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HomeMy WebLinkAbout5100 Contract Number: 5100 Vendor. Coultas General Contracting Subject. Park Plaza Garage - Brick Veneer Department: Econ Devel File Class: LEG 12 -1 Begin Date* 11/21/2011 End Date: 4/30/2012 Review Date: Vault Date- 2014 Comments* Complete 21 days after NTP, Admendment #1 12- 13 -11, CO #1 1/6/12, CO #2 1/6/12, CO #3A 7/17/12 Coultas General Ofe (360) 697 -2878 PO Box 549 Contracting City of Bremerton Fax (360) 697 -9377 Poulsbo, WA 98370 COULTCC 154PB JUL 17 2012 CHANGE REQUEST # �3 Deportment of Com Deeelopm Date We agree to make the change(s) or perform additional work at the request order of Name i� / 7 Phone &CPL` Address - 5 , `- �°� Job Site City AWLW��17. Cfh' Hereinafter referred to as the Owner for work performed at premises set forth above It is proposed to make change(s) or perform additional work as follows Description of Requested Change C' rr� 4r�s> e �rk�s X,59'.09, .4�cdu.- ���•1� .4�5.sis,�a.�C��o�P Amount of this Change: Sales Tax: $ k- 9 , 64; Total of this Change: $ do. c ?D 7, c l!' Time for completion of the above cited work hereby extends the duration set forth in the original contract by approximately -6' working days All other provisions of the original gontract and agreement shall remain in full force and effect, without change because of the above change request It is agreed the amount of this adjustment will be payable [ ] In full prior to initiation of change [�] In full with next progress payment [ ] Credited at final billing 7 —/7 X`�` Coultas G neral Contracting Date ner Date Visit coultasgeneralcontracting com • Email rob@c4i4generalcontracting com Built Kipp HBA I a R E M O D E L E R S HOME BUILDERS Green 2005 & 2007 Kitsap IiBA Remodekrs ASSOCIATION Home Builders Association of Kitsap County CounU1 Mem her of the Year OF KITSAP COUNTY J i EXHIBIT C - EDA requirements EDA requirements: i o Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity o EDA Lobbying Restrictions o EDA Contracting Provisions for Construction Projects i o Davis Bacon Washington Wage Rates for Kitsap County (-w-v ol.�ovl t i i I I . o Exhibit C - EDA Requirements I , , Page 3 of 7 (including fib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including fib with attachments); Excavator /Trackhoe: Over 90 metric tons GROUP 1A - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including Jib with attachments); Excavator /Trackhoe: over 50 metric tons to 90 metric tons GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments); Excavator /Trackhoe: over 30 metric tons to 50 metric tons; Dozer D -10; Screedman; Scrapers: 45 yards and over; Grader /Blade GROUP 2 - Cranes, 20 tons thru 44 tons with attachments; Drilling machine; Excavator /Trackhoe: 15 to 30 metric tons; Horizontal /directional drill operator; Crane Oiler -100 Tons and Over; Compactor; Scraper: under 45 tons GROUP 3 - Cranes -thru 19 tons with attachments; Dozers -D -9 and under; Motor patrol grader- nonfinishing; Roller -Plant Mix; Crane Oiler under 100 tons; Excavator /Trackhoe: under 15 metric tons;-Forklift: 3000 lbs and over with attachments; Service Oiler; Concrete Pump, GROUP 4 - Roller -other than plant mix; Forklift: under 3000 lbs with attachments; Bobcat ---------------------------------------------------------------- IRON0086 -010 07/01/2010 Rates Fringes IRONWORKER (Reinforcing, Structural and Ornamental) ....... $ 37.67 19.60 ---------------------------------------------------------------- LAB00001 -017 06/01/2009 ZONE 1: Rates Fringes Laborers: - r GROUP 2 .....................$ 24.86 9 .0_7. GROUP 3 .................... 30.96 ___e_ 9.07 _ __ GROUP 4 .....................$ 31.70 9.07 GROUP 5 .....................