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HomeMy WebLinkAbout5099 Contract Number 5099 Vendor WESTMARK CONSTRUCTION, INC. Subject Biosolids Storage Relocation -- Roof Const. Department. Forestry File Class LEG 12 -1 Begin Date. 11/28/2011 End Date 2/29/2012 Review Date Vault Date: 2014 Comments Complete 75 days after NTP, Contract Closed 5/8/12 NOC 2/28/12 AFFIDAVIT OF PUBLICATION Account #42742 AD #280618 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herem 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 tune, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on February 23, 2012 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $39 00 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 28, 2012 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Was My Commission Expire' February 04, 2-014 NOTICE OF COMPLETION Notice of Completion has been issued to Westmark Construction, Inc , Capital Project 5342 (WCI Job #11- 0095), for the Biosohds Storage Relocation - Roof Construction, at Biosohds Application Site #1 Any parties having a claim for material, labor or damages related to this Contract have forty five (45) days from the date of first publication of this notice to file a claim Shannon Corm Interim City Clerk 345 6th Street, Suite 600 Bremerton, Washington 98337 February 23, 2012 AD #20122424 Washington State Department of Revenue 6 �` enu PO Box 47474 Olympia, WA 98504 -7474 600 040 824 Certificate of Payment of State Excise Taxes by Public Works Contractor WESTMARK CONSTRUCTION INC CITY OF BREMERTON PUBLIC WORKS & UTIL 6102 N 9TH ST STE 400 BILL MCKINNEY TACOMA WA 98406 2097 100 OYSTER BAY AVE N BREMERTON WA 98312 We hereby certify that taxes, increases and penalties due or to become due from the above -named contractor under Chapter 180, Laws of 1935, as amended, with respect to the following public works contract CITY OF BREMERTON PUBLIC WORKS & UTIL 5342, BIOSOLIDS STORAGE RELOCAT - ROOF CONSTR together with all other taxes, increases and penalties due from such contractor, have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the state's lien on the retained percentage This certificate is issued pursuant to the provision of Chapter 60 28 Revised Code of Washington for the sole purpose of informing the state, county, or municipal officer charged with the duty of disbursing or authorizing the payment of public funds to said contractor that the Department of Revenue hereby releases the state's lien on the retained percentage provided by this Chapter for excise taxes due from said contractor. This certificate does not release said contractor from liability for additional tax that may be later determined to be due with respect to the above - mentioned contract or other activities Dated AYM -2- V at Olympia, Washington, State of Washington Department of Revenue d A. Certlfyl fficer For tax assistance, visit dor wa gov or call 1- 800 - 647 -7706 To inquire 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 310028 (10- 01 -02) STATf o � Y STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES CITY OF BREMERTON PUBLIC WORKS & UTIL ATTN: BILL MCKINNEY, PROJECT MANAGER ENGINEERING DIVISION 100 OYSTER BAY AVE N BREMERTON WA 98312 Certificate of Release of the State's Lien on Public Works Contracts With this letter, the Washington State Department of Labor & Industries approves of your release or payment of the contract amount retained from the following contractor - -- WESTMARK CONSTRUCTION INC 333,439 -00 600 040 824 6102 N 9TH STREET STE 400 TACOMA WA 98406 -2097 - -- related to the following public works contract: BIOSOLIDS STORAGE RELOCATION -ROOF CONSTRUCTION 5342 This approval is for workers' compensation insurance premiums only. L &I's prevailing wage section separately requires all contractors on the project file an affidavit of wages paid. These affidavits must be approved before retainage can be released. In our opinion, all workers' compensation insurance premiums, increases, and penalties due to L &I from this contractor have been paid in full or are readily collectible without recourse to the state's lien on the retained percentage. ** This letter's sole purpose is to communicate our release of the state's lien to the public official responsible for paying or authorizing the- - payment of public funds to the contractor named above. If we later determine that the contractor owes additional premiums related to the above - mentioned contract or other activities, the contractor is still liable for payment. Dated June 6, 2012 at Olympia, Washington. Co ram' 9R lie }� alist JOLENE SKINNER 360 - 902 -4859 or SKIK235@LNI.WA.GOV ** Title 51 RCW authorizes L &I to collect workers' compensation insurance