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HomeMy WebLinkAbout5342Contract Number: 5342 Vendor: Sub�ect: ' Department: File Class. Begin Date: End Date: Review Date: Vault Date: Comments. KRAZAN & ASSOCIATES INC GSA - Washington Ave Sewer Improvement Pro�ect Engineering LEG 12-1 2/5/2014 10/31/2014 9/1/2014 2014 € ; B � t 3 ; # ; � � f � � , r � ; � u } 4 d ; GOODS AND SERVICES AGItEEMENT W�th Krazan and Associates Inc for the Washingtan Avenue Sewer improvements Project # 5313 Testing and Inspection Services THIS AGREEMENT, ts entered mto between the C�ty of Bremerton, a Washmgton Mun�cipai Corporatwn ("City"), and Krazan & Associates, Inc. ("Vendor"}, whose ma►Img address is 1230 Finn Hitl Rd NW. Suite A— Poulsbo. WA 98370 1. C►ty The parties agree as follows VENDOR SERV[CES. The Vendor sha4 provide the followv►g goods and matenals and/or perform the foltowmg services for the Testing and spec�al inspect�on services for and in conformance w�th the Washington Avenue Sewer Improvements Pro�ect coatracts as listed in Attachment A. 2. TIME OF COMPGETION. This contract shall expu�e on October 31, 2014 3. COMPENSATIOIY. The City sha(l pay the Vendor on a t�me and mater►als bas�s m accordance with the fees shown m Attachment A Inspecttons shall be patd on a portal to portal bas�s, unless spec�fically noted otherwise, plus any applicable Washmgton State Sales Tax, for the goods, mater�als and serv�ces contemplated m this Agreement This agreement shall not exceed $15,000 00 unless approved m wr►t�ng by the City of Bremerton the C�ty may obtaut the goods, materiais or services by AgCCetneIIt ar otherwise, and Vendor shall be liable to the C�ty for any add�ttonal costs incurred by the C�ty "Add�Uonal costs" shall mean all reasonable costs, includu►g legal costs and attorney fees, incurred by the City beyond the maxunum Agreement pr�ce spec�fied above The City fiuther reserves �ts nght to deduct the cost to complete th�s Agreement, �nclud�ng any Addrtional Costs, from any and all amounts due or to become due the Vendor 4. [NDEPENDENT COtYTRACTOR. Contractor ►s and shall be at all tunes acting as an mdependent contractor and not as an employee of the C�ty T'he Contractor shall secure at its expense, and shall be responsib(e for aEl payments of mcome tax, soc�al secur�ty, state disability irtsurance corrtpensat�on, unemployment compensation, and all other payroll deduct�ons for the Contractor, o�cer, agents, employees and sub-contractors The Contractor shall also secure all applicable busuiess (�censes, �f requu�ed, m connection w�th the contract services, mcludmg all requ►red (�censes for Contractor's officers, agents, employees and sub-contractors 5. TERMINAT[ON. The Ctty may termmate this Agreement for good cause "Good cause" shall u�clude, without IumtaUOn, any one or more of the foiiowtng events A A Defective or Unauthorized Work The Ctty reserves its r�ght to withhoid payment from Vendor for any defectrve or unauthor�zed goods, matenals or serv�ces If Vendor is unable, for any reason, to complete any part ofthis Agreement, � The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement The Vendo�'s fallure to complete th�s Agreement within the time spec�fied �n th�s Agreement C+ry ojBremerton Krtcan Contrac� Wash�r�g�on Avenue Sewer Pro�ect Page 1 of 7 February 2014 C The Vendor's fa�lure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to complete w�th federal, state or local laws, rules or regulations E The Vendor's filuig for bankruptcy or becoming ad�udged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not recetve any further momes due under thts Agreement unt�l the goods, materials and services requu�ed by th�s Agreement are completed and fully performed 6. CE[ANGES The Ctty may issue a wntten change order for any change in the goods, mater�als or servtces to be provided durmg the performance of thts Agreement (f the Vendor determmes, for any reason, that a chattge order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving nse to the requested change If the City determmes that the change mcreases or decreases the Vendor's costs ar time for performance, the Ciry w�ll make an equttable ad�ustment The City wEil attempt, m good fa�th, to reach agreement with the Vendor on all equitable ad�ustments However, tf the part�es are unable to agree, the C�ty will determme the equitable ad�ustment as it deems appropr�ate The Vendar shall proceed wtth the change order work upon receiv�ng e�ther a written change order from the City or an oral order from the C�ty before actually receivmg the wr�tten change order If the Vendor fads to requu�e a change order withm the tune allowed, the Vendor wa�ves �ts right to make any claun or submit subsequent change order requests for that port�on