Loading...
HomeMy WebLinkAbout6708 Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A CONTRACT MODIFICATION AGREEMENT NO. 01 BETWEEN THE CITY OF BREMERTON AND MATHEWS ELECTRIC CORP. PROJECT: Boardwalk Electrical Circuitry Replacement CONTRACTOR: Mathews Electric Corp. CONTRACT#: 6708 DATE: July 2,2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Mathews Electric on June S. 2024. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Vendor Services , is modified as follows: Attachment "A" Scope of Work #6 Additional work required to supply lighting to south end of the boardwalk through fifth bollard. Section II. Time of Completion _ , is modified as follows: NO CHANGE. Section III. Compensation , is modified as follows: The original contract amount was $74,146.80 Dollars. The City shall pay the contractor for the updated scope of work#6 in attachment"A", The City shall therefore pay Contractor an amount not to exceed $2,687.42 Dollars for a total amended contract amount of$76,834.22 Dollars, including this Contract Modification. Page 1 of 3 Contract Modification Rev.09/2023 Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A II. Contractor accepts all requirements of this Contract Modification by endorsing below. Contractor further agrees that this Contract Modification constitutes full and final settlement of all of the Contractor's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned contractor approves the foregoing Contract Modification 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 Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification 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 contract modification 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. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. DS 7/17/2024 Public Works Director:Recommended to process (Initials and Date) CONT T ,ned by: THE VI DYUQ dliREMER t ON By. z7 egrem��i nn BY 5-�46095- 61?-eg wheeler Print Name: y Print Name: Its: GM ItS: Mayor 7/17/2024 7/17/2024 Date: Date: APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: � B 144.y ra B a�dF°SA L aowx Y zncBC8381-ae4s2 Y KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Page 2 of 3 Contract Modification Rev. 09/2023 Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Jeremy Linn Matt Donlevcott Mathews Electric Corp. Internal Services Manager PO BOX 309 City of Bremerton Public Works &Utilities Port Gamble, WA 98364 100 Oyster Bay Avenue N. Bremerton, WA 98312 Phone: (360) 473-2316 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.09 2021.docx Page 3 of 3 Contract Modification Rev.09/2023 Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A ATTACHMENT A �■.. CTR■ C CRRP_ 14 115,05sr'1'I A1.. CO wM M11MCiwi tNO6.0 Toni at. �csv . s9s. 10aA. 400 June 28, 2024 City of Bremerton 100 Oyster Bay RD N. Bremerton WA 98312 RE: Bremerton Waterfront Marina Boardwalk Lighting Repair Project Change Order#1. Dear Matt, Please find listed below our cost to perform the requested electrical repair work per the following scope of work. Scone of Work#1: 1. PROVIDE(1) ELECTRICAL FEEDER TO THE EXISTING XFM B-1 TRANSFORMER WITH XHHW CONDUCTORS. a.) Provide all necessary labor and material to replace the existing THHN conductors feeding the transformer B-1 and install new#8 XHHW copper conductors and make final connections. b.) Estimated material costs$1,210.00 c.) Estimated labor costs$5,920.00 d.) Estimated permit fee and certified payroll costs$450.00 e.) Estimated overhead and profit$1,137.00 f.) Estimated sales tax$802.00 Total Cost Scope#1 $9,519.00 Tax included Scope of Work#2: 2. PROVIDE(1) ELECTRICAL FEEDER TO THE EXISTING HEAT TRACE CONNECTION WITH XHHW CONDUCTORS. g.) Provide all necessary labor and material to replace the existing THHN conductors feeding one existing heat trace and install new#8 XHHW copper conductors and make final connections. h.) Estimated material costs$1,382.00 i.) Estimated labor costs$7,030.00 j.) Estimated permit fee and certified payroll costs$450.00 k.) Estimated overhead and profit$1,329.00 I.) Estimated sales tax$938.00 Total Cost Scope#2 $11,129.00 TAX included Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A L'ECTR■ C CE1RP.. Sco:.e of Work#3: 3. PROVIDE(8) ELECTRICAL JUNCTION BOX REPLACEMENTS FOR THE DAMAGED BOXES UNDER THE PIER. m.) Provide all necessary labor and material to replace the existing plastic 8x8 junction boxes under the pier that have failed or are missing the covers. n.) Estimated material costs$1,056.00 o.) Estimated labor costs$12,950.00 p.) Estimated permit fee and certified payroll costs$450.00 q.) Estimated overhead and profit$2,168.40 r.) Estimated sales tax$1,529.50 Total Cost Scope#3 $18,153.90 TAX included Scope of Work#4: 4. PROVIDE(1) ELECTRICAL RACEWAY AND CONDUCTORS TO REFEED POLE LIGHTS. s.) Provide all necessary labor and material to install 40'of new%" PVC conduit and conductors and refeed the existing(2) light poles at the entrance of the USS Turner vessel that was damaged and unable to replace the existing conductors in the raceway. t.) Estimated material costs$429.00 u.) Estimated labor costs$5,920.00 v.) Estimated permit fee and certified payroll costs$450.00 w.) Estimated overhead and profit$1,019.85 x.) Estimated sales tax$719.34 Total Cost Scope#4 $8,538.19 TAX included Scope of Work#5: 5. PROVIDE(1)ELECTRICAL RACEWAY AND CONDUCTORS TO REFEED THE NINTH BOLLARD. y.) Provide all necessary labor and material to install 40'of new%" PVC conduit and conductors and refeed the existing ninth bollard light