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HomeMy WebLinkAbout5487 ACCEPTANCE OF COMPENSATION & RELEASE OF ALL CLAIMS Pervious Asphalt Parking Lot— Oyster Bay Expansion PH1 Project No. 4513—City Contract No. 5487 Lakeside Industries Inc. hereby indicates agreement with, and acceptance of, the final Contract Payment of $4,459.79 and total Contract Price of $96,952.52, including Washington State sales andlor use taxes, and the final Contract Time of 45 working days, as full and final compensation for all Work performed in connection with Contract Number No. 5487, and does hereby release the City of Bremerton from all claims, liability, demands, damages and actions of any kind whatsoever, arising from performance of that Contract. Lakeside Industries Inc B}� Date: �2 `g l� Title: �p��% /��,�� Certificate of Notary STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) Si>ned and sworn to before me this � day of ��', �Q l,5 by ,�. -No�nrv Senl 64ust Appenr�V�Ihm This Box- , n , /V�� ' yP�,E R STq y9 �� �pTA,q} OD NOTARY PUBLIC, in and for the State � of Washington, residing at�Cp/I(�r�vY� EXpp?�8 My appointment expires -7—�—� � N9�' A�/BL14 �O2 ��F WASN��G AFFIDAVIT OF PUBLICATION Account#342133 AD#664624 STATE OF WASHINGTON COUNTY OF KITSAP � I,Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation 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 August 28,2015 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$59.28. This amount has not been paid in full. v (Signature of Principal Clerk) � Subscribed and sworn to before me this day of September 16, 2015. � NOTARY PUi;LiC STATE OF WASHINGTON CHFi9STV M tVI0��9TT My Appointment Expires July O8, 2016 Notice of Final Completion Notice of final compietion has , � been filed with the City of ` Bremerton on Wednesday, August 19, 2015 by Lakeside Industries, Inc., Issaquah, Washington for contract - PerviousAsphalt Parking Lot, Oyster Bay Exp.PH I,located at 100 Oyster Bay Avenue . N., Bremerton, Washington. Any parties having a claim for materials, labor or dam- ages with reference to this contract have forty-five(45) days from date of publication of this notice to file a claim with the City Clerk, 345 6th Street,Suite 600,Bremerton ' WA 98337. Aug.28,2015 AD#664624 � �+- - Washington State ;��;��>+'>>+"�-�'�_�+` Dcpartment of Revenuc �a.� � �'�(���� PO Box 47474 Olympia,WA 98504-7474 601 106 847 Certificate of Payment of State Excise Taxes by Public Works Contractor LAKESIDE INDUSTRiES I�IC CITY OF BREMERTON PUBLIC WORICS YO BOX 7016 SARAH EDDINGTON ISSAQUAH WA 98027 7016 3027 OLYMPUS DR BREMERTON WA 98310 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 PUBLIC WORKS&UTILI"CIES COMPLEX 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. llated � -�-��O at Olympia, Washington, State of Washington . Department of Revenue Certifying Of c r For tax assistance,visit dor wa gov or call 1-800-647-7706 To inquire about the availability of this document in an altemate fonnat for the visually impaircd, plcase call(360)705-6715.Teletypc(T'fY)users may call 1-800-451-7985 R}:V�I 0025(10-01-02) Srert• ti•�``' r'� 4 Sc � �n c . .� f, �r u'�, � Cy ° '� i9Btl� STATE OF WASHINGTON o DEPARTMENT OF LABOR AND INDUSTRIES �'�� � ��Cr �,�p� ��oe� �Q�o Go� CITY OF BREMERTON PW/S. EDDINGTON ��,�'� ATTN: SARAH EDDINGTON-SR. OFFICE ASSISTANT �ti� 3027 OLYMPUS DRIVE �,� BREMERTON WA 98310 � Certificate of Release of the State 's Lien on Public Works Contracts With this letter , the Washington State Department of Labor � Industrfes approves of your release or payment of the contract amount retained from the following contractor --- LAKESIDE INDUSTRIES INC 700 ,227-00 601 106 847 PO BOX 7016 ISSAQUAH WA 98027-7016 --- related to the following public works contract : PUBLIC WORKS & UTILITES COMPLEX 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 per�entage .** 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 abave . 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 March 28, 2016 at Olympia , Washington . U(�I�K.� Contract elease Specialist , JOLENE SKINNER 360-902-4859 or SKIK235aLNI .