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HomeMy WebLinkAbout4770 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4770 PHC CONSTRUCTION LLC Fire Station #3 Roof Replacement Facilities LEG 12-1 10/30/2008 01/31/2009 02/15/2011 01/01/2011 Change Order #1-1/09 ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Fire Station #3 - Composition Roof Replacement City Project #49025 - City Contract #4770 PRC Construction, LLC hereby indicates agreement with, and acceptance of, the final Contract Payment of $1,477.48 the total Contract Price of $32,090.95 including Washington State sales and/or use taxes, and the final Contract Time of 60 Days as full and final compensation for all Work performed in connection with Contract Number 4770 and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract. By: PRC Con truction, LLC ~ ~-? ~~,//--- M~~i~ ./ Date: t '7 ~ :J 1.Ic~ Uv3dZ{ 2ot;?) Title: Certificate of N otarv Subscribed and sworn to before me this 1 &7' day of J lXtl~,t.."(l\" 'Z 0" CJ ,\,\'"11',,/ ...", C\.A YTO{",~ !tt'" ~ CO ... ....... (' ~ +v ...~\$SIO^' t'.;;. ~~ ~~ ...o~ ~. .'O~ ~"'S:CJ ~--. : i NOTARY i -:c = : _A \ PUBLIC i : ~ "''>' ...' ..- ~ ~ ~_., '.0'" , ,/'. ....!.16.20';... "" .:- ~ ~ ..............0 '" "" Or: WAS~\\~\\\' 1111'"",\\\\ .,. ...' .. .i,. AFFlDA VIT OF PUBLICATION Account # 42742 Ad # 243680 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 date, to wit: January 19,2009 and that such newspaper was regular~y distrib,jted to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the su}~ of $31.86. The amount has not been paid in full. , j/) \ V ~ -A/VAAftV{ . 0 (Signature of Principal Clerk) Subscribed aIidsworn to before me this day of January 26, 2009. b Notary Public in and for the State of Washington, Kitsap County. CITY OF BREMERTON NOTICE OF FINAL COMPLETION ~ ,~~,!,;,,,;, ~ ~ 4"", d,,;,.~, _ _ ' - _'. :~~j:~i:~'~~:-i:~ . c ' /~\'; /j ,. 0,_, i'., /-' ~. o ,t~. ~'c ~~~:.,-)~; /-. "'~ ~.~ @ Y!l- ,-- Co' - _ " C)' h i.l~1,<<:~~" ~,';',,;.~:~'~.c.~J \tJ:'\\.. '- II: \1\/ :.~, ~',\;.~.s~ . /~:j '-J,-:;~~~;~~:~~~;s:;~~' Notice offinal completion has been filed with the City of Bremerton on Thursday, January 15,2009 by PRC Construction LLC, Bainbridge Island, Washington for Contract - Fire Station #3 - Composition Roof Replacement, located at 3031 Olympus Drive, Bremerton, Washington. Any parties having a Claim for materials, labor or damages with reference to this contract have forty-five (45) days from date of publication of this notice to file a claim. January 19, 2009.......................AD #20082079 " STATE OF WASHINGTON DEPARTMENT OF REVENUE February 4, 2009 City ofBremerton Public Works Attn: Chris Mottner 100 Oyster Bay Ave N Bremerton WA 98312 RE: PHC Construction LLC - 602 775 474 4770, Fire Station #3 - Composition Roof Replace Recently we received a Notice of Completion of Public Works Contract from you for the above contractor. I am sending this letter to let you know that RCW 60.28.050 and 60.28.051 (copy enclosed), require tax clearance for contracts that are thirty five thousand dollars and greater. This contract does not fall within that category. A release certificate will not be issued. Please call if you have questions about this matter. Public Works Contract Unit Audit Division (360) 725-7588 Encl Under35K RCW Notice of Completion Audit Division. ARnE Public Warks Section 6500LindersonWaySW StelOl.POBox47474.0Iympia WA 98504-7474 o --- Employment Security Department ~ _WA;;HINGTON STATE CONTRACTOR: PHC CONSTRUCTION LLC ) CERTIFICATE OF . ) PAYMENT OF CONTRIBUTIONS ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference No. 395083-004 TO: CITY OF BREMERTON PUBLIC WORKS - CHRIS MOTTNER 100 OYSTER BAY AVE N BREMEROTN, WA 98312 The Employment Sec.urityDepartment hereby certifies t~~se cont':.i"bution~, penaltie~and interest due ,. from tfie above named contracfor' undedhe Employment Security Act have been paid in full or provided for with respect to the following public works contract: FIRE STATION #3 COMPOSITION ROOF REPLACE 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 May 26, 2009. COMMISSIONER OYMENT SECURITY DEPARTM ~ Original-Disbursing Officer Duplicate-Employer Triplicate-Central Office Files EMS 8449 760 R3-98 V erify Workers' Comp Premium Status - Employer Liability Certificate Washington State Department of Labor and lndustries Page 1 of 1 Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 06/09/2009 UBI #: 602775474 Legal Business Name: PHC CONSTRUCTION LLC Account #: 148,751-00 . 