of the contract work If the Vendor d�sagrees with the equ�table ad�ustment the Vendor must complete the change order work, however, the Vendor may elect to protest the ad�ustment as prov►ded below A Procedure end Protest by the Vendor If the Vendor d�sagrees with anythmg requ�red by a change order, another wntten order, or an oral order &om the C�ty, u►cludu►g any dvection, tnstruct�on, mteipretation, or determinahon by ihe City, the Vendor shall 1 Immediately g�ve a signed written notice of protest to the Ctty, 2 Supplement the wr�tten protest w�thu► fourteen (14) calendar days w�th a wrttten statement that prov�des the followmg �nformat�on a The date of the Vendor's protest b The nature and cvcumstances that caused the protest c The provis�ons m th�s Agreement that support the protest d The estunated dollar cost, if any, of the protested work and how that esturtate was determined e An analysis of the progress schedule showmg the schedule change or dtsrupt�on �f the Vendor �s assertmg a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and tune incurred as a result of the protested work The C�ty shall have access to any of the Vendor's records needed for evaluatmg the pratest The C�ty w�ll evaluate ali protests, prov�ded the procedures ui this section are follawed if the C�ty determu►es that a protest is val�d, the C�ty w�ll adJust payment for work or time by an equitable ad�ustment No ad�ustment wdi be made for an invatid protest B Vendor's Duty,to Complete Protested Work In sprte of any protest, the Vendor shall proceed promptly to provide the goods, mater�als and serv�ces requued by the City under th�s Agreement Crty of Bremerton page 2 af � Krcrnn Contract February 1014 Washrngton Avenue Sewer Pro�ec! C Vendo�'s Acceptance of Chan�es The Vendor accepts atl requ�rements of a change order by (1) endorsmg �t, (2} wnting a separate acceptance, or (3) not protesting �n the way this sectton prov�des A change order that is accepted by Vendor as provided in this sect�on shall const�tute full payment and final settlement of all clauns for contract tune and for d�rect, md�rect and consequential costs, mcluding costs of delays related to any work, either covered or ai�'ected by the change D Failure to Protest Constitutes Wa�ver By not protesttng as thts sect�on prov�des, the Vendor also waives any addrt�onal entitlement and accepts from the C�ty any written or oral order (mcludmg directions, mstruct�ons, tnterpretations, and determmation) E Eadure to Eollow Procedures Constrtutes Waiver By fad�ng to follow the procedures of this sechon, the Vendor completely waives any clauns for protested work and accepts from the C�ry any written or oral order (mcludtng dvect�ons, mshuctions, interpretat�ons, and determmat�on) 7. CLA[MS. The Vendor shall g�ve wr�tten notice to the City of all ciauns other than change orders w�thm fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claun for damages, additional payment for any reason, or extens►on of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written cla�m �s made m strict accordance w�th the appl�cable provts�ons of th�s Agreement, or, if (and only �� no such provtsion �s appl�cable, unless that claun �s set forth m detatl m writmg and recerved by the C►ry withm seven (7) calendar days from the date Vendor knew, or should have known, of the facts givmg nse to the clavn At a mmunum, a Vendor's wr�tten claun must mclude the mformation set forth regard�ng protests m Sect�on 7(A)(2)(a)-(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM W[THIN THE TIIvIE ALLOWED SHALL BE AN ABSOLUTE WANER OF ANY CLAIMS ARISING Q�[ ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, m any event, file any cla�m or brmg any suit ar�smg from or connected with this Agreement wtthm 120 calendar days &om the date the contract work �s complete 8. WARRANTY. The Vendor shall correct all defects m workmanship and mater�als w�thm one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year &om the date such correct�on �s completed and accepted by the C�ty The Vendor shall begm to correct any defects withm seven (7) calendar days of ►ts receipt of notice from the City of the defect If the Vendor does not accompl�sh the corrections withui a reasonable time, the City may complete the corrections and the Vendor shall pay all costs tncurred by the C�ty in order to accomplish the correction 9. INDEMlYIFICATION. Vendor shall defend, uidemmfy and ho(d the City, Us officer, offictals, employees, agents and volunteers harmless from any and all clauns, tn�unes, damages, losses or su�ts, tncludmg all legal costs and attorney fees, ans�ng out of or ►n connect►on w�th the performance ofthis Agreement Vendor's obiigation to indemmfy shall not extend to that port�on of damages caused