fixture from the Turner office on the float side of the boardwalk. z.) Estimated material costs$429.00 aa.) Estimated labor costs$5,920.00 bb.)Estimated permit fee and certified payroll costs$450.00 cc.) Estimated overhead and profit$1,019.85 dd.)Estimated sales tax$719.34 Total Cost Scope#5 $8,538.19 TAX included Docusign Envelope ID:4C49EBC9-734E-4AF5-B9F8-3DB45864753A t �. s I1111 II . CARP.. Scope of Work#6: 6. PROVIDE(11 ELECTRICAL JUNCTION BOX AND SPLICE FOR(1) EXISTING BOLLARD LIGHT POST. ee.) Provide all necessary labor and material to install (10)#8 XHHW Copper crimp splice connections in the existing 8x8x4 plastic NEMA 4/12 junction box for the fifth bollard light from the tour office that has only a%" raceway coming up to the fixture from below the pier and requires a splice below to make the final connections with the existing raceways. ff.) Estimated material costs$210.00 gg.) Estimated labor costs$1,480.00 hh.)Estimated permit fee and certified payroll costs$450.00 ii.) Estimated overhead and profit$321.00 jj.) Estimated sales tax$226.42 Total Cost Scope#6 $2,687.42 TAX included The additional scopes of work listed above are based on the current conductor replacement project contracted with the City of Bremerton and based on the Mathews Electric proposal dated June 3rd,2024, REV#1 Estimate #113879 REV1.The additional scopes of work are based on the section of the boardwalk from the existing electrical service equipment&restrooms north to the end of the boardwalk with the tour office.Any additional conduit repairs or replacements from south of the existing electrical service equipment&restrooms will be generated into an additional cost change order for review and approval. Please call if you have any questions or if we may be of any further assistance. Yours truly, Mathews Electric Jeremy Linn Change Order#1 Authorization of additional scope of work listed above Dated 06-28-2024: DATE: Acceptance Signature Printed Name DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 0,0 I - � �- -��!I [ITT Oi -JI BREMERTON Executive Correspondence Routing Memo Date: 6/4/2024 Description: Public Works Agreement with Mathews Electric Corp. for the repairs and installation of new boardwalk electrical circuitry. Total contract amount is$74,146.80. This project is funded by the Facilities CIP budget. Action Requested: Agreement Signatures. Originator: Matt Donleycott, Internal Services Manager Coordination /Approval / Recommendation: Internal Services Manager: Recommended Initials/date Ivy '/1-1 Public Works Director: Recommended Initials/da !�` /211 Contracts Administrator: LASERFICHE Finance: LASERFICHE City Clerk: Signature LASERFICHE/DOCUSIGN City Attorney: Signature LASERFICHE/DOCUSIGN Mayor: Signature LASERFICHE/DOCUSIGN Please return to Public Works, Attn: Matt Donleycott Legal green sheet attached. Public Works&Utilities 1100 Oyster Bay Ave.N.,Bremerton,WA 98312*Phone(360)473-5315*Fax(360)473-5018 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation("City"), and Mathews Electric Corp. ("Contractor"), whose mailing address is PO BOX 309, Port Gamble, WA 98364. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Provide work detailed on attached work proposal dated June 3rd, 2024. 2. TIME OF COMPLETION. Contractor shall complete the work within 30 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 $67,900.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) 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. 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 thirty (30) 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 Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 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 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 PRECLUDE ALL 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 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 sub- contractors 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. Public Works Agreement with Matthews Electric Corp. Rev. 04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 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. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 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 Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 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 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). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 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 7.A.2.a.-e. Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 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 defects are corrected, the warranty for that portion of the work shall extend for one year from 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 Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning 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 $1,000,000 combined single limit per occurrence 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 C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and B. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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 6th Street, Suite 100, 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. Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity.Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. 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. D. 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. E. 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 F. 