'Doing Business As' Name: PHC CONSTRUCTION LLC Estimated Workers Reported: Quarter 1 of Year 2009 "7 to 1 0 Workers" . (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: PHCCOCL920C5 Expire Date: 2/25/2010 Account Representative: TW 1 COLLEEN NELSON (360)902-4715 - Emai1: NELS235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information 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, limitations of coverage or waiver of subrogation (See R.cW 5L12.!1.5Jl and 5LJ.6-,12Q). https:llfortress.wa.gov/lni/crpsi/ AcctInfoPrint.aspx? AccountId= 148751 OO&AccountManager=TW +%2f+C... 6/9/2009 t AFFIDAVIT OF PUBLICATION Account # 42742 Ad # 243680 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wesse]s, 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 date, to wit: January 19,2009 and that such newspaper was regularly distributed to its subscribers during all.of said period. That the full amount of the fee charged for the foregoing publication is the sum of $31.86. The amount has not been paid in full. t - ~/) "\ /(C4<<o/{~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of Januar~y 26, 2009. ~ ~~ ~:" -',-4,.\ -:~~~~~~~>:f~ \ , ~. rt; '~1.'\.J; ,,~. .. S' ~s.'A" ~I\ / ~ 0(~,' ^ 'iJ. Notary Public in and for the State of Washington, Kitsap Co~ntY~ ---- ----,~ ~?r "1"/\.',:. _9:p'j'~\ ((I),'" ) ~--\\ ) 0 ,....... .;. < Y\rO ,~,,,jtJ";'^, ,f';....... / CITY OF BREMERTON \1):.~:1' ',J. '., . <3jj NOnCE OF FINAL COMPLETTON ''!l(~~~~~~~ Notice of final completion has been filed with the City of Bremerton on Thursday, January 15,2009 by PRC Construction LLC, Bainbridge Island, Washington for Contract - Fire Station #3 - Composition Roof Replacement, located at 3031 Olympus Drive, Bremerton, Washington. Any parties having a claim for materials, labor or damages with reference to this contract have forty-five (45) days from date of publication of this notice to file a claim. January 19, 2009.......................AD #20082079 CITY OF BREMERTON CHANGE ORDER o CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: Fire Station #3 - Composition Roof Replacement PROJECT NO: 4770 CONTRACTOR: PHC Construction, LLC ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: $30,299.40 DAYS: 0.00 DAYS: 60 o THIS CHANGE: $1,649.68 DAYS: $31,949.08 DAYS: o REVISED CONTRACT AMOUNT: 60 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) o .,.... I'- I'- .,.... .,.... Q) Q) "S "S a:: a:: X Addition: Cop #1; Replace 1 each water damaged plywood with $385.18 0 0 new and provide 1 each exhaust vent outlet. X Addition: Cop #2; Provide 1 coat of latex paint to unfinished $1,264.50 0 0 area behind gutters NET CHANGE IN CONTRACT AMOUNT $1,649.68 0 0 INCREASE OR (DECREASE) 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. CONTRACT CHANGE ORDER NO: 01 PROJECT NAME: Fire Station #3 - Composition Roof Replacement 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. 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 Br~merton. 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. RECOMMENDED: ~~/ PR ECT ENGIN ER RECOMMENDED:~~~~ CITY ENGINEER I DIRECTOR OF PUBLIC WORKS /2 r J / .(/f( Date ( Z- -IS - ZtJOJ>' Date APPROVED: tb . \ \, D~ Date ACCEPTED: MAYOR / ~/O if / Date ATTEST: ata?