premiums, increases, and penalties. Chapter 60.28 RCW establishes L &I's priority regarding this lien. Chapter 39.12 RCW addresses L &I's requirement for affidavits of wages paid. . Employment Seculrity Department #1F WASHINGTON STATE P O Box 9046 Olympia, WA 98507 -9046 1 Fax 360 - 902 -9287 CERTIFICATE OF CITY OF BREMERTON PUBLIC WORKS & ) PAYMENT OF CONTRIBUTIONS UTILITIES ) PENALTIES AND INTEREST ON Attn BILL MCKINNEY ) PUBLIC WORKS CONTRACT 100 OYSTER BAY AVE N ES Reference # 36892700 4 BREMERTON, WA 98312 UBI No 600040824 CONTRACTOR WESTMARK CONSTRUCTION 6102 N 9TH ST SUITE 400 TACOMA, WA 98406 -2097 The Employment Security Department hereby certifies those contributions, penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract Description BIOSOLIDS STORAGE RELOCATION - ROOF CONSTRUCTION Contract number 5342 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 8, 2012 EMPLOYMENT SECURITY DEPARTMENT By Robyn R Wells Authorized Representative Original - Disbursing Officer Duplicate - Employer Triplicate - Central Office Files Contract Number: 5099 Vendor: Westmark Construction, Inc. Subject: Biosolids Storage Relocation -- Roof Const. Department: Forestry File Class: LEG 12 -1 Begin Date: 11/28/2011 End Date: 2/29/2012 Review Date: Vault Date: 2014 Comments: Complete 75 days after NTP NOC 2/28/12 AFFIDAVIT OF PUBLICATION Account #42742 AD #280618 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herem 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on February 23, 2012 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $39 00 This amount has not been paid in full 6 I %"b (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 28, 2012 CASSANDRA A CAPAS Notary Public in and for the State of Washington, Kitsap County Notary Public State of Washington res My Commission Expires February 04, 2014 NOTICE OF COMPLETION Notice of Completion has been issued to Westmark Construction, Inc , Capital Project 5342 (WCI Job #11- 0095), for the Biosolids Storage Relocation -Roof Construction, at Biosolids Application Site #1 Any parties having a claim for material, labor or damages related to this Contract have forty five (45) days from the date of first publication of this notice to file a claim Shannon Corm Interim City Clerk 345 6th Street, Suite 600 Bremerton, Washington 98337 February 23, 2012 AD #20122424 Contract Dlumber: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5099 Westmark Construction, Inc. Biosolids Storage Relocation -- Roof Const. Forestry LEG 12-1 11/28/2011 2/29/2012 2/29/2014 Complete 75 days after NTP � �,. `� �� PUBLIC WORKS AGREEMENT Biosolids Storage Relocation — Roof Construction (Capital Project 5342) THIS AGREEMENT, is entered mto between the Crty of Bremerton, a Washington Mumcipal Corporation ("City"), and Westmark Construction, Inc ("Contractor"), whose mailmg address is 6102 North 9 Street, Surte 400, Tacoma, WA 98406 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the followmg services for the Crty For two Biosolids Storage Facilrties, hereby referred to as "Facilrty #1" and "Facilrty #2", the followmg work is to be completed • Procure matenals and provide all labor and equipment to construct two (2) roof structures per approved plans and calculations dated June 26, 2011, attached to, and made part of this agreement • Pnonties for construction and completion shall be 1) Facility #1, 2) Facility #2 • Buildmg permrts have been obtamed from the City of Bremerton The Contractor shall be responsible for scheduling mspechons by the Crty of Bremerton Department of Commumty Development 2. TIME OF COMPLETION. Contractor shall complete the work withm forty-five (45) calendar days for Facility #1 and seventy-five (75) calendar days for Facility #2, from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $73,829 00, plus any applicable Washington State Sales Tax, for the work and services contemplated m this agreement The Contractar shall invoice the Crty monthly The Crty will pay for the portion of the work descnbed m the mvoice that has been completed by the Contractor and � approved by the Crty The City payment shall not constitute a warver of the Crty's nght to final inspection and acceptance of the pro�ect 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 Industnes and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retama�e The Crty shall hold back a retainage m 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 Publtc Works AgreemendB�osoltds Storage Relocation 1 11/3/2011 Roof Constructton , -, C Defective or Unauthorized Work The City reserves its nght to witfihold � payment from Contractor for any defective or unauthonzed work Defective or unauthorized work includes, without limitation work and matenals that