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HomeMy WebLinkAbout5714AGENDA BILL CITY OF BREMERTON CITY COUNCIL 9 SUBJECT: Public Works Agreement with Study Session Date: August 9, 2017 Kemron EnIvironmenfM Services for Modified COUNCIL MEETING Date: August 16, 2017 Clean-up of the Small Arms Range (SAR) Department: PW&U/Forestry located in the Bremerton Watershed Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: dIn December 2016, we completed the Feasibility Study on a modified clean-up of the Bremerton Police Small Arms Range (SAR). The modified';', clean-up consists of the removal and recycling of approximately 10,000 tires, the mining of the soils for brass casings and lead slugs that will also be recycled, and the excavation and treatment of the soils within the SAR. Requests for proposals were sent to eight environmental firms that were selected from the MRSC Roster. We received one (1) proposal from Kemron Environmental Services in the amount of $139,368.00 plus WA State sales tax & shipping, which meets our required scope of work. ATTACHMENTS: 1) Public Works Agreement 2) Scope of Work 3) Proposal Cover Letter 4) Certification of Compliance 5) Certificate of Liability Insurance 6) Insurance Documents 7) Site Map 8) Purchase Quotation Sheets FISCAL IMPACTS (Include Budgeted Amount): $200,000 budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing 11 RECOMMENDED MOTION: Move to approve the Public Works Agreement with Kemron Environmental Services for Modified Clean-up of the Small Arms Range located in the Bremerton Watershed in the amount of $151,911.12 including Washington State sales tax and shipping; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ® Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and KEMRON Environmental Services ("Contractor"), whose mailing address is P.O. Box 274, Vaughn, WA 98394. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: All services described in the Scope of Work, attached hereto as Exhibit A and incorporated herein, and as further described in the KEMRON Environmental proposal cover letter dated August 2, 2017, attached hereto as Exhibit B and incorporated herein. 2. TIME OF COMPLETION. Contractor shall complete the work within one hundred & eighty(180) 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 $139,368.00, 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 and approved by the City. The City's 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 forty-five (45) 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 forty-five (45) days after the date of final acceptance,_ or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and 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 PUBLIC WORKS AGREEMENT —Page 1 of 10 between City of Bremerton and KEMRON Environmental Services legal costs and attorney 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 MAKING 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. ,i i 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 disability 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 good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement 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 PUBLIC WORKS AGREEMENT — Page 2 of 10 between City of Bremerton and KEMRON Environmental Services 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 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 a written work change directive or 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 work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) 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. 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, PUBLIC WORKS AGREEMENT — Page 3 of 10 between City of Bremerton and KEMRON Environmental Services 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 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 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) 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 TA.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 City's acceptance of the Contract work. When PUBLIC WORKS AGREEMENT — Page 4 of 10 between City of Bremerton and KEMRON Environmental Services 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 officer, 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 caused by the City's sole 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 of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence PUBLIC WORKS AGREEMENT — Page 5 of 10 between City of Bremerton and KEMRONEnvironmental Services U and $2,000,000 general 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); and employer's liability. 3. Excess Liability insurance with limits riot less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. 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 Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6a` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies 122. 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, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. PUBLIC WORKS AGREEMENT — Page 6 of 10 between City of Bremerton and KEMRON Environmental Services 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. Nonwaiver 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. 