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HomeMy WebLinkAbout6766 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Rhizor's Painting, LLC ("Contractor"), whose mailing address is 2810 205th Ave SW, Lakebay, WA 98349. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: as described in the Bid Documents titled STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2024) 2. TIME OF COMPLETION. Contractor shall complete the work within 60 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 $84,466.20 including 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. 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 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. C. 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. City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 1 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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. 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 City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 2 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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, 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). City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 3 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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. 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 City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 4 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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, 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 D. 4 t t of th State of ` a hingtA�i, Ule 51, Re.4sed Cede of W-a3hington and employer's liability with limits not lcss 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. City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 5 of 8 September 2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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. 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. City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 6 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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 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. L 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. 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 City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 7 of 8 September2024 Docusign Envelope ID:C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC 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. C9NT;' icTOR THE cIT 'y:OF BREMERTON igned tiG ad, K r AA9043E056354A3... BA1-4bU9 EgEI4IB... Print Name: Michael Rhizor Print Name:Greg Wheeler Title: Owner Title: Mayor DATE 9/26/2024 DATE9/26/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Mike Rhizor Angela Hoover 2810 205th Ave SW 345 6th Street, Suite 100 Lakebay, WA 98349 Bremerton, WA 98337 (360) 662-6189 (360) 473-5323 APPI yp AS TO FORM: hylAAtI r4u1a, 52ACB€8 81-B6462... Kylie J. Finnell Bremerton City Attorney AT ,L by: Qv idaa, kbbut r 24EC ED-4E43C4-1-F... Angela Hoover, City Clerk R:ALegal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement(short form)Rev.04 2023.doc City of Bremerton Public Works Agreement Steel Reservoir Exterior Coating Maintenance (2024) Page 8 of 8 September 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC ACKNOWLEDGEMENT OF BID This contract is being bid using the Small Works Roster. The Bidder shall fill out and submit electronically the pages titled BID FORMS as their bid proposal. The Bidder proposes and agrees,if this Bid is accepted,to execute the Public Works Agreement with the City of Bremerton to perform the WORK as specified or indicated in said Request for Bids entitled "STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2024)." The Bidder has examined copies of all the Bid Documents and accepts all of the terms and conditions of the Bid Documents, including any addenda, The Bidder has familiarized itself with the nature and extent of the Bid Documents, the work sites, locality where the WORK is to be performed,the legal requirements (federal,state and local laws, ordinances,rules, and regulations),and the conditions affecting cost,progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. Bidder agrees to all the foregoing,and including all Bid Forms contained in this Bid,and Bidder further agrees to complete the WORK required under the Bid Documents within the Contract Time stipulated in said Bid Documents,and to accept in full payment therefore the Contract Price based on the Total Bid Price. Date: 8/24/20204 Company Name: Rhizors Paintin9)L.LC By: Michael Rhizor! 1I� y d (Printed Name and Signature) Title: owner 604013749 Washington State Unified Business Identification (UBI) Number: Washington State Contractor's Registration Number and Expiration Date: RI-1IZOPL841tvl6 - 09/2025 City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 1/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC BID SCHEDULE STEEL RESERVOIR EXTERIOR COATING MAINTENANCE(2024) The Bid Schedule must be completed by the Bidder by filling in each blank in dollars and cents with numerals only. Failure to do so will render the bid non-responsive and will cause its rejection. Reference Measurement and Payment description in the section Instructions to Bidders for description of bid items.NOTE ON SALES TAX:Washington State Department of Revenue Rule 170 applies to this project. Bids will be evaluated on the basis of the TOTAL BID PRICE. For descriptions of the bid items,see"Measurement and Payment"in the section titled Scope of Work and Project Requirements. BID ITEM