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
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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