$ 32.21 9.07 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall hq: / /www. wdol. gov/ wdol/scafiles /davisbacon/WA52.dvb 11/1/2011 Pagel of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Affidavit of Wages Paid Document 5/24/2012 Intent 489297 Affidavit 395379 Affidavit Approved Received Id Id Status on Date 7/12/2012 Your Company Information Name COULTAS GENERAL CONTRACTING Address PO BOX 549 POULSBO,WA,98370 WA UBI no. 600597361 Contractor Registration no. COULTGC154P8 r Industrial Insurance Account Id 823,326 -00 Email Address rob Ccoultasgeneralcontracting.com Filed By Project Information Awarding agency: BREMERTON, CITY OF 239 4TH ST BREMERTON, WA - 98337 Awarding agency contact: Alyce Fierro Awarding agency contact phone 360- 473 -5269 number: Project Details Project name Brick Veneer, Park Ave Plaza PH 11 Parking Garage County where work was performed Kitsap City where work was performed Bremerton, WA Job site address /directions: Park a Burwell, Bremerton, WA Prime contractor name COULTAS GENERAL CONTRACTING Prime contractor registration no. COULTGC154P8 Contract no. 07 -01 -06590 Prime contractor Phone Number 360- 697 -2878 https. // fortress. wa. gov/! nYwagelookup /AffidavitDetails.aspx 7/17/2012 Page 2 of 3 Prime contractor Intent form id# for 489297 this project Dollar amount of your contract: $ 83,398.34 Bid due date 10/26/2011 Contract award date 11/8/2011 Intent filed date 11/15/2011 Job start date:MM- DD -YYYY 11/23/2011 Date work completed:MM- DD -YYYY 3/2/2012 Project Completion Did your subcontractors perform all No work on this project? Did your company hire any No subcontractors? Did your company have employees Yes perform work on this project? Did this project utilize American No Recovery and Reinvestment Act (ARRA) funds? Specifically, did this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Is the prime contract at a cost of over No one million dollars ($1,000,000)? Company Owner Information How many owner /operators performed 1 work on the project that own 30% or more of the company? First Name Last Name Robert Couttas Affidavit Subcontractor(s) No subcontractor is selected for this affidavit. Journeylevel Wages County Trade Occupation Wages Fringes # # Workers Hours https: / /fortress.wa.govAl Wwagelookup /AffidavitDetails.aspx 7/17/2012\ Page 3 of 3 Kitsap Brick Mason Journey Level 47.8700 0.0000 3 331.85 Kitsap Laborers General Laborer 40.0300 0.0000 3 746.65 Apprentice Wages Public Notes Show /Hide Existing Notes No note exists https:// fortress. wa. gov/ lni /wagelookup /AffdavitDetails.aspx 7/17/2012 j eva 1 ng Wage b ogaamIndustries � aTarg CERTIFIED PAYROLL REPORT 'O Box 44540 Project Name County Project or Contract# Aympla WA 985044540 P rime �yq Prime Contractor ® Bremerton BV Kitsap 07 -01 -06590 360) 902 -5335 Protect Address City State Subcontractor ❑ Bremerton WA Awarding Agency Name Phone Company Name Phone -'or the week ending City of Bremerton 360476 - 5269 Coultas General Contracting 360 - 697 - 2878 vlonth Day Year Address City State ZIP +4 Address City State ZIP +4 7/10/12 345 Sixth Street, Suite 600 Bremerton WA 98337 P O Box 549 Poulsbo WA 98370 Day and Date Deductions Work Classification Name v Sun Mon Tue Wed Thu Fn Sat Total and and Rate Hourly Soc Sec# of Employee Address a 7/1/12 7iv1: 7/3/k2 7/4/12 7/5/12 rsr ,rcru T ota l of Gross Amount "Usual Wlthold- NET Hours Worked Each Day Hours Pay Earned Benefits" FICA 1ng Tax Other WAGES t I Laborer Michael A Beauregard OT 000 000 000 1192 Cleacreek Rd NW .a.;%+w s 000 $3355 $23200 $1948 s r9v. Sdverale, WA 98383 RG 100 100 12744 1274 025 -52 -0650 VNy 974.8? t Laborer Gary B Calvert, Jr OT 000 000 4934 Victory Dive SW 4362 $ 000 $194 $000 $063 5 41 15 532 -86 -7042 Pt Orchard, WA 98367 RG t oo t oo 4362 4362 1 Laborer Robert Hallman OT 000 000 377 N Cheyebbe St 5185 a 000 z 18 000 075 $ 48 92 516 -88 -3969 Tacoma, WA 98407 RG 100 t oo 5185 5185 1 Laborer Jon A Kalho OT 000 000 10875 Fairview Blvd SW 168600 $ 000 $7084 $18000 $2506 $141010 553 -74 -3299 Orchard, WA 98367 RG 100 100 16 0 169600 f N10 i Laborer David B Young OT 000 000 18490 Hwy 305 150000 $ 000 $6303 $23400 $2176 $1,19121 536-60 -7148 Poulsbo, WA 9837 RG 100 107 150 150000 OT o 00 000 000 5 000 $ 000 RG 000 000 OT . 