by the Ctty's sole negt�gence The City's �nspection or acceptance ofany of Vendor's work when completed shatl not be grounds to avoid any ofthese covenants Crry of Bremerlon p� j o f J Kra:an Contract February 2014 Wash�rygton Avenue Se�ver ProJec► of mdemnificat�on 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 ar�sing out of bodily u►�ury to persons or damages to property caused by or resuhmg from the concurrent negl�gence of the Vendor and the C�ty, its officers, officials, employeas, agents and vo(unteers, the Vendor's l�ab�tity hereunder shall be only to the extent of the Vendor's neghgence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTiTUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURAAtCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDENMIFICATION THE PARTtES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER , The provlsions of this section shall survive the exp�ration or termu►ation of this Agreement 10. INSURANCE. The Vendor shall procure and maintam for the duration of this Agreement, �nsurance agamst clauns for mJunes to persons or damage to property that may artse from ar in connect�on w►th the performance of the Contract work by the Vendor, �ts agents, representat�ves, employees or subcontractars Before begtnnmg work on the pro�ect descr�bed m th�s Agreement, the Vendor shall prov�de a Cerhficate of [nsurance evidencu►g Automobile L�abilitv ir►surance with t�mits no less than $1,000,000 combmed smgle lvmt per acc�dent for bodtly m�ury and property damage, and 2 Commercial General Liab►l�tv insurance written on an occurrence bas�s with limits no less than $1,000,000 combined s►ngle lu�ut per occurrence and $2,000,000 aggregate for personal in�ury, bodily m�ury and properiy damage Coverage shall mclude but not be lumted to blanket contractual, products/completed operat�onslbroad form property damage, and employer's habilrty Any payment of deductible or self msured retenhon shall be the sole respons�biliry of the Vendor All requu�ed polic�es shall be prov�ded on an "occunence" basis except professional liabd�ty msurance(ifrequved), which shall be provided on a "claims-made" basis The C�ty shall be named as an additional insured on the Commerc�al General C,iability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement nammg the City as add�t�onal insured shall be attached to the Certificate of insurance The C�ty reserves the r►ght to recerve a cert�fied copy of all the requved msurance policies The Vendor's Commercial General Liab�l�ty msurance shall contam a clause statmg that coverage shall apply separately to each msured agamst whom claun �s rnade or suit is brought, except with respects to the lim�ts of the msurer's liab�l�ty The Vendor's msurance shall be primary �nsurance as respects the C�ty and the Ctty shall be given thu�ty (30) days pr�or written notice by cert�fied ma�l, returr► rece�pt requested, of any cancellation, suspens�on or material change �n coverage Crry ojBremerlort Page 4 oj7 Kra:an Co»lract Fe6ruary 2014 Washmg�on Avenue Sewer Pro�ecr i a � � The C�ty also reserves its unqualified r�ght to requ�re at any tune and for any reason, proof of coverage in the form of a duphcate , of the msurance policy wtth all endorsements as evidence of coverage a � w I1. MISCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Busmess License and any regulatory license requ�red to fulfi(l Vendor's obl�gations under thts contract B8c0 taxes shati be pa�d when due, and Vendor, by this agreement, asstgns any payments due under this contract to the C�ty Clerk for payment of such taxes which have been declared delmquent B Conflict and Precedence In the event of a conflict between the contract documents, the document wh�ch rates h�gher on the followmg list shall take precedence 1 Addenda, if any, 2 Contract, 3 Speci6cations, 4 Terms and Condit►ons, 5 Contractor's proposal C Documents Incorporated by Reference The followmg documents are mcorporated by reference, to mclude, but not be timited to 1 Terms and Conditions, 2 Specifications, 3 Praposal, and 4 _Non-Cotlusion Affidavrt D Nond�scruninat�on In the huing of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person actmg on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual or�entation, national origin, or the presence of any sensory, mental, or phys�cal disabdiry, d�scrunmate agamst any person who is qualified and available to perform the work to wh�ch the emp[oyment relates E Compl�ance with Laws Vendor shall comply with all federal, state and local laws, rules and regulat�ons throughout every aspect m the performance of this Agreement F Wark Performed at Vendor's Risk Vendor shall take atl precautions necessary and shall be respons�ble for the safety of , its employees, agents, and