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HomeMy WebLinkAbout4578 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4578 KCB INC Asbestos Remediation - 811/813/815 8th Street PW Admin SVC File Class LEG 12-1 $24100.00 10/12/2006 11/15/2006 02/15/2008 GL AL E&O $1000000.00 $ $ Insurance Total Insurance Review Date $2000000.00 04/01/2007 Vault 01/01/2008 '/ " , ~.~ PUBLIC WORKS AGREEMENT TIDS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and KCB, Inc. ("Contractor"), whose mailing address is P.O. Box 220, Seabeck, Washington 98380. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: See Attachment A, dated August 21,2006 for Scope and Specifications. 2. tIME OF COMPLETION. Contractor shall complete the work within ten (10) working 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 $24,100.00, including applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor fifty percent (50%) 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 less than $25,000, 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 fifty percent (50%) 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 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 & 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 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 PUBLIC WORKS AGREEMENT - Page 1 of 10 City of Bremerton and KCB, Inc. , -, 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 ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF 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 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. 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 authoritv of the City. - -J J G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. PUBLIC WORKS AGREEMENT - Page 2 of 10 City' of Bremerton and ...l(CB, Inc. (September J, 2006) 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," 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 by 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 \vritten statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. PUBLIC WORKS AGREEMENT - Page 3 of 10 CityofBiemeiton and IT(CB, Inc. (September 1, 2006) 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 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 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 othenvise, shall be conclusively deemed to have been \vaived by the Contractor unless a timely written claim is made in strict accordance with the applicable PUBLIC WORKS AGREEMENT - Page 4 of 10 City of Bremer ton and KCB, Inc. (September 1, 2006) 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. 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 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. 10. 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 ofInsurance evidencing: PUBLIC WORKS AGREEMENT - Page 5 of 10 City of Bremer ton and KCB, Inc. (September I. 2006) 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. C mmercial Gener it insurance written on an occurrence basis with its no less than ~OOO,OOO combined single limit per occurrence and $t,OOO,OOO aggregate tor personal injury, bodily injury and property damage. C~verage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCV) 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 oflnsurance. 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. 11. 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. PUBLIC WORKS AGREEMENT - Page 6 of 10 City of Bremerton and KCB, Inc. (September J, 2006) 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. 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. 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. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No \A/aiver, 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. PUBLIC WORKS AGREEMENT - Page 7 of 10 Ciiy of Bremerton and KeB, inc. (September 1, 2006) 1. 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 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. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACT~~SlI\.L b T~T: Print Name:t" ~ J?;2M"'" Title: /)1#1"- DATE /1>-)).- 4>.6 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: KCB, Inc. Asbestos Contractor P.O. Box 220 Seabeck, W A 98380 (360) 830-5022 (360) 830-5020 (facsimile) Dept. of Public Works & Utilities 3027 Olympus Drive Bremerton, W A 98310 (360) 473-5318 (360) 473-5018 (facsimile) PUBLIC WORKS AGREEMENT - Page 8 of 10 City" of B;eme;ton and KCB, Inc. (September 1,2006) . , APPROVED AS TO FORM: R\LEGAL \Contracts\FORMS\ShortFonn.PW.Agr.doc PlJBLIC WORKS AGREEMENT - Page 9 of 10 City of Bremer ton and KCB, Inc. (September 1, 2006) . K C B Inc , ........-:---;~,.\'"~ TEL:206-830-5020 Rug 22,06 9:35 No.OOl P.02 A TTACHMENT A e,"~ 'i3v.1 ;{; y/ -:-J<. f t!Jp.:; .11~, I' 7t<v / .;," //; ",-. ".,.\ : .K C B.INC ASBESTOS CONTRACTOR . PHONE # (360)830-6022 FAX ## (360)830"6020 P.O. BOX 220 8EABECK, WA. 98360 CONTRACT August 21;2006 CIty ofDremerton Public Works & Utllltlos 3027 Olympu5 Drive BremertOn. WA 98310 Attn; Dttn Millet, Project Manager RE: 81 I, 813, 81S 8tb Street, Bremerton Asbestos Remediation All work ",III be done by moons of state-of-the-art teohnology In the asbestos Industry. utilizing the lutest developmonts in tralnlng, equipment, products, and methods. Work practices are as per guidelinc& c&tabllshed by the U.S. EPA, NIOSH, NESHAP, OSHA and WISHA. Abatement will be performed by exporienced, trained and celtified technlclansls\lpervisor6. K C B. me is licensed, bonded and Insured as a Genetal Contractur and ll!I a Certified Ashestos Contractor in the State of Washington. Transponation of af;bestos as per POT regulatlons, and dj~posnJ nt an EP A-approved HazardoufI Substance land- fill. NOtifications made to Department of Labor & Industries Asbestos Division, the local air pollution control authority, andl or EnvIrollmental Protection Agency, liS required. Air sampling. when necessary Is i/lchlded. tho results will be ImIdo available to tho owners when received by the EPA-Ilpproved (NVLAPIPAT)lab. A coating ofpeneln1tlng encapsulant will be applied to aU areas where asbestos is removed. No re-lnstallatlons are Included. No other trades will be able to work on the premIses ouring the abatement activities. Power ( with access to electrical panel) Rnd wllter mu&t he supplied, as well as accoss and plU'king for abatement vehicles. Areas contaIning asbestos must be free of all fuml&hings/debrls. We propose to remove asbestos In the followlni locations: All the asbestos-containing materials (ACM) located and identified In the AHERA Building Inspection (not including the presumed materials not nctuully seen). 3 buildings (6 living units) T garllgo included in demo permit puget Sound Clean Air Agency permits for remediation Bnd demolition are included. Allow fur mandatory io day walt for friable materials an(,i demolition. Please allow I '11 wooks 10 complete on site portion of the work. This bid Include6 removal of allallbellto8 except what may be in the ground or In the Willis. ~_.. . , .-----...W.# .2-;(., /~tP. 40 (g!!:::::::. Total removal cost....................... ..............$ ~ I ..=-_ IV/< Payment ls due immediately upon completion of on-site 'work. Acknowledged Prcvliillng Wage. This price represents the conditions 8t tho tlmo of tho site visit, any dcviatinnll uncI' that time which might affect the work practices will result in additional costf;. Please contact our office immediately if any changes occur. .' ", .. r__.' ',' :~:',: :' .'~} ~ Projcot spcclt1catlons. There is a separate prep charge If the city does not wish to perfbnn this non-ilsbestos work: removing carpets, appJla.l1ces, cablnel8, base trim, water heatel1l, toile18, non-ACM flooring to accoss ACM flooring; cutting out the floor in Duplex lower unit to access crawl apace lagging, removing debris/furnlture/ele from the rooms that contain asbestos, Wld opening up walls in the duplex and yellow house (811 & 813) to search for unidentified ACM laggl[lg of $ 1 950.00.: Prep work.ounbegin immediately to avoId delay In finIshing this project Unit A of the duplex will be scalcif with a'penetrating enoapsulant to prevont mold contaminatIon during removal and dllTTw]hlon actlvllles. COB agrees to open ground trench to Investigate tile possibility ofunldentlfled wl'llpped heMlog HnOf; belween 81 land 813. .... ..~ubtl~;::.=:"~:.B;=~~;;:~:~8J;.:,~r ;;~~ . ".; ;1': ,",,;J.\:" ':r.~;~~' ::, ': . .:?:Jr'~,:<' .. . ", . \ 'r.. 1\ ", .....: :"~ c. ~,":,..) ,I ,':. 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