000 000 000 $ 000 $ ON RG 000 000 1 OT 000 000 000 5 oao s 700 RG 000 000 OT 000 000 000 $ 000 1) $ 000 RG 000 000 t OT o 00 000 000 s 000 s 000 RG 000 000 F700- 065 -000 certified payroll report 05 -09 Employee Benefits Distribution and Signature Certification on Reverse Side ,c of Labor and Industries ..uiing Wage Program AFFIRMATION 10 Box 44540 Aympia WA 98504 -4540 today's Date Printed name of party signing this report Title 07 -10 -12 Robert Coultas I I Owner the party signing this report pays or supervises the (Name of contractor or subcontractor) iayment of the persons employed by Coultas General Contractor ' %lect Name For the week starting For the week ending 3remerton BV 07 -01 -12 07 -07 -12 "USUAL BENEFITS" DISTRIBUTION (Please report in "per hour" terms) Total Hourly (E) Approved Work Classification "Usual Benefits" (A) Hourly Pension (B) Hourly Medical (C) Hourly Vacation (D) Hourly Holiday Apprentice Program A +B +C +D +E 1. Laborer $ 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ?.Laborer $ 0.00 3.Laborer $ 0.00 i.Laborer $ 0.00 i.Laborer $ 0.00 i. $ 0.00 1. $ 0.00 3. $ 0.00 �. $ 0.00 to. $ 0.00 The party signing below AFFIRMS the following. 1) All information contained in this Certified Payroll Report, including any addenda, is correct and complete. 2) The wage rates for workers, laborers or mechanics as reported above are not less than the applicable wage rates contained in any wage determination related to the contract, and the classifications as reported above for each worker, laborer or mechanic conform with the actual work performed by such worker, laborer or mechanic 3) The payments of usual benefits as listed above have been or will be made to appropriate approved plans, funds or programs for the benefit of such employees 4) All persons employed on the above - referenced project(s) have been paid the full weekly wages earned, and no rebates have been or will be made either directly or indirectly to or on behalf of the above -named contractor or subcontractor from the weekly wages earned by any person No deductions, other than those which are legally permissible, have been made by any person either directly or indirectly from the full wages earned 5) Any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with the Washington State Apprenticeship and Training Council. e Falsification of any of the above statements is a violation of RCW 39.12.050 subject to prosecution, sanctions, and penal ' S. Tint or type name of party signing this report I Title Signature kobert Coultas Owner 0 10- 065 -000 certified payroll report backer 05 -09 Contract Number: 5100 Vendor: Coultas General Contracting Subject: Park Plaza Garage - Brick Veneer Department: Econ Devel File Class: LEG 12 -1 Begin Date: 11/21/2011 End Date: 4/30/2012 Review Date: Vault Date: 2014 Comments Complete 21 days after NTP Amendment #1 12- 13 -11, CO #1 1/6/12, CO #2 1/6/12 Coultas General Ofc (360) 597 -2878 110 1 49 an. Pu lsbn \tSl98370 C ontracting Fax. (360) 697.9377 COUCT6t: 134pb CHANGE T # 001 Date 21NOVEMBER2011 We agicc to rake the change(s) of pelfolm additional work at the request older of BREMERTON PARK PLAZA GARAGE [Acfdjes ame BRICK VENEER INSTALLATION Phone 206- 718 -6371 345 SIXTH ST., SUITE 600 Job Site PARK & BURWELL ST. BREM, WA. City BREMERTON, WA. 98337 City BREMERTON, WA. 983 Hereinaiiel iefmcd to ds the Ownei fol work peiforn ied at premises set forth above It is proposed to make changc(s) ()r peifoinn idditional \xork as foll Description of Requested Change I. REMOVAL OF