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BRC INC
SESKO PROPERTY CLEANUP - 1701 PENNSYLVANIA AVENUE
COMM DEVEL
SVC
Insurance
Type Amount
GL $2000000.00
AL $1000000.00
VAULT 01/01/2005
Amount
Begin Date
End Date
Review Date
Insurance Total
Insurance Review Date
=l=
=l=
9=
$26500.00
04/23/2003
05/15/2003
02/15/2005 =l=
9=
$3000000.00 ,},
09/01/2004
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4351
BRC INC
SESKO PROPERTY
COMM DEVEL
SVC
CLEANUP - 1701 PENNSYLVANIA AVENUE
Insurance
" Type Amount
-. Press F1 for GL $2000000.00
.. valid insuranceAL $1000000.00
',' type codes
,l,
Amount
Begin Date
End Date
Review Date
$26500.00 ..
04/23/2003
05/15/2003 ..
02/15/2005
Insurance Total
Insurance Review Date
$3000000.00
09/01/2003
Comments
VAULT 01/01/2005
..
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PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and BRC Incorporated ("Contractor"), whose mailing address is
PO Box 2330, Buckley, Washington 98321.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
Removal and disposal of equipment, material, and other items from property identified for clean-
up as directed by the Code Enforcement Officer and as indicated in the Scope of Work attached
as Exhibit A.
2. COMPENSATION. The City shall pay the Contractor the sum of $26,500
(Contract Price), plus any applicable Washington State Sales Tax, for the work and services
contemplated in this agreement and according to the rates indicated in the Scope of Work
attached as Exhibit A. The Contractor shall invoice the City monthly. The City will pay for the
portion of the work described in the invoice that has been completed by the Contractor and
approved by the City. The City payment shall not constitute a waiver of the City's right to final
inspection and acceptance of the project. The Contract Price may be adjusted pursuant to
Section 6. Any adjustments in Contract Price shall proportional to the change in the Scope of
Work.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall
provide the City a performance bond for the full contract amount to be in
effect until sixty (60) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
sixty (60) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & 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 fight 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
PUBLIC WORKS AGREEMENT Page 1 of 8
(between the City of Bremerton and BRC Incorporated)
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
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.
3. 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.
4. TERMINATION. Either party may terminate this agreement for any reason with
or without cause on ten (10) days prior written notice to the other party.
5. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
6. CI-IANGES. The City may issue a written change order 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 an authorized agent of the City within fourteen (14) calendar days of the date Contractor knew
or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Contractor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor
shall proceed with the change order work upon receiving either a written change order from the
City or an oral order from the City before actually receiving the written change order. 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
PUBLIC WORKS AGREEMENT Page 2 of 8
(between the City of Bremerton and BRC Incorporated)
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 change order, another written order, or an oral
order from the City, 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.
PUBLIC WORKS AGREEMENT Page 3 of 8
(between the City of Bremerton and BRC Incorporated)
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written or oral order
(including directions, instructions, interpretations, and determination).
7. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders w/thin 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 6.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.
8. 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 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 fi.om 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.
9. 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
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.
PUBLIC WORKS AGREEMENT Page 4 of 8
(between the City of Bremerton and BRC Incorporated)
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.
10. 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:
1. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commemial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and 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 not 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.
PUBLIC WORKS AGREEMENT Page 5 of 8
(between the City of Bremerton and BRC Incorporated)
The Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City, and the
City shall be given thirty (30) calendar days prior written notice by certified mall, return receipt
requested, of any cancellation, suspension or material change in coverage.
11. 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, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, roles and regulations throughout every aspect in the performance of this
agreement.
C. Work Performed at Contractor's Risk Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor's own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
D. 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 roles 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 9 of this agreement.
PUBLIC WORKS AGREEMENT Page 6 of 8
(between the City of Bremerton and BRC Incorporated)
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
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.
IN WITNESS WHEREOF, the parties below have executed this agreement.