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 L8�I 's requirement for affidavits of wages paid . . � � Employm�nt 5ecvri� De�sartmen# b�ir�S�tl!vGTd"j;�!STAtc P.O.Box 9046 Olympia,WA 98507-9046�Fax 360-902-9287 LAKESIDE INDUSTRIES INC )CERTIFICATE OF PO BOX 7016 )PAYMENT OF CONTRIBUTIONS ISSAQUAH, WA 98027-7016 ) PENALTIES AND INTEREST ON ) PUBLIC WORKS CONTRACT ES Reference#: 41542200 3 UBI No: 601106847 AWARDING AGENCY: CITY OF BREMERTON 3027 OLYMPUS DRIVE BREMERTON, WA 98310 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: PUBLIC WORKS & UTILITES COMPLEX. Contract number: N/A Thc 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, Washin�ton on February 2, 2016. EMPLOYMENT SECURITY DEPARTMENT Original - Disbursing Officer Duplicate- Employer Triplicate - Central Office Files Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5487 LAKESIDE INDUSTRIES, INC PWA - Oyster Bay Parking Lot Public Works GS2011-169 Rev. 1 Capital Assets (Non-Real Property) 6/26/2015 9/30/2015 10/1/2015 2016 Comments: Co #1 7/22/15 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: O� PROJECT NAME: Pervious Asphalt Parking Lot — Oyster Bay Expansion PH I PROJECT NO: 4513 ORIGINAL CONTRACT AMOUNT CONTRACTOR: Lakeside Industries. Inc. $ 81,595.38 DAYS: 90 PREVIOUSLY APPROVED CHANGES: 0.00 THIS CHANGE: � REVISED CONTRACT AMOUNT DAYS: � ,�, $ 16,305.00 DAYS: 0 $ 97,900.38 DAYS: 90 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perForm all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o � CONTRACT CONTRACT TIME � n ' AMOUNT AMOUNT EXTENSION � � a� a� � i ($) �$) �DAYS:) � � � � , X Addition: COP #1; Removal and relocation of approximately 800 $ 15,000.00 0 yards of existing soils at south property lot and dump on site. Rough grade of approximately 75 foot X 50 foot area. „ , .; :� :; ,: NET CHANGE IN CONTRACT AMOUNT INCREASE OR (DECREASE) $ 15,000.00 ESTIMATED SALES TAX AT 8.7% $1,305.00 TOTAL INCLUDING SALES TAX $ 16,305.00 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office CONTRACT CHANGE ORDER NO: O� PROJECT NAME: Pervious Asphalt Parking Lot — Oyster Ba Expansion PH I overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. CONTRACTOR: Mike Nys,,Lakeside Industries, Inc. DATE: Z /� PROJECT Recommended: DATE: �-2 z - i S CITY ENGINEER : Thom�`Knuckey �' Council action is required as project cost will exceed approved budget. ❑ Yes X No Council action is required as change exceeds Mayors authority per BMC 2.76.110. ❑ Yes X No Recommended: ��'� DIRECTOR OF PUBLIC Recommended: G MAYOR: Patty Lent roved: C/ G� AND UTILITIES: Chal Martin !�- � � APPROVED AS TO FORM: Bremerton City orney Page 2 of 2 ER: Wayne Ha�ffi�on, Utilities Operations DATE: � / ' � DATE: �' DATE: G/TiZ l`` ATT T: .. City lerk �7Ar—Air AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award of Public Works Study Session Date: 5/27/15 Agreement for the Oyster Bay Facility COUNCIL MEETING Date: 6/3/15 Pervious Asphalt Parking Lot Department: PW&U Presenter: Wayne Hamilton Phone: 473-5207 SUMMARY: Call-For-Bids was prepared, distributed and received in accordance with City Bid Procedures for the Oyster Bay Facility Pervious Asphalt Parking Lot. Two (2) bids were received. The low bidder is Lakeside Industries, Inc. Issaquah, WA. ATTACHMENTS: 1) Public Works Agreement; 2) Proposal; 3) Site Map FISCAL IMPACTS (Include Budgeted Amount): This is a budgeted item in the 2015 CIP STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: Nx Consent Agenda N General Business O Public Hearing RECOMMENDED MOTION: Move to award the Agreement for the Pervious Pavement Parking Lot located at the Public Works & Utility facility at Oyster Bay from Lakeside Paving of Issaquah,WA, in the amount of$75,064.75 which does not include sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Lakeside Industries, INC. ("Contractor"), whose mailing address is PO Box 7016, Issaquah, WA 98027. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Work of this contract includes: • Remove approximately 600 yards of existing soils to the lower parking lot (2,625 sq. ft.) and the upper lay down area (8,610 sq. ft.) and dump on site. Supply and placement of pervious asphalt per City standards and installation of 204 feet of extruded concrete curbing. Project location: Public Works & Utilities Complex, 100 Oyster Bay Avenue N. Bremerton,WA. All construction work shall be complete including performing such incidental or other work as may be necessitated by these operations. 2. TIME OF COMPLETION. Contractor shall complete the work within 90 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 $75,064.75, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. 