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. G. 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 Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 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. H. 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. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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. K. 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. L. 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. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension& Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement,that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Public Works Agreement with Matthews Electric Corp. Rev. 04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 FOR PROJECTS IN EXCESS OF S10,000 USE THE FOLLOWING or FOR WATER MAIN CONSTRUCTION PROJECTS IN EXCESS OF S15,000: O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR caeybyOF BREMERTON 1-DocuSigned by: y D715B4OOAE94o4...Jeremy Linn i rlea E E74�°... Print Name: Print Name: Greg Wheeler Title: GM Title: Mayor DATE 6/5/2024 DATE 6/5/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Matt Donleycott 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-2316 APPROVED AS TO FORM: DocuSigned by: 52H1.RE83ErrEsu4oz... Kylie J. Finnell Bremerton City Attorney ATTEST: DocuSigned by: at. fkbox -24E�75-E-74 E4 5 C,4TF... Angela Hoover, City Clerk Public Works Agreement with Matthews Electric Corp. Rev. 04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement(short form)Rev.04 2023.doc Public Works Agreement with Matthews Electric Corp. Rev.04/2023 DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 ` 'lit 4 A IE CORP.. lit K SF,Fltl,«M A`!i•.. at"+6M MINA .11. L tIMAM P%-fr0% ,A4. June 3Fd,2024 REV1 City of Bremerton 100 Oyster Bay RD N. Bremerton WA 98312 RE: Bremerton Waterfront Marina Boardwalk Lighting Repairs. Dear Rob, Please find listed below our cost to perform the requested electrical work per the following scope of work. Scope of Work: 1. PROVIDE ELECTRICAL REPAIRS BASED ON SITE INVESTIGATION PERFORMED 05-29-2024. a.) Provide all necessary labor and material to perform the following repairs based on the site investigation performed on May 29',2024. b.) Provide replacement of the existing branch circuitry for the(4)in ground light fixtures, (47)Ballard light fixtures,and(13)light pole fixtures. c.) Provide new XHHW copper conductors as requested. d.) Provide miscellaneous stainless-steel hardware that will be required to reinstall the existing light fixtures as needed. e.) Provide small skiff float to allow us access under the boardwalk as needed. f.) Provide testing of replaced circuitry. g.) Prevailing wage labor and certified payroll is included in the quote. h.) Quote based on utilizing all the existing raceways as required. i.) Quote is based on today's wire costs and subject to change. j.) Quote based on Labor and Industries approving the existing junction boxes below deck. (Datum plane unknown). k.) Electrical permit included in the quote. I.) Work to be performed Monday-Friday 7am-3pm. Total Cost $67,900.00+TAX DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 L.WCTFR■ E CARP,. [MMMM CI S. l0011:10 u_.•K.A.A. a IS. v . s 8sv Exclusions/Clarifications: • Quotation firm for thirty days. • Quotation does not include sales tax. • Quotation does not include new branch circuitry breakers if required. • Quotation does not include Performance bond and bid bond if required. • Quotation does not include 277V breakers or controls if required. • Quotation does not include the required moorage to complete this work, City to provide laydown area. • Quotation does not include replacement raceways,junction boxes, or repairs to adjacent lighting system if required. • Quotation does not include Puget Sound Energy fees or engineering fees if required. • Quotation does not include after-hours or weekend work if required. • Quotation does not include concrete cutting, coring,trenching, backfill or patching if required. • Patching and painting may be required and is not included in this quotation. • One-year warranty on all labor and materials supplied by Mathews Electric. • Electrical code upgrades that may be required are not included in the quotation. • The proposed work may involve performing work in finished areas. Mathews Electric cannot be held responsible for damage due to pipes,wood blockages,wires or vents hidden in walls/ceilings(concealed conditions)when drilling or cutting is required in the proposed scope of work. • Payment Terms: Net ten days. Monthly progress invoicing for all labor and materials delivered to the jobsite. Net ten day upon completion of the work. 18%per annum charged on all delinquent accounts at the rate of 1 '/z%per month for unpaid balance. Please call if you have any questions or if we may be of any further assistance. Yours truly, Mathews Electric Jeremy Linn EST#113879 REV1 I ACKNOWLEDGE RECEIPT OF DISCLOSURE STATEMENT ON BACK OF PROPOSAL ANtrAtct' F •OPOSAL AS NOTED ABOVE: 6/5/2024 DATE: Ns-BAF46095E8E747B... Acceptance Signature Greg Wheeler, Mayor Printed Name 000uSign Envelope ID:41E2F14o-7oon-47FO-oon4-5noo4noA4A4n —_=.--~~ 4% 4:m SD as . 11 as Disclosure Statement Notice boCustomer Mathews Electric Corp. ioo registered contractor with the state of Washington, registration #MATHEEC886C8, and have posted a bond as required by law for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of our contractor's registration is February 28. 