subcontractors m the performance of th�s Agreement All work shall be done at Vendor's own nsk, and Vendor shall be responsible for any loss of or damage to matenals, tools, or other art�cles used or held for use m x - t connection wrth the work > � Y G Governu►�Law Th�s Agreement shall be governed and construed m accordance with the laws of the State of Washmgton [f any dispute anses between the City and Vendor under any of the provisions of this Agreement, resolut►on of that d�spute shall be availabie exclusrvely under the Jurisd�ction, venue and rules of the K�tsap County Supenor Court, K�tsap County, Washmgton Crty ojBremerton Kra:an Con[rac! Wash�ngton Avenue Sewer Pro�ec� Page s oJ7 Fe6rnary 1014 0 H Attorney's Fees In any claim or lawsuit for damages ansu►g from the part�es' performance of th�s Agreement, each party shal! be responsi6te for payment of �ts own legal costs and attorney's fees mcurred m defendmg or bruiging such claim or lawsu�t, however, nothing in this subsection shall lunit the City's right to u►demnification under Section 9 of thts t � � � � s t' � � � 4 F � � t � 4 � F Y � Agreement 1 Wr�tten Notice Ali commumcations regarding this Agreement shall be sent to the part►es at the addresses listed below, unless otherw�se not�fied Any written not�ce shall become effect�ve upon delivery, but m any event three (3) calendar days after the date of mailmg by registered or ceRified mad, and shall be deemed sufficiently given �f sent to the addressee at the address stated in this Agreernent J K L Notices to be sent to VENDOR Krazan and Associates Inc Attn Jeff Bowers 1230 Fum Hill Rd NW, Suite A Poulsbo, WA 98370 ' Notices to be sent to Ciry of Bremerton Attn Ned Lever 302? Olympus Drive Bremerton, WA 98310 Assi�nment Any assignment of this Agreement by the Vendor without the written consent of the C�ry shall be void Mod�fication No warver, alteration, or modificat�on of any of the provts�ons of this Agreement shatl be bmd�ng ur�less u? writmg and s�gned by a duly authorized representat�ve of the C�ty and Vendor Severabil�tv If any one or more sect�ons, sub-sections, or sentences of thrs Agreement are held to be unconstitutiona! or ►nvalid, that dec�s�on shall not affect the valid�ty of the remaming portion of this Agreement and the remamder shall remain ui full force and effect Crry oJBreme�ton Krsan Conlracf Wosh�ng�on Avenue Sewer Pro�ect Page 6 oj7 February IOt4 M Entu�e Agreement The written prov�s�ons and terms of th�s Agreement, together with any attached Exhib�ts, supersede ali prior verbal statements by any representative of the City, and those statements shall not be construed as formmg a part of or altermg �n any manner this Agreement This Agreement and any attached Exhib�ts contam the ent�re Agreement between the parties Should any language ul any Exh�b►t to this Ageement conflict with any tanguage contamed m this Agreement, the terms of this Agreement shatl prevail [N WITNESS WHEREOF, the parties below have executed this Agreement � � g � ; # � A 4 # s a ? d i R 4 A Y � 5 f s Y Y � � a VENDOR Krazan and Assoc�aies Inc By Pnnt N e Jeff Bowers Its Construct�on Services Mana er Date G� ��' Ctty oJBremenon Kra:an Contract Washington Aven�ee Seiver Pro�ect CITY City of Bremerton B r 2-, Pnnt Name Chal Martui Its D�rector of Public Works and Util�t�es Date APPROVED AS TO FORM B � ` � i � � remerton City Attomey ATTEST �� � • : `,� � � Pcrge 7 oJ7 February?0I4 � x�co�o TM CERTIFICATE OF LIABILITY INSUI�ANCE Date(M61D 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 tertns and conditions of the policy certam poliaes reqwre an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek, CA 94596 CA License #0564249 Krazan & Associates, Inc 215 West Dakota Avenue Clovis, CA 93612 No Ext) 923'934-8500 I � INSURERS INSURER A INSURER B INSURER C INSURER D ,FFORDING COVI Hartford Fire Insurance 925-934-8278 NAIC # 19682 I � INSURER F � I I COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS 1S TO CERTIFY THAT 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 CONDI710NS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 7ypE OF INSURANCE ADDL SUBR pOLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR NND MM/DDIYWY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 A X COMMERCIAL GENERAL LIABILITY x 57UENAM3949 1 O/01/13 1 O/01/14 DAMAGE TO RENTED PREMISES g 300 000 (Ea occunence) CLAIMS MADE ❑X OCCUR MED EXP (My one persan) $ 10 000 X Sfop Gap pERSONAL 8 ADV INJURY $ 1 000 000 X Deductible $0 GENERAL AGGREGATE $ 2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG $ 2 000 000 POLICY X PROJECT LOC EMPLOYEE BENEFITS $ 7 000 000 AUTOMOBILE LIABILITY COMB(NEO SINGLE LIMIT (Ea acudent) S 1 000 000 A X ANVAUTO 57UENAM2726 10/Ol/13 10/01/14 BODILYINJURV(Perperson) $ ALL OWNED AUTOS SCHEDULED BODILY INJURY Pe� accident $ AUTOS ( � HIRED AUTOS NON OWNED PROPERTY DAMAGE $ AUTOS (Peracudent) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS AGGREGATE $ MADE DED RETENTION $ $ WORI�RSCOMPENSATION WCSTATU OTHER AND EMPLOYERS LIABILITV YM TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE/ E L EACH ACCIDEN7 $ OFFICER/MEMBEREXCLUDED� ❑ N/A (Mandatary m N H) E l DISEASE EA EMPLOYEE $ If yes descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMR $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 701, Additlonal Remarks Schedule, If more space Is required) Re KA Pro�ect #106-14040, Washmgton Avenue Sewer Improvements, Bremerton Publ�c Works & Uhhhes Eng Division and City of Bremerton are named as add�twnal msured (pnmary) on General L�abil�ty pohcy �f reqwred by wntten contract per attached endorsement 30 days cancellat�on clause apply to General Liabil�ty policy per attached endorsement CERTIFICATE HOLDER CANCELLATION Publ�c Works & Ut�lrties Eng D�v�sion Attn Ned Lever 3027 Olympus Dnve Bremerton, WA 98310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS �� �1-8•2010 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 57 UEN AM3949 COMAAERCIA� GENERAL LIABILITY CG 2010 07 04 THIS ENDQRSEMENT CHANGES THE POLICY. PLEASE REA� IT CAREFULLY. �4DDITIOIVAL INSURED - OWNERS, LESSEES OR CONTR�►CTORS - SCHEDULED PERSC)N 4R ORGANIZATION This endorsement modifies insurance provided under the follov+nng COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name CrF Additional Insured Person(s) Or Organization(s): Pubhc Works & Urilrt�es Eng Div�s�on, C�ty of Bremerton Location(s} Of Covered Operatians KA Pro�ect #106-14040, Washmgton Avenue Sewer Improvements, Bremerton Information reqwred to complete this Schedule, if not shown above, will be shown in the Deciarahons A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organPZation(s) shown in the Schedule, but only with respect to liability for °bodily inJury", "property damage" or "personal and advertismg in�ury" caused, m whole or in part, by 1. Your acts or omissions, or 2 The acts or amissions of those acting on your behalf, in the performance of your ongoing operations for the addi6onal insured(s) at the location(s) designated abo�e B With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This msurance does not apply to "bodily inJury" or "property damage" occurring after 1 All work, including matenals, parts or equipment furnished in cnnnection w�th such woric, on the pro�ect (other than service, mamtenance or repairs) to be performed by or on behalf of the addiUonal insured(s) at the location of the covered operat�ons has been completed, or 2 That portion of "your work" out of which the in�ury or damage arises has been put to its intended use by any person or orgarnzation other than another contractor or subcontractor engageci in perFormmg operadons for a pnncipal as a part of the same pro�ect CG 2010 OT 04 O ISO Properties, Inc , 2004 Page 1 of 1 ROLICY PtUMBER: 57 U�N AM3949 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDC?RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRi�CTORS - C�MPLETED OPERATIONS This endorsement modifies insurance provided under the failowing COMMERCIAL GENERAL LIASILITY C�VERAGE PART SCHEDULE Name Of Additionai Insured Person{s) Or Organfzatian(s): Locatian And Description Of Compieted Operations Publ�c Works & Utilrt�es Eng Division, Crty of Bremerton Re KA Pro�ect #106-14040, Washmgton Avenue Sewer Improvements, Bremerton Informatior� required to compiete this Schedule, if not shown abave, will be shown m the Deciarabons Sectian II — Who Is An insured is amended ta mclude as an additional insured the person(s) or argan¢ation(s) shown m the Schedule, but oniy vtinth respect to liabdity for "bodily in�ury" or "property damage" caused, in whole or in part, by "your work" at the locat�on designated and descnbed in the schedule of this endorsement perfonr�ed for that addihonal insured and included �n the "products- completed operations hazard" CG 2Q 37 O7 04 � ISO Properties, Inc , 2004 Page 1 of 1 Policy Number 57UENAM3949 , that are in excess of the applicable limit of insurance An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimanYs legal representative i4. Otherinsurance ' If other valid and collectible insurance is avadable to t the msured for a loss we cover under Coverages A or � B of this Coverage Part, our obligations are limited as ' follows i a Primary Insurance � This insurance is primary except when b below � applies If other insurance is also primary, we will � share with all that other insurance by the method � descnbed in c below � b Excess Insurance ' This insurance is excess over any of the other � insurance, whether