NO. ITEM DESCRIPTION COST(Lump Sum) 1 RESERVOIR 10S CLEANING $ 7,450.00 2 RESERVOIR 10N CLEANING $ 12,650.00 3 RESERVOIR 15 CLEANING $ 10,800.00 4 RESERVOIR 16 CLEANING $• 5,500.00 5 RESERVOIR 17 CLEANING $ 5,500.00 6 RESERVOIR 20 CLEANING $ 5,500.00 7 RESERVOIR 21 CLEANING $ 5,500.00 8 RESERVOIR 23 CLEANING _ $ 9,450.00 9 FORCE ACCOUNT $ 15,000.00 SUBTOTAL $ 77,350.00 SALES TAX ON SUBTOTAL @ 9.2% $ 7,116.20 TOTAL BID PRICE (SUBTOTAL PLUS SALES TAX) $ 84,466.20 City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 2/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC BID BOND KNOW ALL MEN BY THESE PRESENTS, That _ as Principal,and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER,"in the sum of dollars, (not less than five percent(5%)of the total amount of the Bid) for the payment of which sum,well and truly to be made,we bind ourselves,our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. WHEREAS,said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled STEEL RESERVOIR EXTERIOR COATING MAINTENANCE (2024). If the Principal is awarded the Bid and,within 14 calendar days after receipt of the Contract Document forms from the OWNER, fails to provide the OWNER with the duly executed Agreement;the duly executed Certificates of Insurance,the duly executed Performance Bond and the duly executed Payment Bond,all as specified in the Contract Documents,then the Surety shall,without condition and within 30 calendar days from written demand from the OWNER,pay to the OWNER in U.S.funds,by certified or cashier's check,the full amount of this Bid Bond.This Bond shall be irrevocable for 90 days after the bid opening,as defined in the Contract Documents. The Surety stipulates and agrees that the obligation of said Surety shall in no way be impaired or affected by an extension of the time within which the OWNER may accept such bid and Surety further waives notice of any such extension.In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Principal and Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED AND SEALED,this day of , 2024 (SEAL) (SEAL) (Principal) (Surety) By: By: (Signature) (Signature) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent: Address for Service of Process (must be a physical address): City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 3/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC NON-COLLUSION AFFIDAVIT STATE OF ) SS: COUNTY OF ) MICHAEL RHIZOR ,being first duly sworn,deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner,directly or indirectly,sought by agreement,communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and further,that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereto,or paid, and will not pay,any fee to any corporation, partnership,company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signed: /Pt-tilt' Subscribed and sworn to before me this ,)-Ce day of 2024 Notary Public in and for the County oft ! ```‘11111Oa`� %% �N . `i•4Q� � EXP. 092' • i 1 State of C ,,� :O N�� PugLIG oV;o (SEAL) ieo��••:........ �� � ,,,, O VsJ �```` City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 4/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC REFERENCES Provide three (3) references for related (e.g. cleaning,coating) or similar projects within the last 5 years performed under the bidder's name as the prime (general) contractor. REFERENCE #1 Project Name and/or Description: SUMMIT EXT REPAINT Agency or Owner: BREMERTON HOUSING Email Address of Agency/Owner Contact: twalgren@bremertonhousing.com Phone Number of Tina walgren (360)616-7165 Agency/Owner Contact: Project Cost: $ 180,000.00 Date Project Completed: 9/10/2024 REFERENCE #2 Project Name and/or Mount Saint Hellens Visitor Center Description: Agency or Owner: Washington State parks Email Address of Agency/Owner Contact: mischa.cowels@parks.wa.gov Phone Number of Agency/Owner Contact: Mischa Co+rrels Project Cost: $ 58,000.00 Date Project Completed: 7/2022 REFERENCE #3 — Project Name and/or Description: Northside dinning Hall Repaint Agency or Owner: W.S.0 /Pollman WA Email Address of Agency/Owner Contact: rholden@wsu.edu Phone Number of Roxanne Holden Agency/Owner Contact: Project Cost: $ 52,000.00 Date Project Completed: 1/2024 • This information may be submitted within 24 hours after the bid opening. City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 5/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC CERTIFICATION BY PROPOSED CONTRACTOR REGARDING EQUAL EMPLOYMENT In accordance with Chapter 56, Laws of 1975 1st Extraordinary Session,Certification regarding Equal Opportunity is required of bidders or prospective contractors and their proposed subcontractors prior to the award of contracts or subcontracts. Rhizors PaintingLLC Name of Prime Contractor Address 2810 205th ave sw Lakebay WA 98349 Internal Revenue Service Employer Identification No. 81-3266722 a. Contractor has participated in a previous contract Yes_No x or subcontract subject to the Equal Opportunity Clause. b. Compliance reports were required to be filed in Yes_No x connection with such contract/subcontract. c. Contractor has filed all compliance reports required by Yes_No Executive Orders 10925, 11114, 11246,or by regulations of the Equal Opportunity Commission issued pursuant to Title VII of the Civil Rights Act of 1964. a. If answer to item 'c' is "no",please explain in detail in the space below. Owner/Operators with no employees CERTIFICATION: I,the undersigned, certify that the information above is true and complete to the best of my knowledge and belief. Rhizors Painting LLC Company Name Michael Rhizor/owner 1 Name a Title of Signer (Please type or print clearly) it/ 8/24/2024 Signature Date