~~) City CI k Page 2 of2 Change Order Proposal Summary Sheet contractor: PHC Construction llC 682 state Highway 305 Bainbridge Island, WA 98110 Project: Fire Station 3 - Roof Replacement 3031 Olympus Drive Bremerton, WA 98310 Contract No. Date: COP No.: 12/04108 1 Description of Change: Replace 1/each water damaged plywood with new and provide 1/each exhaust vent outlet Prime Contractor COP Worksheet a. Labor Costs Craft HaulS (hrs for each tasks for each craft) Wages and Benefits Rate state of WA Indust. Insur. FICA FUTA Employment Secur1ty Direct Labor Rate (DLR) Supervision ( 15% max DLR) WISHA (Max 2% of DLR) Per Diem (See Prevo Wages) Total Labor Material Costs (priced bill of materials and/or quotes from b. suppliers) 7.65% 0.80% 5.40% 15.00% 2.00% 0.00% 5Bfm 38.38 2.73 2,94 0.31 2.07 46.43 6.96 0.93 0.00 54.32 Total Material Costs Plywood 1 leach 411 vent 1/each c. Eauloment Costs (list each item and its rental or blUing ratej attach bills or quotes) Truck other Total Equipment Costs Small Tools & Expendables (max 3% of Direct Labor Costs) Subtotal Contractor Work Subcontractors (same data for each sub as Indicated on this fonn) d. 8. 3.00% 0.03 Amount Pf;,~f) 191.90 13.65 14.68 1.54 10.36 232.13 34.82 4.64 0.00 271.60 271.60 14.00 8.12 22.12 0.00 0.00 6.96 300.68 Total Subcontractors I ~ ContrllCt Award Under $3M 0.00 f. Overhead TRUE On Contractor's Own Worlr First $50,000 16% 300.6838 48.11 Remaining 4% 0 0.00 Total O'head on Contractor Work. 48.11 On Worlr Performed by Sub First $50,000 6%' 0 0.00 Remaining 4% 0 0.00 Total O'head on Sub Work 0.00 total Overhead 48.11 g. profit On Contractor's Own Work 6% 300.68 18.04 On Work Performed by Sub 4% 0 0.00 Total Profit 18.04 Subtotal items a.g above 388.83 h. Insurance and Bond Change Liability Insurance @ 2.00% of sum a.g 7.34 Change Public Works Sond @ 3.00% of sum a-9 11.01 Total Insurance and Bond 18.34 Total Change Order I' 386.18 I Change Order Proposal Summary Sheet Contractor: PHC Construction llC 682 State Highway 305 Bainbl1dge Island, WA 98110 Date: 12I04I08 Project: Fire Station 3 - Roof Replacement 3031 Olympus Drive Bremerton. WA 98310 COP No.: 2 Contract No. Description of Change: Provide 1/coat latex paint @ un..flShed area behind old gutters Please note this change is based on using Public Works snorkel 11ft. Prime Contractor COP Worksheet a. Labor Costs CRftHouQ (hts for each task, for each craft) 17 Rate Amount Descriotion Wages and Benefits Rate 38.38 652.48 State of WA Indust. Insuf. 2.73 46.41 FICA 7.65% 2.94 49.91 FUTA 0.80% 0.31 5.22 Employment Security 5.40% 2.07 35.23 Direct Labor Rate (DLR) 46.43 789.24 Supervision ( 15% max DLR.) 15.00% 6.96 118.39 WISHA (Max 2% of DLR) 2.00% 0.93 15.78 Pef Diem (See Prevo Wages) 0.00% 0.00 0.00 Total Labor 54.32 923.44 923.44 Matertal Costs (priced bill of materials and/or quotes from b. suppliers) paint 2 gallons 40.00 Total Material Costs 40.00 EauiDment Costs (list each item and it's rental or billing c. rate; attach bills or quotes) Truck other 0.00 Total Equipment Costs 0.00 d. Small Tools & Expendables 3.00% 0.03 23.68 (max 3% of Direct Labor Costs) Subtotal Contractor Work 987.12 Subcontractors (same data for each sub as indicated on this e. fonn) Total Subcontractors 10 COntJact Award UI1der $3M 0.00 f. Overhead TRUE On Contlactor's Own Wode First $50,000 16% 987.1171 157.94 Remaining 4% 0 0.00 Total O'head on Contractor Work 157.94 On Work Perfonned by Sub First $50,000 6% 0 0.00 Remaining 4% 0 0.00 Total O'head on Sub Work 0.00 Total Overhead 157.94 g. Profit On Contractor"s Own Work 6% 987.12 59.23 On Work Pedonned by Sub 4% 0 0.00 Total ProfIt 69.23 Subtotal items a-g above 1204.28 h. Insurance and Bond Change liability Insurance @ 2.00% of sum 8Mg 24.09 Change Public Works Bond @ 3.00% of sum a-g 36.13 Total Insurance and Bond 60.21 Total Change Order I $ 1,264.50 I Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4770 PHC CONSTRUCTION LLC Fire Station #3 Roof Replacement Facilities LEG 12-1 10/30/2008 01/31/2009 01/01/2009 PUBLIC WORKS AGREEMENT (Page 1 of 8) THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and PHC Construction, LLC. ("Contractor"), whose mailing address is 682 State Highway 305, Bainbridge Island, WA. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Work of this contract includes: Tear-off and disposal of one (1) layer of existing composition roofing and underlayment paper, repair or replacement of damaged sheathing of roof deck if required, and removal of all gutters and downspouts. Re-flashing of all penetrations, edges, transitions and re-venting must be completed to current code. . UNDERLAYMENT: Prior to installation a minimum 30 Ib felt and resin paper is required over all wood surfaces. The underlayment should be lapped with all flashings in a shingle like manner. . ROOFING: Installation, per manufacturer's instructions, requirements and recommendations, asphalt type shingles, laminated with a minimum 30 year warranty. Approximately 8,500 square feet of roofing surface; approximately 85 squares. . GUTTERS: Removal and installation of new quality commercial grade, galvanized steel or aluminum, formed continuous sections, as possible, prefinished standard color per approved color submittal. . DOWNSPOUTS: Removal and installation of new quality commercial grade, aluminum downspout piping and fittings, as required, fastened and connected to existing roof drain lines. All installations shall be complete including performing such incidental or other work as may be necessitated by these operations. See technical specifications for additional information. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 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 $27,9000.00, 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. PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) - I - (Page 2 of 8) 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 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," 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. PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) -2- (Page 3 of 8) 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: 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 circumstan~es 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. PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) -3- (Page 4 of 8) 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 ChanQes. 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 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. PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) -4- (Page 5 of 8) 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 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 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; PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) - 5- (Page 6 of 8) products/completed operations/broad form property damage; explosio~ ,& eollo~.e ona "Raef!jFO"R8 (XCU) if .ppli..bl&; .nd 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. c!J 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 sep8r8tely 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 eertified ffisil, return receipt rCElucstod, 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. 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. PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) - 6- ~ ~ (Page 7 of 8) 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. Governinq 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. Assiqnment. 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 Aqreement. 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 PHC Construction, LLC.) - 7- . . (Page 8 of 8) ~/6f/etZ.1~rrI e: (' -4Y'!f f3() Z; h7/7 Y) ::~E ~~~ Title: IrfH~ ~A"'4Hf!./? DATE 111/1~ /~ Notices to be sent to: Notices to be sent to: CONTRACTOR: CU1;('TiN J,y"ICJI P""'J~ JI'I.If-,.,4trI!t? FUl UJ~/N / j.,U- tfJz, ~T4'fE #/It/WAl' ;()~ ~~ /Jllf,.JlJ/WA qfJ!f~ (20/,) 7#?P'" ~ Lf,{Jb) 1~(J - ltflbl ~4'X CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works and Utilities 100 Oyster Bav Ave N Bremerton. WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: ~ :- -~ :: Bremerton City Attorney ATTEST: tJt,~d BtyM] Bremerton City Clerk PUBLIC WORKS AGREEMENT (Between the City of Bremerton and PHC Construction, LLC.) - 8 -