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 PUBLIC WORKS AGREEMENT — Page 7 of 10 between City of Bremerton and KEMRON Environmental Services between the parties. Should any language in any Exhibit to this agreement conflict with any language'coritained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR Print in : J M. Dwyer Title. Executive Vice President DATE 8/2/2017 Notices to be sent to: CONTRACTOR: Mark Roberts, PMP KEMRON Environmental Services P.'O. Box 274, Vaughn, WA 98394 R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc THE CITY OF BREMERTON Print Name* �vv� Title:— LYLIJ — DATE 20 PUBLIC WORKS AGREEMENT — Page 8 of 10 between City of Bremerton and KEMRON Environmental Services Notices to be sent to: CITY OF BREMERTON: Pat Coxon 1600 Oyster Bay Ave. S Bremerton, WA 98312 (360) 473-5448 (360) 473-5455 (facsimile) APPROVED AS TO FORM: Bremert Ci Attorne AIT,',: Bremerton City Clerk PREVAILING WAGES KEMRO-1 OP ID: KH ,d►CC�/�L�° CERTIFICATE OF LIABILITY INSURANCE DATE(M1120 07/31 /20 7 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Chris Wortham H&H Insurance Services, Inc. 3160 Campus Drive, Suite 100 Norcross, GA 30071 CONTACT Kim Haynes AIC, N Ext : 678-252-1469 A/c, No): 866-348-8540 E-MAIL KHa nes hhinsur.com ADDRESS: y INSURER(S) AFFORDING COVERAGE NAIC # Christopher B. Wortham INSURER A: Illinois Union Insurance Co. 27960 INSURED KEMRON Environmental Services, Inc 1359-A Ellsworth Industrial BI INSURER B: Starr Indemnity & Liability Co 38318 INSURER C: Star Surplus Lines Insuranc INSURER D Atlanta, GA 30318 INSURER E : } X INSURER F: G24199575 007 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE N OCCUR X X G24199575 007 04/01/2017 04/01/2018 DAMAGE300 000 $ PREMISES Ea occurrence r X MED EXP (Any one person) $ 10,000 CGL Ded. $25.000 PRIMARY AND X,C,U PERSONAL & ADV INJURY $ 1,000,000 X NON CONTRIBUTORY AGGREGATE LIMIT APPLIES PER: POLICY PRO - ECT F—] LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 OTHER: AUTOMOBILE LIABILITY W BINEDtSINGLE LIMIT $ 11000,000 B X ANY AUTO X X 1000199022171 04/01/2017 04/01/2018 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C X EXCESS LIAB CLAIMS -MADE X X 1000336450171 04/01/2017 04/01/2018 AGGREGATE $ 10,000,000 DED X I RETENTION $ "0" $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? N / A 100 0001220 04 04/01/2017 04/01/2018 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EXCL MONOPOLISTIC STATES* E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional and G24199575 007 04/01/2017 04/01/2018 $1 MM/$2MM 25,000 Ded Pollution DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured status provided by Forms ENV3101 and ENV3226, copies attached. CERTIFICATE HOLDER CANCELLATION BREMERT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Oyster Bay Ave. S AUlrvtti"�"�t U,TTHO�RIZpED REPRESENTATIVE 0` Bremerton, WA 98312 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD fp Named Insured Endorsement Number Kemron Environmental Services, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G24199575 007 04/01/2017 to 04/01/2018 04/01/2017 Issued By (Name of Insurance Company) Illinois Union Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT — PRODUCTS -COMPLETED OPERATIONS HAZARD PRIMARY & NON-CONTRIBUTORY / THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: v COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, as required by written contract executed prior to a claim or occurrence. (If no entry appears above, information required to complete this .endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products -completed operations hazard. Furthermore, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. All other terms and conditions remain the same. ENV -3226 (10-08) ©Chubb. 2016. All rights reserved. Page 1 of 1 r E Named Insured Kemron Environmental Services, Inc. `Endorsement Number "' ' Policy Symbol Polley Number Policy Period Effective Date of Endorsement GLW GW99575007 04Y01/2017to 04/01/2018 04/01/2017 Issued By (Name of Insurance company) Illinois Union Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) S � f This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, as required by written contract executed prior to a claim or occurrence. (if'no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but,only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect:to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those.designated above under any other third party liability policy. ENV -3101 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Bond No. 0208643 TM .10 AIADocument 312 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal'status andprincipal place KEMRON Environmental Services, Inc. of baisiness) s DELETIONS: DNS.ANthor The 1359-A Ellsworth Industrial Blvd. Berkley Insurance Company auuof this document has The a Atlanta, GA 30318 475 Steamboat Road added information heeded. its Greenwich, CT 06830 hormay also completion. The author OWNER: have revised the'text'of,the original (Name, legal status and address) AIA standard form. An Additions and Deletions Report that notes added City of Bremerton Public Works and Utilities information -as well as revisions to the 1600 Oyster Bay Avenue South standard form -text is available from Bremerton, WA 98312 the author and should be reviewed. A CONSTRUCTION CONTRACT vertical line in the left margin of this Date: U8 — 1'7— 2017 documentindicates where the author Amount; $Jne Hundred Thirty Four Thousand Eight Hundred Forty Six And No/100 ($134,846.00) has added,necessary information Description: and•where the,author has added to or (Name and location) deleted from the•original AIA.text. Modified Clean -Up of the City of Bremerton Police Department Small Arms Range This document has important legal consequences, Consultation with•an BOND attorney is encouraged with respect i Date. Q 2 3 '-2 a / 7 to its completion or modification. (Not earlier than Const/7iction Contract Date) Any singular reference to Contractor, Surety, Owner orotherparty shall be Amount: $One Hundred Thirty Four Thousand Eight Hundred Forty Six And No/100 ($134,846.00) considered plural where applicable. Modifications to this Bond: ,�✓,_� None , y� See Section. 