primary, excess, contingent or i on any other basis � (1) Your Work � That is Fire, Extended Coverage, Bwlder's Risk, ; Installation Wsk or similar coverage for "your work", ; (2) Premises Rented To You I That is fire, hghtning or explosion insurance for ' premises rented to you or temporarily occupied ; by you with permission of the owner, � (3) Tenant Liabdity ; That is insurance purchased by you to cover your liability as a tenant for "property damage" ; to premises rented to you or temporarily i occupied by you with permission of the owner, � (4) Aircraft, Auto Or Watercraft ; � If the loss arises out of the maintenance or use i of aircraft, "autos" or watercraft to the extent not i sub�ect to Exclusion g of Section 1— Coverage � A— Bodily In�ury And Property Damage Liabdity, i (5) Property Damage to Borrowed Equipment Or ! Use Of Elevators ' If the loss arises out of "property damage" to � borrowed equipment or the use of elevators to ' the extent not sub�ect to Exclusion� of Section I � - Coverage A- Bodily In�ury And Property � Damage Liabdity, , (6) When You Are Added As An Additional � Insured To Other Insurance i Any other insurance available to you covering � liability for damages arising out of the premises or operations, or products and completed ; operations, for which you have been added as � an additional insured by that insurance, or � Page 14 of 18 -- I Commerciel General Lrebility Policy �(7) When You Add Others As An Additional i � Insured To This Insurance � ' Any other insurance available to an additional ; ` insured � � ; However, the foNowmg provisions apply to other ; � insurance available to any person or ; organizafion who is an addi#ional insured under ' � this coverage part � � (a) Primary Insurance When Required By I , Contract � ; This insurance is primary if you have agreed � � in a written contract or written agreement ; � that this insurance be primary If other i ; insurance is also primary, we wdl share with i , all that other insurance by the method i , described in c below ' (b) Primary And Non-Contributory To Other � Insurance When Required By Cantract ; ' If you have agreed in a written contract, � written agreement, or permit that this '; i insurance is primary and non-contnbutory j with the additional insured's own insurance, � this msurance is primary and we wdl not ; i seek contribution from that other insurance ; ; Paragraphs (a) and (b) do not apply to other , insurance to which the additional insured has i been added as an additional insured � � ' When this insurance is excess, we wdl have no ; duty under Coverages A or B to defend the insured � against any "suit" if any other insurer has a duty to ' ' defend the insured against that "swt" If no other ' ' insurer defends, we will undertake to do so, but we ; will be entitled to the insured's rights against a�l ; � those other msurers � i When this insurance is excess over other ; msurance, we wdl pay only our share of the amount ' ' of the loss, if any, that exceeds the sum of � ,(1) The total amount that all such other msurance � , would pay for the loss in the absence of this , , insurance, and � (2) The total of all deductible and self-insured � , amounts under all that other insurance � We wdl share the remaining loss, if any, with any , I other insurance that is not described m this Excess ; 1 Insurance provision and was not bought specifically i � to apply m excess of the Limits of Insurance shown ; m the Declarations of this Coverage Part ' c � Method Of Sharing � � � If all of the other insurance permits contribution by i � equal shares, we will follow this method also Under ' � this approach each insurer contnbutes equal ' i amounts untd it has paid its applicab�e limit of j ; insurance or none of the loss remains, whichever � � comes first � ; � ___ _----- -- ----- --- ---—� HG 00 01 06 05 +if any of the other insurance does not permit � icontnbution by equal shares, we wdl contribute by � �limits Under this method, each insurer's share is I f based on the ratio of its applicable limit of; �msurance to the total applicable limits of insurance � yof all msurers ___,________ _ __ __ _________ _ � 5 Premwm Audit a We wdl compute all premiums for this Coverage Part in accordance with our rules and rates b Premium shown in this Coverage Part as advance premium is a deposit premium only At the close of each audit period we will compute the earned premium for that penod and send notice to the first Named Insured The due date for audit and retrospective premiums is the date shown as the due date on the bdl If the sum of the advance and audit premiums paid for the policy penod is greater than the earned premium, we wdl return the excess to the first Named Insured c