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HomeMy WebLinkAbout5218Contract Number Vendor. Sub�ect: Department. File Class: Begin Date End Date Review Date Vault Date• 5218 KITSAP COMMUNITY FOUNDATION/EBJ CONST. Jarstad Park Shelter - Concrete Foundation Work Parks LEG 12-1 1/11/2013 2/15/2013 2015 Comments : _, , .. . T _ '' y r CONSTRUCTION SERVICES AGREEMENT Jarstad Park Shelter — Concrete Foundation Work e e ; �c�D 1 ' � `� (�Vl ��n� ��P T'he Krtsap Commwuty Foundation ("Foundahon"), EBJ Construction ("Contractor"), and the Crty of Bremerton ("City") as owner of the property, enter into the following Agreement for construction of a concrete foundation. I. Scope: The Contractor agrees to construct a concrete foundation more specifically described m the Scope of Work, dated December 27, 2012, including any attachments thereto, attached hereto as Exhibrt A, which is incorporated by reference herein. The Crty, as owner of the property, consents to Contractor perfornung the work idenhfied m Exlubrt A When the work performed by Contractor is accepted by City and Foundation, rt sha11 be owned by City The Scope of Work may be modified only by mutual wntten agreement of the two parties and the City Contractor further represents that the construction services furnished under this Agreement will be performed in accordance with generally accepted mdustry standards and in compliance with a11 rules and regulations of any permittmg agency. City confirms that the work to be performed by Contractor is desired by City and is in furtherance of the completion of a new picmc shelter at Jarstad Park, a Park owned and operated for the public benefit by City As such, the concrete work to be performed under ttus Agreement furthers a chantable purpose that vrnll benefit the people of Bremerton and surrounding communities. Further, the new picnic shelter vv�ll be replacing a current picruc shelter that is m need of replacement and that, but for the funding provided by the Founda.tion, Crty would be forced to eventually replace or remove at rts own expense. II. Term: Foundat�on and Contractor agree that work will begin on the tasks described in Exlubit A immediately upon execution of this Agreement The parties agree that the work descnbed m Exlubit A is to be completed at the earliest possible date, but no later than Februarv 15, 2013, provided however, tha.t addrtional tune sha11 be granted for excusable delays, or by mutual agreement of the parties III. Conapensation: In consideration of the consttuction services provided pursuant to this Agreement, the Foundahon sha11 pay the Contractor $7322 00 plus State Sales Tax Contractor's charges and bills shall be rtemized on an mvoice detailmg the work performed Upon receipt of a conformuig billing statement, the Foundation shall promptly process payment. Contractor sha11 not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to tlus Agreement. Contractor shall only be compensated for addit�onal services if requested in writing IV. Relations�ip of Parties: Contractor represents that rt is skilled m the matters addressed m the Scope of Work and is performing mdependent functions and responsibilities vv�thm its field of expertise. Contra.ctor and its personnel or sub-contractors are independent contractors and not employees of the Foundation or Crty Contractor will be solely and entirely responsible Construchon Services Agreement — Concrete Foundation Work 12/31/12 Page 1 of 5 ^ � , for rts acts and for the acts of Contractor's agents, employees, representatives and sub- contractors dunng the performance of this Agreement As an independent Contractor, Contractor is responsible for its own management. As an independent Contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform rts obligations under this Agreement V. Indemnification: Contractor shall defend, mdemnify and hold the Foundation and City, their officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or surts, mcludmg a11 legal costs and attorney fees, ansing out of or in connection with the performance of this Agreement, except for that portion of the in�uries and damages caused by the Foundation or Crty's sole negligence. VI. Insurance: The Contractor shall procure and mamtam for the duration of the Agreement, insurance agamst claims for in�uries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or sub-contractors. Before begmrung work on the pro�ect described m this Agreement, the Contractor shall provide a Certificate of Insurance to Foundation wnth a copy to City evidencing 1. Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combined single limrt per accident for bodily in�ury and property damage, and 2. Commercial General Liabilitv insurance wntten on an occurrence basis with limrts no less than $1,000,000 combmed single limit per occurrence and general 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 liabilrty. VII. General Conditions: A Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of rts employees, agents, and sub-contractors m the performance of the work hereunder and sha11 utilize all protection necessary for that purpose. All work shall be done at Contractor's own nsk, 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 B Place of Work The Contractor shall perform the work authonzed under tlus Agreement at Jarstad Park, 4230 West Belfair Valley Road, Bremerton, WA 98312 By this Agreement, City authorizes Contractor and Foundation to enter onto the construction srte and adjacent City property for the purpose of fulfillmg their obligations under this Agreement Construction Services Agreement — Concrete Foundation Work 12/31/12 Page 2 of 5 , .