TOP ROLL BOLTS,BY CUTTING OFF. 2. CLEAN OFF CEMENT ON 4 1 IX4" PLATES,EXISTING EMBER t 30t' OC., & WELD PLATES EXISTING TO NEWLY INSTALLED 6 1 IX4 "X3J4 ". SEE DRAWING ATTACHED 3. CLEAN AND REPAINT AFTER WELDING IS COMPLETED. *hN 4o ,6 Amount of this Cbmin e: S 4870.08 < 50© Sales Tax: S Total of this Change: ��-j��1 June lot completion of the above cited work hereby extends the duration set forth un the silrgln�lv'corifidci b appioxrmately _ 05 Naoiking days All other provisions of the original writtact and agteenncnt Shall remain in full foicc and effect, without change because of the above change request It is agi cod the amount of this adjustment will be payable f ( In full prlai to initiation of'change f XX ] In full with next progress payment f Credited at final billing RO 0 L TAS 30 NOVEMBER 2011 Ccuiitas Gel era] Crnitiactiiit; Date OMet � ~ 1),uc Vlsit c l tltssg clnel alC()Intl�lctiin l.i3nail loh(01 c,oultasgenelaleontiact) ng. coin built Fdts H Greeno ASSOCIATION ItnmcRu�drrf Atsutaiinnof KltsanfmmtY (aria d llavnl� r of th, lejr (N KITSAP MUNTY f ifl � rY 10 111tas G ener al Ofe• (360) 697 -3878 C o ntract i ng i'n% (360) 697 -9377 j'nul<t . �t,17937U CCULTGC 154pd A .6...1 U EST 4 02 [)ate DECEMBER20 1�Jc rlgi c e tt) IlltlfcC t I1C cll aktge( S) Ak 1)EI f 011n add 11'01 1. at the 1 egllcSt of dci Uf BRAIN FYALL — BREMERTON PARK PLAZA GARAGE —� -� �1,►n1e BRICK VENEER INSTALLATION Mime CEL: 2 06 - 718— 6 37 1 t 1 345 SIXTH ST., SUITE 6 P ARK & B S T. BREM, WA. ' Addles tole ,ltc Ci BREMERTON, WA. 98337 City BREMERTON, WA. 98337 Ticiemaftel le fcri-ed to "Is the Ow ner fili " toil, pci fonn ed a t picimscs Set foitll abme It is proposed tot aka e llailgc(%) of pcifoim additional xvoil, a5 follows Description of Requested Change INSTALL NEW 3 "X 1 /2 "X 16" PLATE,@ TOP OF 4 "X6 "X3/4" WITH WELD AND WEDGE ANCHOR BOLTS INTO EXSITING CMU BLOCK. Amount of this Change: S 1, 4 66.25 Sales Tin: S 'Fatal of this Change; � 1,466.25 T1111C fol Completion of the alimc cit \Noik lleieby ex tends the dura s et foith in the i)11 4,:ina1 contka t applommately ONE Nvoiking da) s All otl p i o visions of the 01tglnal con act anti agl Cement :,Mill r emain in fill( f'oi(e and effect, without change because oft lie above change iequcst Iced the amount of this adjustment i\ ill he pa) able t I Ill fllll P 101 10 111stii (1011 ()f Ch,ln (lc tJ lta full with ncs'fi pi0gkcss payment J Ciedlted at final bil illig APPROVAL GRANITED FOR COMPLETION OF CHANGE ORDER #02 VIA CELT., PH @ . 2 PM. 29 DECEMBER 2011 ROB UL 29 DEC. @011 x 0•f"les. o thactillg � Date Utti lie) t'rww^'�"�Mw.s' -r 3!t^s'. f•9:r�. ts2A" CC1.'^.. S�Jdx ^.:�.5�'�12:.- '2:'6cKsm�KY �Sr�' nv.- ^`TGNJSSJ�VY: Xi Visit Coll I1asgellct ale mitiactkJig (,0111 . Ematl loh' {'coultatigciicialc(mttaciin;.i c0nl Ll101 uIlt � IR& -�ae � p R ) \ 1 0 t") l.. 1. t It .11 HOME BUILDERS t< ^na: LH,eI• I lit % it. Im"I, I r, ASSOCIATION Itome OUIWP1S AmArtalwn of Katap CoanuY Chun. l It, nd+ - tit IN 1. v OC WWI COUh'7Y Contract Number* 5100 Vendor: Coultas General Contracting Subject: Park Plaza Garage - Brick Veneer Department: Econ Devel File Class: LEG 12 -1 Begin Date: 11/21/2011 End Date. 4/30/2012 Review Date: Vault Date: 2014 Comments: Complete 21 days after NTP Admendment #1 12 -13 -11 I, I I I i r PUBLIC WORKS AGREEMENT Amendment # 1 — Brick veneer AMENDMENT # 1 TO AGREEMENT, is entered into between the City of Bremerton, a, Washington Municipal Corporation ( "City "), and Coultas General Contracting ( "Contractor "), whose mailing address is PO Box 549, Poulsbo, WA 98370 The parties agree to add the following paragraph to '12 Miscellaneous' 12. MISCELLANEOUS. L Archaeological or historic materials NOTICE If archaeological or historic materials are discovered during project activities, work in the immediate vicinity shall stop, the area