do not conform to the requirements of this agreement, and extra work and matenals furnished wrthout the City's written approval If Contractor is unable, for any reason, to satisfactonly complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the Crty for any addrtional costs incurred by the Crty "Addrtional costs" shall mean all reasonable costs, mcludmg legal costs and attorney fees, incurred by the Crty beyond the maximum Contract pnce specified above The Crty further reserves rts right to deduct the cost to complete the Contract work, mcludmg any Additional Costs, from any and all amounts due or to become due the Contractor D Final Pavment 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 CONTRACTOIt. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the Crty The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial msurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors The Contractor shall also secure all applicable busmess 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 Crty may termmate this agreement wrthout nohce for good cause "Good cause" shall mclude, without limitation, any one or more of the following events A The Contractor's failure to supply sufficient skilled workers or suitable matenals or equipment B The Contractor's failure to prosecute the work with such diligence as will ensure rts physical completion wrthm the original physical completion time specified m 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 matenal or labor D The Contractor's disregard of federal, state or local laws, rules or regulations E The Contractor's tiling for bankruptcy or becoming ad�udged 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 re�ected work Public Works AgreemendBiosolids Storage Relocat�on 2 1 I/3/2011 Roof Construction �� , � H The Contractor's failure to provide contmuous competent supervision I The Contractor otherwise violates in any material way any provisions or requirements of the contract If the City termmates this agreement for good cause, the Contractor shall not receive any momes due under this agreement, if any, until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailmg Wages," with the State of Washington Department of Labor & Industries pnor to commencmg the Contract work Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washmgton, as well as any other applicable prevailing wage rate provisions The latest prevailmg wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The Crty may issue a written or oral work change directive for any change m the Contract work during the performance of tlus agreement If the Contractor determmes, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's pro�ect manager withm two (2) busmess days of the date the Contractor knew or should have known of the facts and events giving nse to the requested change If the Crty determines that the change mcreases or decreases the Contractor's costs or time for performance, the City will make an equitable ad�ustment The Crty will attempt, in good faith, to reach agreement with the Contractor on all equitable ad�ustments However, if the parties are unable to agree, the City will determme the equitable ad�ustment as it deems appropriate The Contractor shall proceed with the change order work upon receivmg either a wntten or oral work change directive from the City or a change order from the City If the Contractor fails to require a change order wrthin the time allowed, the Contractor warves rts right to make any claim or submrt subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable ad�ustment the Contractor must complete the change order work, however, the Contractor may elect to protest the ad�ustment as provided below A Procedure and Protest bv the Contractor If the Contractor disagrees with anythmg required by a wntten work change directive, oral work change directive or change order, mcludmg any direction, mstruction, mterpretation, or determmation by the Crty, the Contractor shall Give a signed wntten notice of protest to the City withm one busmess day, 2 Supplement the written protest within five (5) calendar days with a written statement that provides the followmg mformation a The date of the Contract's protest b The nature and circumstances that caused the protest c The provisions m 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 showmg the schedule change or disruption if the Contractar is asserting a schedule change or disruption Publ�c Works Agreement/B�osolids Storage Relocation 3 1 l/3/2011 Roof Construct�on .