Print N Print Name: Cary Bozeman
Title: ,-~ce.~,~,4¥ ~, Title: Mayor
DATE t.4 - ~ ~,_~.~ DATE ~.,,l$-0 ~
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
BRC Incorporated Janet Lunceford, Code Enforcement Officer
PO Box 2330 286 Fourth Street
Buckley, WA 98321 Bremerton, WA 98337
PUBLIC WORKS AGREEMENT Page 7 of 8
(between the City of Bremerton and BRC Incorporated)
APPROVED AS TO FORM:
Bremerton City Attorney
grren~e-r[on Cit~lerk -
R:~EGAL\Contracts\DCD~BRC Incorporated PW Agr..doc
PUBLIC WORKS AGREEMENT Page 8 of 8
(between the City of Bremerton and BRC Incorporated)
Exhibit A
Scope of Work
1. Intent of the Contract.
The work included in this Contract consists of the handling, compaction, consolidation, loading,
transport, disposal, recycling or recovery of all designated items located at 1701 Pennsylvania
Avenue in Bremerton, Washington. A general listing of the items is listed below.
The Contract includes, but is not limited to providing all materials, labor, equipment, supplies,
and licenses necessary for the removal, salvage, destruction, disposal, recycling and/or recovery
of all items identified below as well as traffic control, containment of hazardous materials, site
security, and the over the road transport of materials for final disposition off the site. The
Contract does not include the removal or handling of hazardous waste not associated with the
removal of identified items.
The salvage value provided in the Contractor's bid shall be credited to the Contract to off-set the
cost of abatement actions.
The work to be completed is as follows:
· As required, obtain pemfits to accomplish all work.
· Mobilize all equipment, materials, and manpower necessary to complete work.
· Prepare work areas at the site for handling and loading materials for off-site transport and
the on-site containment of hazardous materials.
· Remove hazardous materials from vehicles, 'vessels, equipment, and materials (as
required) for the off-sit transport and final disposition.
Use on-site crushing and baling, and/or off-site hauling to remove ALL vehicles, vessels,
equipment, and materials for final disposition. This work may involve disposal, salvage,
recycling, or recovery methods.
· Demobilize all equipment and materials used in the performance of the project, and
restore any damage to the properties that occurs during the project.
· Deduct salvage value from the total cost of completing all work
· Comply with the terms of the Kitsap County Superior Court Order entered in Kitsap
County Superior Court Cause No. 97-2-01749-3, which authorizes the City of
Bremerton's contractor to go onto the property and bring conditions on the property into
compliance with the Court's May 8, 1998 injunction.
This work is being performed under the Kitsap County Superior Court Order attached hereto,
which authorizes the City of Bremerton and their agents (i.e., Contractor) to abate the nuisance
generated from the accumulation of vehicles, vessels, materials, and equipment. Removal of the
vehicles and vessels will require compliance with Hulk Hauling and mar/ne licensing
requirements (WAC 308-65 and WAC 308-93). The city will provide additional license
information and registration, as necessary, for the removal and final disposition of vehicles,
vessels, and materials at the property.
2. Increased or Decreased Quantities.
The Contractor shall document any changes to the quantities of designated items to be removed
from the site. Increases or decreases in quantities that affect the lump sum price, including either
base amount or salvage credit, shall be reported to the City of Bremerton in writing. The lump
Scope of Work
Page 1 of 3
sum amount shall be adjusted to reflect changes in quantities based upon the equivalent of truck
loads or other basis as agreed upon by the parties.
SESKO PROPERTY INVENTORY
PENNSYLVANIA AVE
CONDUCTED MARCH 5, 2003
BY
JANET LUNCEFORD
KEN BROWN
TRUCKS, TRAILERS, CARS, HEAVY EQUIPMENT
Truck, GMC, 18,000 GVW, License HZ 2875, Length = 31'
Truck, International, License LP 5556, with building on truck bed (see bldg description below)
Truck, REO w/o bed, single axle w/dual tires
Truck, GMC, ID No. T17DEAV607507, 30,000 GVW, single axle, blue
Car, Ford Mustang, White, License 806 KUI
Trailer, 20', dual axle, no license, white, ID Tag near door 54315S658
Crane, International truck, 22', dual axle, Boom missing, A Frame hoist on front.