shall be secured, and the EDA, State Historic Preservation Officer, and Tribal Historic Preservation Officers of the Suquamish, Squamn Island, and Skokomish Tribes shall be notified IN WITNESS WHEREOF, the parties below have executed this Amendment *ignae T THE CITY OF BREMERTON /1' Sign a Coultas Gener Contractin Print Name d 6c c l $ Print Name Patty Lent Title Title Mayor I DATE / frc.c . a 9/ DATE I i i , PAGE -1- Coultas — Brick veneer EDA Award 07 -01 -06590 Amendment # 1 Contract Number: Vendor Sub�ect. Department. File Class Begin Date• End Date Review Date• N Vault Date: Comments . 5100 Coultas General Contracting Park Plaza Garage - Brick Veneer Econ Devel LEG 12-1 11/21/2011 4/30/2012 2014 Complete 21 days after NTP , ., PUBLIC WORKS AGREEMENT THIS A�r�ZEEMENT, is entered into between the Crty of Bremerton, a Washington Municipal Corporation ("Crty"), and Coultas General Contracting ("Contractor"), whose mailing address is P O Box 549, Poulsbo, WA 98370 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following Scope of Services for the Crty A Supply and install brick, concrete masonry backup, steel ledger angles and associated metal flashing and materials, as noted in Exh►bits attached herein B Brick speci�cation shall be Interstate Brick, Monterey L-4, Color Standard Accent brick shall be Interstate Brick, Mountain Red L4, Color Standard 2. TIME OF COMPLETION. Contractor shall complete the work within 21 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 $ Seventv thousand mne hundred and fiftv eight dollars ($70,958 00), sales tax if applicable is not mcluded The Contractor shall invoice the City monthly The City will pay for the portion of the work descnbed in the invoice that has been completed by the Contractor and approved by �he City The City payment shall not constitute a waiver of the City'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 Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retaina�e 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 Page 1 of 6 Coultas General Contractin; — br�ck veneer EDA Award 07-01-06590 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 rts expense, and shall be responsible for all payments of income tax, social secunty, state mdustrial 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 termmate this agreement at the convenience of the C�ty 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," with the State of Washmgton Department of Labor & Industnes 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 Davis-Bacon wage rates are to be used for this pro�ect The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHAN�ES. The City may issue a written or oral work change directive for any change in the Contract work dunng 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 Special Pro�ect Administrator within two (2) busmess days of the date the Contractor knew or should have known of the facts and events givmg 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 wtll make an equitable ad�ustment 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 The City will evaluate all protests, provided the procedures in this section are followed if the City determines that a pratest is valid, the Crty will ad�ust payment for work or time by an equitable ad�ustment No ad�ustment will be made for an invalid protest A 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 with the retained right to file a clatm 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 nse to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be 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 givtng rise to the claim Contractor must, in any event, file any claim or bring any suit arismg from or connected with this agreement withm 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract Vi�hen 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 