` 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 evaluatmg the protest 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 ad�ust payment for work or time by an equitable ad�ustment No ad�ustment will be made for an mvalid 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 Changes The Contractor accepts all requirements of a change order by (1) endorsmg it, (2) wntmg a separate acceptance, or (3) not protestmg m the way this section provides A change order that is accepted by Contractor as provided m this section shall constitute full payment and final settlement of all claims for contract time and for direct, mdirect and consequenhal costs, mcludmg costs of delays related to any work, either covered or affected by the change D Failure to Protest Constrtutes Warver By not protesting as this sechon provides, the Contractor also waives any additional entitlement and accepts from the City any wntten or oral order (mcludmg directions, mstructions, mterpretations, and determmation) E Failure to Follow Procedures Constrtutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the Crty any wntten or oral order (mcluding directions, mstructions, interpretations, and determination) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders wrthm 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 stnct accordance with the applicable provisions of this agreement, or, if (and only i� no such provision is applicable, unless that claim is set forth m detail in writmg and received by the Crty wrthm seven (7) calendar days from the date Contractor knew, or should have known, of the facts givmg rise to the claim. At a mmimum, a Contractor's written claim must include the information set forth regardmg protests in Section 7A2a-e FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING 1N ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event, file any claim or bnng any suit arising from or connected wrth this agreement wrthm 120 calendar days from the date the contract work is complete Public Works AgreemendB�osol�ds Storage Relocat�on 4 I 1/3/201 1 Roof Construct�on .- , f ' 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials withm 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 begm to correct any defects withm seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections withm a reasonable time, the City may complete the corrections and the Contractor shall pay all costs mcurred by the Crty m order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, mdemmfy and hold the Crty, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits mcludmg all legal costs and attorney fees, ansing out of or m connection with the performance of this agreement, except for in�uries and damages solely caused by the City's negligence The City's mspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of mdemnification Should a court of competent �unsdiction determine that this agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages ansing out of bodily in�ury to persons or damages to property caused by or resultmg 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 1NDUSTRIAL 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 termmation of this agreement 11. INSURANCE. The Contractor shall procure and mamtain for the duration of this agreement, msurance against claims for inJunes to persons or damage to property that may anse from or m connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before begmnmg the work on the pro�ect descnbed m this agreement, the Contractor shall provide a Certificate of Insurance evidencmg A Automobile Liability msurance wrth limits no less than $1,000,000 combined smgle limit per accident for bodily inJury and property damage, and B Commercial General Liability insurance written on an occurrence basis with limrts no less than $2,000,000 combined single limrt per occurrence and $2,000,000 aggregate for personal m�ury, bodily m�ury 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 Public Works Agreement/B�osol�ds Storage Relocahon 5 11/3/2011 Roof Construct�on - s , Any payment of deductible or self insured retention shall be the sole responsibility of the �` Contractor The City reserves the nght 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 msured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement nammg the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contam a clause statmg that coverage shall apply separately to each msured agamst whom claim is made or suit is brought, except with respects to the limrts of the msurer's liabilrty The Contractor's insurance shall be pnmary msurance 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 m coverage If this contract requires work to be performed m or on navigable waters, the Contractor shall provide msurance wrrtten on an occurrence basis wrth limrts no less than $2,000,000 combmed 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 Nondiscnmmation