The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request 6 Representations a When You Accept This Policy By accepting this policy, you agree (1) The statements in the Declarations are accurate and complete, (2) Those statements are based upon representations you made to us, and (3) We have issued this policy in reliance upon your representations b Unintentional Fadure To Disclose Hazards If unintentionally you should fad to disclose all hazards relating to the conduct of your busmess that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure 7 Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specif�cally assigned in this Coverage Part to the first Named Insured, this insurance applies a As if each Named Insured were the only Named Insured, and b Separately to each msured against whom claim is made or "suiY' is brought 8 Transfer Of Rights Of Recovery Against Others To Us a Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them b Waiver Of Rights Of Recovery (Wa�ver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that nght, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the in�ury or damage 9 When We Do Not Renew If we deade not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date If notice is mailed, proof of mailmg will be sufficient proof of notice SECTION V — DEFiNITIONS 1 "Advertisement" means the widespread public dissemination of information or images that has the purpose of mduang the sale of goods, products or services through a (1 j Radio, (Z) Television, {3) Billboard, (4) Magazine, (5) Newspaper, or b. Any other publication that is given widespread public distribution However, "advertisemenY' does not include a The design, printed material, information or images contained m, on or upon the packaging or labeling of any goods or products, or b An interactwe conversation between or among persons through a computer network "Advertising idea" means any idea for an "advertisement" "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form "Auto" means a land motor vehicle, trailer or semitrader designed for travel on public roads, mcfuding any attached machinery or equipment But "auto" does not include "mobile equipmenY' 2 3. 4. 5 "Bodily in�ury" means physical a In�ury, b Sickness, or c Disease sustained by a person and, if ansmg out of the above, mental anguish or death at any time HG 00 01 06 05 Page 15 of 18 Policy Number 57UENAM3949 & 57UENAM2726 C4�t1�4N PQLICY CON�ITIONS All Coverage Parts included m this policy are sub�ect to the following oonditions A Cancellation 1. The first Named Insured shawn m the Declarations may cancel this pol�cy by madmg or delivermg to us advance wntten not�ce of cancellation 2, We may cancel this policy by mading or delwering to the first Named Insured wntten not�ce of csncellalion at Veast a � 10 days before the effectwe date of cancellabon if we cancei for nonpayment of premwm, or 30 days before the effect�ve date of cancelladon if we cancel for any other reason 3 We wdl maii or delrver our noUce to the �irst Named Insured's last mading address knawn to us 4 Not�ce of cancellation wdi state the efFecteve date of cancellation The policy per�ad wdl end on that date 5 C� If this pol�cy �s cancelled, we v�nVl send the �irst Named Insured any premium refund due If we cancel, the refund v+nll be pro rata If the first Named Insured cancels, the refund may be less dian pro rata The cancellation wdl be effechve even �f we have not made or offered a refund If not�c� is maded, proof of mailing wdl be sufficoent praof of nohce B. Changes Th�s policy conteins all the agreements between you and us concerning the insurance efforded The first Named Insured shown in the Declaradons is authorized to make changes m the terms of this pol�cy w�th our consent This policYs terms can be amended or waived only by endorsement issued by us and made a part of this pohcy ., :�:;, ��. C Examination Of Your Books And Records We may examme and audit your boaks and records as they relate to th�s pol�cy at any time during the pohcy period and up to three years afterward D inspections And Surveys 1 We have the nght to a Make mspections and surveys at any t�me, b Give you reports on the conditians we find, and c Recommend changes 2 WB are not obligated to mak� any ir�spections, survsys, reports or recommendations and any such act�ons we do undertake relste anly to insurability and the prem�ums to be charged We d4 not make safety mspections We do not undertake to perfo�rn the duty of any person or organization to provide for the health or safety of workers or the public And we do not warrant that conditions a Are safe or healthful, or b Comply with Isws, regulations, codes or standards 3 Paragraphs 1 and 2 of this candition apply not only to us, but also to any rating, adv�sory, rate