Page 2 of 6 Coultas General Contract�n� — brick veneer EDA Award 07-01-06590 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 hannless from any and all claims, in�uries, 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 in�uries and damages 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 �urisdiction determine that this agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages arising out of bodily in�ury 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 UI�DERSTOOD 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 agamst claims for in�uries 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 Automobtle Liabilrtv insurance wrth limits no less than $1,000,000 combined single limit per accident for bodily in�ury and property damage, and B Commercial General Liabilitv msurance written on an occurrence basis wrth limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal in�ury, bodily in�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 C Endorsements in accordance with Right of Way permits Page 3 of 6 Coultas General Contractmg — brick veneer EDA Award 07-01-06590 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 msurance policies The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage 12. MISCELLANEOUS. A Nondiscnmination 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 actmg 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, physical disability, or sexual onentation 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 nsk, and Contractor shall be responsible for any loss of or damage to matertals, tools, or other articles used or held for use m connection with the work D Nonwaiver of Breach The failure of the City to insist upon strict perfortnance of any of the terms and rights contamed herem, or to exercise any option herem 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 �Governin� Law This agreement shall be governed and construed in �ccordance 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 Page 4 of 6 Coultas General Contracting — br�ck veneer EDA Award 07-0 l-06590 �urisdiction, venue and rules of the Krtsap County Superior Court, Kitsap County, Washington F Attornev's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees mcurred m defending or bringing such claim or lawsurt, however, nothing in this subsection shall limit the City's nght to mdemnification under Section 10 of this agreement G Wntten 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 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 Assi�nment Any assignment of this agreement by the Contractor without the wntten consent of the Crty shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be bindmg unless in writmg and signed by a duly authorized representative of the City and Contractor J Severabilitv If any one 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 A�reement The wntten provisions and terms of this agreement, together with any attached Exhibits, supersede all pnor 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 EXHIBITS — Attached herein — o EXHIBIT A— Construction Documents o EXHIBIT B— General Requirements o EXHIBIT C— EDA Requirements o EXHIBIT D— Signed Form of Proposal IN WITNESS WHEREOF, the parttes below have executed this agreement Page 5 of 6 Coultas General Contracting — bnck veneer EDA Award 07-0 l-06590 Print Nar�e �e� h�D�7 ��,c� �r �S" Title C� �J B4�c� /P DATE_ /� � �� G�,�� /i' ��/� Nohces to be sent to: CONTRACTOR Coultas General Contracting P O Box 549 Poulsbo, WA 98370 360-697-2878 360-697-9377 THE CITY OF BREMERTON � � Print Na Pattv Lent Title Mavor DATE_ _ �5� /[�a�/�l�P�" ��� Notices to be sent to: CITY OF BREMERTON Atten Gary Sexton 345 6`" Street, Suite 600 Bremerton, WA 98337 (360) -981-1025 (360) (facsimile) Page 6 of 6 Coultas General Contrachn; — brick veneer EDA Award 07-01-06590