2026. THIS BOND MIGHT NOT BE SUFFICIENT TO COVER CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond is not for your exclusive use because 'It covers all work performed by Mathews Electric Corp. The bond is intended to pay all valid claims that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period oi time to provide protection to you and help ensure ihat your project will be completed as required by your contract. YOUR PROPERTY MAY BEL|ENED if a supplier ol materials used in your construction project or ar, employee or subcontractor of our contractor or subcontractor is not paid, your property may be liened to force payment and you could pay twice for the same work. ORIGINAL"LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR AT YOUR PROJECT WHO HAVE SENT YOU A PRELIMINARY LIEN NOTICE The contractor'is required to provide you with further information about lien release documentation if you request it. General information is also available from the state Department of Labor and Industries The contractor must retain oaignod copy mf the disclosure statement in their files for amininnurn ofthrea years and produce a signed or electronic signature copy of the disclosure statement to the depa,,tment upon request. DocuSign Envelope ID:41 E2F143-7329-47F0-B054-553D49DA4A45 Matt Donleycott From: Mychael Raya Sent: Tuesday,June 4, 2024 11:20 AM To: Matt Donleycott; Melinda Monroe Cc: Vanessa Acierto Subject: RE: 240262 Emergency repair Bremerton Waterfront Marina Boardwalk electrical/lighting repairs -FW: expedited contract review Attachments: 240262 (Emergency PWA).pdf Matt— All of the contract documents look fine to me.That said, based on the cost here, I'm assuming this is something that you would normally utilize the small works roster process for?And based on the fact that it is an emergency, I'm assuming that process was waived? In the event of an emergency,that action is fine, but the statute(RCW 39.04.280)says that if a contract is awarded without competitive bidding due to an emergency, "a written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract." An emergency is defined as: "(3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or(b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken." It seems as if this would qualify, so I'm not concerned about that aspect. But there is really no explanation in the statute or anywhere else that I can find as to what"duly entered of record"consists of. I've copied Melinda on here because this has occurred in the past, so I'm wondering if she remembers what we did to enter the contract into the record?I believe this happened one time with a BPD security gate and we worked with Chris M. on that. Regardless, I think you should prepare a memo detailing why this is an emergency(it can be relatively short), I think Tom Knuckey should sign off on it, and we can work on determining what should be done to enter this into the public record. I've attached the green sheet approving the contract so that you can keep this moving. Thanks, Mychael Mychael Raya Assistant City Attorney City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 360-473-2345 From:Vanessa Acierto<Vanessa.Acierto@ci.bremerton.wa.us> Sent: Monday,June 3, 2024 4:52 PM To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us>; Melisa Folmer<Melisa.Folmer@ci.bremerton.wa.us> 1 „ ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/03/2023 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Leah Gallagher CISR,CIC NAME: Brown&Brown of Washington,Inc. PHONE (206)956-1600 FAX (206)956-9604 (A/C,No,Ext): (A/C,No): 701 Fifth Ave Ste 550 E-MAIL Leah.Gallagher@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98104 INSURER : Hudson Insurance Company 25054 INSURED INSURER B: Medicine Creek Enterprise Corporation INSURER C: Nisqually Communication Services Govt.Corp. INSURER D: 12820 Yelm Highway SE INSURER E: Olympia WA 98513-9105 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-25 GL,AL 23-26 WC 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. IPOLICY EFF POLICY EXP NSR ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD ( ) ( ) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 10,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ Excluded A NAC L00767-10 07/01/2022 07/01/2025 PERSONAL&ADV INJURY $ 10,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 12,000,000 PRO- 10,0 0,0 000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 10,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED NACL00767-10 07/01/2022 07/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED ie NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER STATUTE X OTH- ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 5,000,000 A OFFICER/MEMBER EXCLUDED? N/A OBH PTH272684334 10/01/2023 10/01/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 5,000,000 If yes,describe under 5,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Evidence of Insurance ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ti5.. ti•,' ma ti � 177 "1 STATE OF IFIASHINGF ON Department of Labor& Industries Certificate of Workers' CCompensation Coverage June 5, 2024 WA UBI No. 603 177 950 L&I Account ID 230,263-00 Legal Business Name MATHEWS ELECTRIC CORPORATION Doing Business As MATHEWS ELECTRIC CORPORATION Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 1 of Year 2024"21 to 30 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? Yes License No. MATHEEC886C8 License Expiration 02/28/2026 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .12.050 and 51 .16.190).