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Construction Serviees, Ine)
-30 -
(Page 7 of 8)
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties' performance of
this agreement, each party shall be responsible for payment of its own
legal costs and attorney's fees incurred in defending or bringing such
claim or lawsuit; however, nothing in this subsection shall limit the City's
right to indemnification under Section 10 of this agreement.
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. Assianment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed
by a duly authorized representative of the City and Contractor.
J. Severability. If 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 Aareement: 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.
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Construction Services, Inc)
-31-
(Page 8 of 8)
f
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR ~OF ~ON ,
~\-. ~ ~
Print Name;}>a::l- Dreb lek Print Name;;,17 ?~ ~1"hV
Title: ~ ('e.8 J cD l/"\.. \- Title: Il!IPJ oJ"""
DATE 1-3-0b DATE 1-7-~
Notices to be sent to:
Notices to be sent to:
CONTRACTOR:
CITY OF BREMERTON:
Chris Mottner
Inventory/Facilities Suoervisor
Public Works and Utilitites
100 Oyster Bav Ave N
Bremerton. WA 98312
(360) 473-2316
(360) 473-5360 (facsimile)
APPROVED AS TO FORM:
~
Bremerton City Attorney
ATTEST:
PUBLIC WORKS AGREEMENT
(Between the City of Bremerton and Alpenglow Construction Services, Ine)
-32 -