� . _ � C Entire Agreement• Tlus Agreement, including Exlubrt A, constrtutes the entire agreement between the parties, and the parties acknowledge that there are no other agreements, written or oral, that have not been set forth m the text of this Agreement D Modification. This Agreement may only be modified by written instrument signed by all parties E Written Notices All communications regardmg this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated m tlus Agreement or such other address as may be hereafter specified m wntmg Foundation Address Kitsap Communrty Foundation P.O Box 3670 Silverdale, WA 98383 Director of Public Works 100 Oyster Bay Ave N. Bremerton, WA 98312 IX. Termination: This Agreement shall remam in force until completion and acceptance of the services or termmated by written instrument upon mutual consent. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the termmating Party, and the non-performmg Party does not commence correction of the failure of performance within thirty (30) days of the termmating Party's sending notice to the non-performing Party Any Notice by Consultant shall mclude a report showing the status of all rtems listed m the Scope of Work current through the termmation date KITSAP COMMUNITY FOUNDATION � ! �'7'' Ce r � its. �,�A' � f �' Date �._ / G n l� O/� Construction Services Agreement — Concrete Foundation Work Page 3 of 5 Contractor Address City Address. 12/31/12 , � t � ,. � EBJ CONSTRUCTION � ` l,�w..L�.� ��� c� J��o�7�v✓�- 1tS. �M11�awy. Dwn.a� Date. � � ��r 13 ��S4�w Fa. 54..k `sl.a.+^^,�' CITY OF BREMERTON Construction Services Agreement — Concrete Foundation Work 12/31/12 Page4of5 Date 11 s�-iv ��3 � � 'r '1 � � EXHIBIT A SCOPE OF WORK JARSTAD PARK SHELTER — CONCRETE FOUNDATION WORK December 27, 2012 Contractor Deliverables: 1. Contractor shall construct a concrete foundation slab per the plan provided by Romtec, Inc dated 11 / 13/ 12, specifically per sheets AS 1 and AS 2, said plans are attached and made a part of this agreement 2. In addition, Contractor shall follow the details descnbed below as discussed at the November 7, 2012 srte meetmg a) Contractor will call for locates pnor to excavation b) Setback distance from the existing buildmg to the new concrete slab will be twelve feet (12') to allow for construction of a covered breezeway c) Use of excavated overburden will be used to level area where old slab was removed as needed, remaimng overburden to be hauled to City landfill area (approx 2 miles from Jarstad Park) d) Larger aggregate crushed rock (1 '/4" or 1%" mmus) will be used where compacted fill is called for, Contractor will use both a hand compactor and vibrating roller e) Plan calls for six (6) uprights which require specified column base anchors, additional footmg excavation, and concreted remforcement steel fj New concrete fimshed floor grade elevation v�nll be slightly above existing concrete grade to fit the ground elevation, Contractor will establish elevations for City review g) Ground grade sloped to floor grade to avoid trippmg hazard h) Fimshed concrete floor slope and firush per specified Romtec plan City to Provide: 1. Approved City Buildmg Permit 2. Current Plan Set 3. Coordmation wrth contract parties Construction Services Agreement — Concrete Foundation Work 12/31/12 Page 5 of 5 ® O � ATE( MIDD/YYYY) AkD CERTIFICATE OF LIABILITY INSURANCE 11120/2015 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,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME' E FAX 1717 Arch Street aONNo.Extl: A/C No: X Philadelphia,PA 19103-2797 RECEIVED EMAIL I Attn:Comcast.Certs@marsh.com Fax:212-948-0360 ADDRESS: _. nn INSURER(S)AFFORDING COVERAGE (bt _.DEC ' NAIC# DC V 2 2(M INSURER A:ACE American Insurance Company .^' � Q N •\6667 INSURED INSURER B:Indemnity Ins Co Of North America 1,A V" Q L- 43575 -,, 1 COMCAST 25 T F WASHINGTON IV,INC. ACE Property And CasualtyIns Co ` 1" 20699 15815 25TH AVENUE W. itycaif�I� t INSURER C: P rtY pp LYNNWOOD,WA 98087 'ids 'V Oi28f9rttt►rTt INSURER D:ACE Fire Underwriters Co ,` lJ%1 20702 INSURER E:Agri General Insurance Company V, 42757 INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-004466386-15 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. NOTWITHSTANDING 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X I COMMERCIAL GENERAL LIABILITY XSL G2739856A 12/01/2015 12/01/2016 EACH OCCURRENCE .$ v" 4,900,000 DAMAGECLAIMS-MADE X OCCUR PREM SESO(Ea oREccurrence) $ 4,900,000 X SIR:$100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 4,900,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ t. / 25,000,000 PRO- X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 6,000,000 OTHER: $ % A AUTOMOBILE LIABILITY ISA H08860099 12/01/2015 12/01/2016 COMBINED SINGLE LIMIT $ G� 5,000,000 (Ea accident) ---1 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ C X UMBRELLA LIAB X OCCUR X00 G27924840 001 12/01/2015 12/01/2016 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION WLR C48591231(AOS) 12/01/2015 12/01/2016 X STATUTE ETH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YNN N/A WLR C48591243(CA,MA) 12/01/2015 12/01/2016 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? D (Mandatory in NH) SCF C48591267(WI) 12/01/2015 12/01/2016 E.L.DISEASE-EA EMPLOYEEI 2,000,000 E DESCRIPTION OF OPERATIONS below WLRC48591279(TN) 12/01/2015 12/01/2016 E.L.DISEASE-POLICY LIMIT$ / describe under L./ 2,000,000 A Excess Workers Compensation WCUC48591280(WA) 12/01/2015 12/01/2016 Ea AccDis Employee/Dis Policy 2,000,000 SIR 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) THE CITY,THE CITY'S OFFICERS,OFFICIALS,BOARDS,COMMISSIONS,AGENTS,REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY POLICY AND AUTOMOBILE LIABILITY POLICY WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH ANY OTHER INSURANCE AVAILABLE TO THE CERTIFI WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT AND ALLOWED BY LAW.CATE HOLDER. CERTIFICATE HOLDER CANCELLATION CITY OF BREMERTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6TH STREET,SUITE 600 ACCORDANCE WITH THE POLICY PROVISIONS. BREMERTON,WA 98337-1873 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee -Lc-_nt -ex- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • A. 0003695 SP 0597 -C01-P03696-1 CITY OF BREMERTON ATTN: CITY CLERK 345 6TH STREET, SUITE 600 BREMERTON,WA 98337-1873 •