18 CONTRACTOR AS PRINCIPAL SURETY Com'pany: (Corporate Seal) Company: (Corporate Seal) KEMRON Environmental Services, Inc. Berkley Ins ce Company Signature:. Signature: Name andLJ n M. er Name and Derek Worttiam Title: elide t Title: Attorney -In -Fact (Any additidhal signatures appear'on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Ar hitect, Engineer or other party:) H & H Insurance Services, Inc. 3160 Campus Drive, Suite 100 Norcross, GA 30071 (678) 252-1464 AIA Document AM1 — 2010 Payment.Bond. The American Institute of Architects. All rights reserved. WARNING: This AIRF' Document protected.by Inst. U.S. Copyright. Law and International Treaties. Unauthorized reproduction or distribution ofthis-AlA' Document; or any portion. of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under" the taw. This document was produced,by AIA'software at i 13:34:54 on 0310312011 under Order No.9766751786_1 which expires on 12/21/2011, and is not for resale. User Notes: (1682657892) § 1 The Contractor and Surety, jointly and severally,, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and. -equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants; and defends,, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking.paymentfor labor,.rnaterials or equipment furnished for use in the performance of the Construction Contract, then.the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under.the Construction Contract, the Surety's obligation.to.the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and. the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend; indemnify and hold harmless the Owner against a duly tendered claim, demand, lienor suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor,. .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount.claimed and the name of the party to whom:the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or.equipment included -in the Claim; and .2 have sent a Claim to the Surety, (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever_is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Payor arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7;2.shall not°be deemed to constitute a waiver of defenses the.Surety or Contractor may have or acquire'as to -a Claim, except as.to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety.fails to discharge its obligations under Section -7.1 or Section 7.2, the Surety shall indemnify the.Claimant for the:reasonableattorney's fees the Claimant incurs thereafter to recover any sums found to be due and-owing,to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus "the amount of reasonable: attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Cori struction.Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to usethe funds for the completion of the work. Init. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. AJI rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized.reproduction or distribution of this AIA' Document, or any portion of it, may resuit.in 2 severe civil, and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at J 13:34:54 on 03/03/2011 under Order No.9766751786_1 which expires on 12121/201.1, and is not for resale; User Notes: (1682657892) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The. Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligatiowto make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant -under this Bond other than in a court of competent jurisdiction.in the state in which the project that is, the subject of the Construction Contract is located or after the expiration of one year from the date (1) on whicli the Claimant sent a Claim to the Surety'pursuant to Section 5.1.2 or 5.2, or (2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished'by anyone under the Construction Contract, whichever of (1) or (2) first occurs, if the provisions of this Paragraph are void or prohibited'by.law; the minimum,period of limitation. available to sureties as a.defense.in the jurisdiction of the suit shall be applicable: § 13 Notice and Claims to the Surety, the Owneror the Contractor shall be mailed or delivered to the address shown on the page on which their, signature appears.,Actual receipt of notice or Claims, however. accomplished, shall be sufficient compliance as of the date received, § 14 When this Bond has been furnished to comply -with a statutory or other legal requirement in the -location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed. deleted herefrom and.provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be,construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment; furnished; .3 a copy of the.agreement or purchase order'pursuant'to which.aabor, materials or equipment was furnished for use in the performance of the Construction .Contract; .4 a brief description of the labor, materials or equipment furnished;. .5 the date on which the Claimant last,perfonned labor or last -furnished materials or equipment for use in the performance of the. Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim.. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the. Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that -has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this,Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and.engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § .16.3 Constru ctio n, Contract. The agreement between the Owner and Contractor identified on; the cover page, including all Contract Documents and all changes made to the agreement and the Contract.Documents. AIA Document A312Tm — 2010 Payment Bond. The American Institute of Architects. All rights reserved: WARNING: This AIA" Document is protected by Init. U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possiple.under the law. This document was produced by software at 1 13:34:54 on 03/03/2011 under Order No.9766751786_1 which expires on 1212112011, and"is not. for resale, User Notes: (1682657892) , . 1 § 16.4 Owner Default. Faiiure,of the Owner, which has not -been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with •the:other material terms of the Construction Contract. § 16.5 Contract Documents. All thedocuments that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and,the term. Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS.PRINCIP:AL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312 TI — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA'Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be.prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 13:34:54 on 03/03/2011 under Order No.9766751786_1 which expires on 12/21/2011, and is not,for resale.: User Notes: (1682657892) No. BI -137b POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted cu and appointed, and does by these presents make, constitute and appoint: Christopher B. Wortham; Jerry Boutwell, Shirley A. ct Coleman; or Derek Wortham of H & H Insurance Services, Inc. of Norcross, GA its true and lawful Attorney -in -Fact, to sign its c name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following F) > resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein L to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the ° corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such 3 attorney-in-fact and revoke any power of attorney previously granted; and further °o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, ;E or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the s manner and to the extent therein stated; and further > RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and _ c further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any a_ power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or Y other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have °o ceased to be such at the time when such instruments shall be issued. CA IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its 0 o corporate seal hereunto affixed thisrday of� 2016.. o Attest: / Berkley Insurance Company 'Seal) By / BY o Ira S. Ledermanfte J f . Har o Senior Vice President & Secretary or ice President �° WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE LOBERKLEY" SECURITY PAPER. o F - 0 Q STATE OF CONNECTICUT) y ._ E ) ss: ° COUNTY OF FAIRFIELD N °� Sworn to before me, a Notary Public in the State of Connecticut, thiso)f% day of 2016, by Ira S. Lederman and C Y Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Se retary and he Senior �c President, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN c NOTARY PUBLIC/��'B MY COMMISSION EXPIRES Notary Public, State of Connecticut ° APRIL 30, 2019 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of " Attorney is attached, is in full force and effect as of this date.2 j� r � Given under my hand and seal of the Company, this p 3 day of bi% 0 /7 - (Seal) Andr uma CITY OF BREMERTON CHANGE ORDER PROJECT NAME: Small Arms PROJECT NO: 5714 ORIGINAL CONTRACT AMOUNT: PREVIOUSLY APPROVED CHANGES: THIS CHANGE: 57/x/ CONTRACT CHANGE ORDER NO: One age Clean -Up CONTRACTOR: KEMRON Environmental Services Inc. $139,368.00 DAYS: 180 0.00 DAYS: 0 $0.00 DAYS: 180 REVISED CONTRACT AMOUNT: $139,368.00 DAYS: 360 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT C) CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) 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 X Work Change Directive #1 — Changes in contract time, from 180 $0.00 180 days to 360 days. The contract extension was requested by KEMRON and the City agrees, as the site soils were too wet to screen the slugs out effectively. KEMRON will return to the site and finish the screening process once the soils dry out. NET CHANGE IN CONTRACT AMOUNT $0.00 180 INCREASE OR (DECREASE) ESTIMATED SALES TAX AT 9.0% $0.00 TOTAL INCLUDING SALES TAX $0.00 360 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 �� CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Order, including, without limitation, claims related to contract time, on-site or home office 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 — KEMRON Environmental Services, INC — Mark Roberts 0�.4' Approved: DATE: 14 Feb 2018 PROJECT MANAGER — Pat Coxon Recommended: DATE: 0-jz CITY ENGINEER Council action is required as project cost will exceed approved budget. ❑Yes N Council action is required as change exceeds Mayors authority per BMC 2.76.11 . ❑ Yes • 0 Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES — Chal Martin Recommended: l/ ATE: MAYOR — Greg Wheeler Approved: DATE: 7-11-1/1J6 10% APPROVED AS TO FORM: Bremerton City At me Page 2 of 2 ATTEST: City Clerk