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 and 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. Defective or unauthorized work includes, without limitation: work and PUBLIC WORKS AGREEMENT—Page I of 9 (Between the City of Bremerton and Lakeside Industries,INC.) materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney's fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: 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 CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for convenience or without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. PUBLIC WORKS AGREEMENT—Page 2 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any . change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. PUBLIC WORKS AGREEMENT—Page 3 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty 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) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) PUBLIC WORKS AGREEMENT—Page 4 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. PUBLIC WORKS AGREEMENT—Page 5 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of the deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. 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. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sexual orientation, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and PUBLIC WORKS AGREEMENT—Page 6 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) 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. Non-waiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If 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. PUBLIC WORKS AGREEMENT—Page 7 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. PUBLIC WORKS AGREEMENT—Page 8 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON S rw- . Print Name: 1PIKe f)Y.s Print Name: 44(17— Title:?R-0:1-6c7- x Title: DAT DATE O Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works and Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: BremertoCi Attor y ATTEST: Bremerton City Clerk PUBLIC WORKS AGREEMENT—Page 9 of 9 (Between the City of Bremerton and Lakeside Industries,INC.) LAKESIDE INDUSTRIES, INC. "AN EQUAL OPPORTUNITY EMPLOYER" WYE? P.O. BOX 7016 ISSAQUAH,WA 98027 Phone(425)313-2600 Fax(425)313-2620 PROPOSAUCONTRACT AGREEMENT I'orl Angeles Division PO Box 728. Port Angeles. WA 08362 (360)452-7803 fax (360)457-7932 CONTRACTING PARTY Date: May 1,2015 JOB No. _Attention: Chris Mottner LOCATION&TYPE OF WORK: City of Bremerton Maintinance Facilities - _ - Pervious Pavement Install _... Oyster Bay Rd. -Bremerton Approximate Unit of Bid Item Quantity Measure Description Unit Price Total Price Mobilization Lump sum $ 21432.00 Remove approx. 600 yards of existing soils to parking lots - (2,623 sq. ft.)& (8,614 sq. ft.)and dump on site. Place Marafi fabric on scarified subgrade and place 8"of permeable ballast rock - Place 2" choker course on top of ballast and static roll. Place 3" pervious asphalt and compact. I Lump sum $ 71,232.75 Install 204' Extruded curbin Lump sum $ 1,400.00 APPROXIMATE TOTAL (Plus sales tax where applicable) $ 75,064.75 Total price to be based on actual quantity or measurement unless otherwise specified. Exclusions: Notes: Lakeside's proposed prices herein assume that Lakeside's work hereunder will be substantially complete on or before: Unless Contracting Party has signed and returned this Agreement within thirty (30) calendar days of the date first stated above, Lakeside's proposal shall be null and void. CONTRACTING PARTYS SIGNATURE ON ONE COPY RETURNED TO LAKESIDE INDUSTRIES. INC.WILL RENDER THIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE ABOVE WORK. CONTRACTING PARTY'S SIGNATURE ALSO ACKNOWLEDGES RECEIPT OF LAKESIDE'S 'NOTICE TO CUSTOMER'STATEMENT ATTACHED HERETO. APPROVED BY CONTRACTING PARTY: LAKESIDE INDUSTRIES.INC. WA.CONTRACTOR'S REG.LAKESI.274JD OR.CCB 108542 BY: _ BY: %'& 744 ce&360-73l-6393 TITLE: -~ TITLE: Pao feet SUBJECT TO THE ATTACHED GENERAL PROVISIONS IJ CVN'r 08 06.27 1 ora Public Works and Utilities Department 100 Oyster Bay Avenue N • Bremerton,WA 98312-3492 (360)473-5920 FAX(360)473-5360 July 17, 2015 Mr. Mike Nys Project Manager Lakeside Industries, Inc. PO Box 7016 Issaquah WA 98027 Subject: Pervious Asphalt Parking Lot— Oyster Bay Notice to Proceed (NTP), Monday, July 27, 2015 Dear Mr. Nys, This letter is hereby your Notice-To-Proceed with the above subject project. According to the executed contract, work shall begin within ten (10) calendar days from the date of this letter, July 27, 2015. The completion date is ninety (90) calendar days after this Notice-To-Proceed date, October 24, 2015. If you have any questions as to this NTP, please do not hesitate to call me at (360) 473-2316. Sincerely, � A. 4�KJj 223 Chris Mottner Project Representative cc: Wayne Hamilton, Utilities Operations Manager Shannon Corin, City Clerk Project File ._.vC