City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 6/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC CERTIFICATION OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding$10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments,and that he/she does not permit his/her employees to perform their services at any location,under his/her control,where segregated facilities are maintained.The federally assisted construction contractor certified, further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments,and that he/she will not permit his/her employees to perform their services at any location,under his/her control,where segregated facilities are maintained.The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification,the term "segregated facilities"means any waiting rooms,work area,rest rooms and wash rooms,restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive or area,in fact, segregated on the basis of race,creed,color,or national origin,because of habit,local custom,or otherwise. The federally assisted construction contractor agrees that(except where he/she has obtained identical certifications from proposed contractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he/she will retain such, certification in this file. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. Rhizors Painting LLC Company Name Michael Rhizor/Owner Name and., $tle f Signer(Please type or print clearly) 11/1 8/24/2024 Signature Date City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 7/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC CERTIFICATION OF FEDERAL NON-DEBARMENT AND SUSPENSION INSTRUCTIONS TO BIDDERS: THIS FORM SHALL BE EXECUTED BY THE CONTRACTOR AND SUBMITTED WITH THE BID. THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO PERFORMING ANY WORK ON THE PROIECT. As a prospective contractor for the City of Bremerton and as a requirement of your submittal,you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension"requires that all contractors receiving individual awards or using federal funds,and all sub-recipients certify that the organization and its principals are not debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Government or from receiving Federally-assisted contracts. Your signature certifies that neither you nor your principal is presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. If,at any time during the term of the contract, such condition occurs the Contractor will notify the City without delay. CERTIFICATION: I,the undersigned,certify that the information above is true and complete to the best of my knowledge and belief. Rhizors Painting LLC Company Name Michael Rhizorlowner Na e an tle Signer (Please type or print clearly) 8/24/2024 Signature Date City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 8/9 August 2024 Docusign Envelope ID: C7336FBE-DOD4-4DA9-AF9A-7655DA46D5BC CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date August 27, 2024, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46,49.48, or 49.52 RCW,as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Rhizors Painting LLC Bidder's Business Name Signature of Authorized Official* Michael Rhizor Printed Name owner Title 6/2412024 Lakebay Washington Date City State or Country Check One: Partnership ® Joint Venture ❑ Corporation❑ Partnership ❑ Sole Proprietorship ❑ State of Incorporation,or if not a corporation,State where business entity was formed: If a co-partnership,give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign).If a co-partnership,proposal must be executed by a partner. END OF BID FORMS (9 pages) City of Bremerton Bid Forms Steel Reservoir Exterior Coating Maintenance(2024) Page 9/9 August 2024 ACOREI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/25/2024 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 MSA Service Center NAME: HUB International NW CL SC PHONE ,Ext): (877)204-6827 FAX No): (866)332-4776 MSA Service Center E-MAIL servicecenter@msagroup.com ADDRESS: PO Box 2006 INSURER(S)AFFORDING COVERAGE NAIC# Keene NH 03431 INSURERA: Austin Mutual Insurance Co 13412M INSURED INSURER B: Midvale Indemnity Company 27138M Rhizor's Painting,LLC INSURER C: 2810 205Th Ave Sw INSURER D: INSURER E: Lakebay WA 98349-9211 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y MPJ0581V 07/27/2024 07/27/2025 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B OWNED N/ SCHEDULED CA00020458 08/28/2024 08/28/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED \/ 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 OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 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) RE Steel Reservoir Exterior Coating Maintenance City Of Bremerton is additional insured for ongoing operations per form BP 04 51 "Additional Insured-Owners,Lessees or Contractors-Automatic Status When Required in Construction Agreement With You". CERTIFICATE HOLDER CANCELLATION 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. 345 6TH Street AUTHORIZED REPRESENTATIVE Suite 100 Bremerton WA 98337 � Wi ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP04510106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who Is An A person's or organization's status as an in- Insured in Section II —Liability: sured under this endorsement ends when your 3. Any person(s) or organization(s) for whom you operations for that insured are completed or are performing operations is also an additional the contractor's agreement is terminated. insured, if you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be included as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. BP 04 51 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 0 INSURED COPY