In the hinng of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person actmg on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national ongin, or the presence of any sensory, mental, physical disability, or sexual onentation discriminate agamst any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and nghts contamed herein, or to exercise any option herem conferred m one or more instances, shall not be constructed to be a waiver or relmquishment of those terms and rights and they shall remain m full force and effect Public Works Agreement/Biosohds Storage Relocat�on 6 1 1/3/201 1 Roof Construct�on 1 + l ' E Governm� This agreement shall be governed and construed in accordance with the laws of the State of Washmgton If any dispute anses between the Crty and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the �unsdiction, venue and rules of the Kitsap County Supenor Court, Kitsap County, Washmgton F Attorne� s Fees To the extent not inconsistent with RCW 39 04 240, m any claim or lawsuit for damages ansmg from the parties' performance of this agreement, each party shall be responsible for payment of rts own legal costs and attorney's fees mcurred in defending or brmgmg such claim or lawsuit, however, nothmg m this subsechon shall limit the City's nght to mdemmfication under Section 10 of this agreement G Written Notice All commumcations 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 mailmg 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 wrthout the written consent of the City shall be void Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be bmding unless in writmg and signed by a duly authorized representative of the Crty and Contractor J Severability If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or mvalid, that decision shall not affect the validity of the remainmg portion of tlus agreement and the remainder shall remam in full force and effect K Entire A�reement 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 altenng m any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language m any Exhibrt to this agreement conflict with any language contamed m this agreement, the terms of this agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this agreement THE CITY OF BREMERTON Publ�c Works Agreement/Biosol�ds Storage Relocat�on 7 Roof Construct�on � Print N e Patt,y Lent Title Ma or DATE � �g �/ 11 /3/20l 1 DATE 1/ ��/l� ��� Notices to be sent to: CONTRACTOR Bernd Dreyer Pro�ect Manager Westmark, Construction, Inc 6102 North 9 Street, Siute 400 Tacoma, WA 98406 (253)564-4620 Public Works Agreement/B�osolids Storage Relocatton 8 Roof Construct�on Notices to be sent to: CITY OF BREMERTON Bill McKinney Forestry/Natural Resources Manager Bremerton Public Works & Utilrties 100 Oyster Bay Ave N Bremerton, WA 98312 (360) 473-5354 APPR VED AS TO FORM e n City Attorney EST , Bremerton City erk 11 /3/2011 , � ACORU� DATE (MMIDD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 11���2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed if SUBROGATION IS WAIVED, sub�ect to the terms and conditions of the pol�cy, certain polic�es may require an endorsement A statement on this cerGficate does not confer nghts to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT L V8I3 V@EII Hentschell & Associates, Inc One Pacific Building 621 Pacific Ave , Suite 400 Tacoma WA 98402 INSURED Westmark Construction Inc 6102 N 9th St, Suite 400 Tacoma WA 98406 � (253)272-1151 loriev@hentschell com lER(S) AFFORDING COVERAGE Nata.onal Insurance Co a D (253)272-1225 NAIC # COVERAGES CERTIFICATE NUMBER 11/12 �L, AUTO, Ut� $SM REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POIICY EXP L7R yyyD POLICY NUMBER MNI/DD MM/DD LIMITS GENERAL LIABILITY 11C PS 31872 03/23/2011 3/23/2012 EqCH OCCURRENCE $ 1, OOO, OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S 100 � 000 A CLAIMS-MADE � OCCUR X MED EXP (Any one pereon) $ 5, 000 PERSONAL & ADV INJURY $ 1� OOO � OOO GENERAL AGGREGATE $ Z� 000 � 000 GEN L AGGREGATE LIMIT APPLIES PER PROOUCTS - COMP/OP AGG $ Z� OOO � OOO POLICY X E � LOC $ AUTOMOBILE LIABILITY 11C PS 31872 03/23/2011 03/23/2012 COMBINED SINGLE LIMIT $ 1� OOO � OOO X ANY AUTO (Ea accadent) A ALL OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Peracatlent) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Peraccident) NON-0WNED AUTOS $ $ A )( UMBRELLA LIAB X OCCUR 11C LU 31872 3/23/2011 03/23/2012 �CH OCCURRENCE $ 1� ��� � �0� EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1� OOO � OOO DEDUCTIBLE $ X RETENTION $ lO OOO g A WORKERS COMPENSATION 11C PS 31872 03/23/2011 03/23/2012 Y WC STATU- OTH AND EMPLOYERS LIABILITY Y � N ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1 OOO OOO OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH� E L DISEASE - EA EMPLOYE $ 1 000 000 If yes descnbe under DESCRIPTION OF OPERATIONS below T�P �P E L DISEASE - POLICY LIMIT $ 1 000 OOO DESCW PTION OF OPERATIONS I LOCATIONS / VEHIC�ES (Altach ACORD 101, Additional Remarks Schedule, i( more space is requlred) RE BI030LID3 3TORAGE RELOC,ATION - ROOE CONSTRUCTION ADDITIONAL IN3UREDS ARE INCLUDED A3 REQUIRED BY WRITTEN CONTRACT OR AGREEMENT THIS IN3URANCE IS PRIMARY PER FORM ATTACHED PER ANIC GL1061 (03/08) CK_V [y � � At1 CITY OF BREMERTON 345 6TH STREET #600 SREMERTON, WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE J � � I Tom Duren/LAV ���� � _ _ __ _ ACORD 25 (2009/09) O 1988-2009 ACORD CORPORATION All rights reserved INS025 �2oosos� The ACORD name and logo are registered marks of ACORD .� ttr' ��� ,:�� � �x � `, ��`lt ` � s �� t f 1 U ADDITIONAL INSURED (CONTRACTORS} - AUTOMA7IC Si'ATUS WHEN REQUIRED IN COfVSTRUCT10tV AGREEMENT W1TH YOU TliiS ENDORSEMERlT CHAPIGES THE POLfCY. PLEASE READ fT CAREFULLY Th�s endorsement mod�fies insurance provided under the followmg COMMERCIAL GENERAL LIABILITY COVERAGE PART Who Is An lnsured (Sectron II) is amended to include as an insured any person or organization (herein �eferred #o as an additionai msured}, but only if you are required to add that person or organization as an insured fo this pol�cy by a written contract that �s m effect pnar to the "bodily Enjury", "property damage", or "personai and advertising inJury" 2 The �nsurance prov�ded to the add�Uonal insured �s hmited as foilows a That person or organization is only an additional ►nsured if, and only to the extent that, the ►n�ury or damage is caused by negiigent acts or omiss�ons of you or your subcontractor in the performance of "your work" to wh�ch the wntten contract applies The person or organ�zation does not qualify as an additional insured w�th respect to mjury or damage causad �n whole or in part by independent negligent acts or omissions of such person or organ�zation The insurance prov�ded to the addit�onal insured does not apply to "boddy �n�ury", "property damage", or "persona! and advert�s�ng in�ury" arising out of an architect's, engmeer's, or surveyor's rendering of or failure to render any professional seroices including � the prepar�ng, approving, or failing to prepare or apprave maps, drawings, op�nions, reports, surveys, change orders, design or specifications, and u superv�sory, �nspection, or engineer�ng services The insurance provided to the addit�onai insured, referred to m paragraph 1 of this endorsement, does not cover "bodily miury" or "property damage" caused by your negl�gent acts and omissions in the performance of "your work" that occurs within the "products- completed operations hazard," unless the written contraot, referred to in paragraph 1 of this endo�sement, contams a specific requirement that you procure completed operations coverage or coverage w�thm the "products-campieted operations hazard" for the additional �nsured However, even if coverage withm the "products-completed operations hazard" �s requ�red by the wntten contact, such coverage �s available to the additionat �nsured only if the "boddy m)ury" or "property damage" occurs prior to the end of the time per�od during wh�ch you are required by the written contact to provide such coverage or the expirat�on date of the policy, whichever cames firsf 3 ff other valid and collectibfe insurance, whether on a primary, excess, cont�ngent or any other basis, is avadable to the additionai msured for a loss we cover under tii�s endorsement, then the insurance provided by this endorsement �s excess over that other msurance However, the msurance prov�ded by this endorsement wifi be primary to other insurance on which the add�fional insured is a named Ensured for the covered loss, �f the wr�tten contract, referred to tn paragraph 1 of th►s ANIC GL 1061 03 OS Page 1 of 2 � � � �. �����'�� "�� ` ,.. _.�f „ '4 ?� .;�, endorsement, contams a specific requirement that this insurance be primary or pnmary and non- contributory In that case we wdi not share with that other insurance on a pro-rata or other basis If the other msuranc� available to the additianal insured, whether on a pnmary, excess, contingent or any other basis, �s coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance Th�s endorsement changes fhe poiicy to wh�ch it is attached and, unless otherwise stated, is effective on the date issued at 12 01 A M s#andard time at your mading address shown m the policy The mformation below is requieed only when th�s endorsement �s issued subsequent to commencement of the p�licy. Endorssment Effective insured Counte�signed By ANIC GL 1061 03 08 Policy No Endorsement No Page 2 of 2