Forklift, Athey Prod Corp, 1975, Model ARTFT-6 Set G1614, 6000# cap, partially dismantled
Service stair, hydraulic, 4 tire, 22' long x 4' wide x 10' high
Boat Gangway, 3.5' wide x 45" tall side rails x 39' long. Alum grating, wood side flooring
BOATS
Boat, 22 ½ foot, wood hull, single axle trailer, WN5936D(loose board), engine, hull cutout
Boat, 16' fiberglass with loose canopy rail supports, WN 9811 E
OTHER EQUIPMENT AND MATERIALS
Green metal building 12.5' x 7' x 6'-10" tall, perhaps originally track mounted
Wooden house, 22' x 16.5' x 7'-8" high w' 3' roof overhang, on truck (see above)
Scrap wood, boat cushion, wire, mist in above wooden building
Truck tires, 4 ea 11.00 - 20, mounted
Truck tire, 1 ea 9R 22.5, mounted
Car tire, 1 ea, mounted
4" dia steel pipe, 2 ea ~ 12.5 feet (setting on hydraulic stair)
Misc grating
Catch Basin, Type 1, 1 ea
Misc steel pipe, 2", 100 feet and 3", 20 feet
Wood beams 10" x 24" x 40' long, 2 ea
Wire rope, 3/8", 40 feet
Barb wire fence holder supports, 3 ea
Concrete floats, foam filled, 8.5' x 3' x 3.5' high, 4 ea
Concrete floats, foam filled, 10' x 5' x 4' high, 3ca
Fence section, chain link, 6.5' x 8' high
Gate, chain link, 4' x 6.5'
BBQ, standard charcoal
Heavy metal troughs or molds or counter weights, 16" x 48" x 15" x 2.5" thick
Ecology block, 6' x 2' x 2', 1 ea
Manhole cover, 1 ea
Scope of Work
Page 2 of 3
Pile of 1-¼ wood concrete forms
Pile of lumber, 4x4, 4x6, 8x8, with 3 pallets
Boat hatch cover, 3.5' x 4.5' x 1.5'
Cyclone fence slats, plastic, 25 ea
PVC robing, ½", 20'
Garden hose
Car battery
Sludge in 5 gallon container, 2 gallons
Safes, 22" x 22" x 36", 2ca
Exhaust pipe with muffler
3" dia rope, rotten, 20 feet
Plastic tubing, 5-1/2", 15' long, 3 ea
2" x 2" angle iron
Plastic tube, 4-1/2", 15' long, 1 ea
Wood plank, 4' x 8' x 10'
Bracket, 2 ½" dia, metal, 10' long, curved with hook on one end
Steel fence posts, 2 ea
Concrete slab, 3' x 6' x 3", 1 ea
Concrete slab, 1' x 6' x 3", 1 ea
Styrofoam floats under fiberglass 16' boat (see above), 4 ea
Plastic flower pots, 30 ea
R:\LEGAL\Contmcts~DCD~Scope of Work.doc
Scope of Work
Page 3 of 3
Rpr 17 03 12:00p
FROM :BREMERTOM CITY ATTORNEY FAX ~. :~68-473-5161 ~?. ~7 ~ ~:~ P2
Ro~ St~lcy
P.O. ~ 2330,
Buekley, WA 98321
De~ Ms. S~ey:
I am writ~ ~$ leU~ ~ oatli~ ~ City of ~n's ~fifion ~ith ~eet
fo~ the b~fl ~ui~ ~ t~ te~ of~e ~t that BRC
Mto ~th the Ci~ for ~ aba~ent work to ~ p~fo~ on ~e S~ko ~r~eny.
Ina~ af req~g BRC to obtMn ~e ~ $ r~u~ ~d~ ~ter 39.08 RCW ~ the
eon~aet, ~e Ci~ will a$~ to withhold fi~ ~r~t (50%) of
sub~i~te 'f~ the ~d, until ~ fla~ a~ ~m~letion of the j~. At t~t ~, if ~e~e ~e no
claims ~ a~mt t~ f~% ~ zeniai~ of ~ m~ey ow~ un~ the con,et ~}1 be ~t
m BRC. ~ ~ ela~s, the ~onion ~held ~ ~ City ~11 ~ held ~til ~ cla~s are
~solv~.
~s letter b~k to me. Once t~s ~ ~n ~1~ ~u may eo~id~ thSs leuer to be your
~Notiee to ~eeed" unfl~ ~e eantnet Plebe call me if you ~ve any qu~fions.
Simon
~si~ Ci~ A~mey