service or simdar orgarnzation which makes �nsurance inspections, sunreys, reports or recommendations 4 Paragraph 2 of this condihon does not apply to any mspections, surveys, reports or recommendat�ons we may maks relahve to certification, under skate or municipal statutes, ardmances or regulations, of boders, pressure vesseis or elevators IL 001T 11 98 Copyright, Ins�rance Services Office, Inc , 1998 Page 1 of 2 e E. Premiums The first Named Insured shown in the Declarations 1 Is responsible for the payment of ail premwms, and 2 Wdl be the payee for any retum premiums we PaY F. Transfer Of Your Rights And Dutles Under Th�s Pohcy Your rights and duties under this policy may not be transferred wnthout �ur written consent except m the case of death of an individual named insured If you die, your rights and duties wdi be transferred to your legal representa6ve but only whde acting Hnth�n the scope of duties as your legal representative Untd your legal representative is appointed, anyone having proper temporary custady of yaur property v�nll have your nghts and duties but only with respect to that property Our President and Seeretary have signed th�s policy Where required by law, the Deciarations page has aiso been countersigned by our duly authorized representative f �� Tererwe Shietda. Secre�ry (�'`'`�°G.'' �• � a,+� �. e�od. �a�nc Page 2 of 2 IL 001711 98 k � � � � , i L � � s � k � � � � , � � � s , s � � : � � . F ; � ; �- ) � n Y a t 4 i � k a E r � ����,�������& A S S O C I A T E S, I N C. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENG[NEER[NG CONSTRUCT[ON TESTING AND [NSPECTIONS January 13, 2014 KA Proposal No T14016WAKR1 Page 1 of 2 Ned Lever C[TY OF BREMERTON Publ�c Works & Utilitles Eng Div 3027 Olympus Drive Bremerton, WA 98310 RE: CONSTRUCT[ON TESTING AIYD INSPECT[ON SERVICES EOR: Washmgton Avenue Sewer Improvements C�ty of Bremerton Project No 5313 Bremerton, WA 98310 Dear Mr Lever Tel (360} 473-2398 Fax (360) 473-5398 E-Mail ned lever@ci bremerEon wa us We greatty apprec�ate and thank you for the opportun�ty to subm�t this Proposal and Agreement for Testmg and Inspection services for the above referenced pro�ect at the specific rates as stated below Should you have any quest�ons, please feel free to contact our office We look forward to working with you. The fee charges for pro�ects under thas Agreernent are Scope: Testing and Inspectlon proJect Servlces Unl1s Hourly / Unit Rates Tota! Soils Inspect�on 58 $52 00/hr $3016 00 Nuclear Densometer RentaVSecunty Fee 15 $15 00/ea $225 00 Asphalt Inspect�on 24 $52 00/hr $1248 Q4 Remforced Concrete Inspection 58 $50 00/hr $2900 00 Pro�ect Management 10 $85 00/hr $850 00 Report Prep/Processmg 3" $45 00/hr $135 00 Trip Fee 31 $20 00/ea $620 00 Sample P�ck Up 14 $48 00/hr $672 00 Moistwe Density Relahonship {ASTM D1557} 4 $190 00/ea $760 00 Soil Sieve Analys�s {ASTM C136} 4 $95 00/ea $380 00 Compressive Strength Samples 70 $19 00/ea $1330 00 Asphalt Rice Analys�s 3 $100 00/ea $300 00 Asphait�c Content Hot M�x by Igntt�on Method (ASTM D6307) 3 $235 00/ea $705 00 LA Wear (ASTM C 13 I) 3 $250 00/ea $750 00 Degradat�on Factor (WSDOT 110) 3 $l25 00/ea $375 00 Fracture Face (ASTM D5821) 3 $95 OO/ea $285 00 Sand Equivalent ( ASTM 2419} 3 $95 00/ea $285 00 Totat $14,836.00 � Wit6 Ofiices Serving the Western United States a 1230 Fmn Hdl Road NW Suite A• Pouisbo, WA 98370 •(3b0) 598-2126 • Fax (360) 598-2127 r � � � fi i a � $ b � � � � # � � , � � ; t � � � 5 ,� r f , r � ; y ; 4 4 $ � c ff a a 5 S B t i & i 4 4 � z § s KA Proposal No T14016WAK Washmgton Ave Sewer lmprovements Page No 2 • Pnces are sub�ect to change �f this Agreement �s not executed w�thm thirty (30) calendar days • Krazan & Assoctates, Inc normal work schedule will match typical construct�on �ndustry hours of 7 OOam to 3 30pm • Serv�ces wtll be performed an a"t�me and mater�als" basis Any total est�mates provided aze merely est�mates and are not a guaranteed�maximum price All �nspections performed will be billed on a portal to po�tal basis unless spec�fically noted otherwise Twelve (12) hours nottce of cancellation requ�red on all �obs Additional services requested in addition to the above will be bitled at our current rates Acceptance of Krazan's proposal conshtutes your agreement of Krazan commenctng all work under our standard General Terms and Condittons, attached and mcorporated m full by th►s reference Please review, sign, and forward all related forms to our office within seven (7} business days All work ts subJect to cred�t approvat and a retainer may be required pr�or to commencement of our services Respectfully AS50CIATES, INC. J� �VI Bowers Construction Services Manager Penmsula Division Krazan & Associates, fnc. W�th Offices Servmg The Westem United States