039-21 - Resolution - Contract with Westmark Construction for the Library Exterior/Interior Wall ReparRESOLUTION NO. O39-2L
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C061.21 WITH WESTMARK CONSTRUCTION,
lNc. FoR THE L|BRARY EXTERIOR/|NTER|OR WALL REpAtR PROJECT AND
DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT
PROCEDURES.
WHEREAS, on April 13,2027, the Kitsap Regional Library located at 87 Sidney Ave was
damaged by a vehicle accident on the westward facing exterior/interior wall, resulting in
needed repairs; and
WHEREAS, as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public
Works Roster; and
WHEREAS, on April 27,2O2L, pursuant to RCW 39.04.155, the City's Public Works
Department established a roster of qualified contractors for this project from the 2021 Small
Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category - Concrete
and Masonry, Facility Construction, Repair, and Maintenance and Sub-Category - Masonry
Construction, Carpentry- lnterior, Carpentry- Rough, Maintenance and Repair; and
WHEREAS, on April 27,202!, and pursuant to Resolution No.019-17, Section 5.0 Bid
Procedures, the City's Public Works Department issued an email lnvitation to Bid for the Library
Exterior/lnterior Wall Repair Project (lTB) to all the contractors on the selected roster and also
posted the ITB to the city's website; and
WHEREAS, on May L2,202L, the City's Public Works Department received two (2) bids,
and Westmark Construction, lnc. was deemed the apparent responsive and qualified low Bid
for the Library Exterior/lnterior Wall Repair Project; and
WHEREAS, on May 12,2O2L, the City's Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist and confirmed Westmark Construction, lnc. as the
lowest responsive and qualified bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Resolution No. 039-21
Page 2 of 2
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C061-21 with Westmark Construction, lnc. for the Library Exterior/lnterior Wall Repair
Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this
reference.
THAT:
hereon.
The Resolution shall take full force and effect upon passage and signatures
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested bythe City Clerk in authentication of such passage on this 22nd day of June 2O2t.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rin n, MMC, City Clerk
Brian Johnson bjohnson@westmarkconst.com
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance, Provided,
that if the Contractor bccomes involved in, or is thrcatened with litigation by a subcontractor, or
supplier bccause of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into thc litigation to protect the intcrests of the United States.
IN WTTNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Robert Putaansuu, Mayor
So
Its
ATTEST/AUTHENTTCATE:
Brandy Rinearson,City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
City of Port Orchard and llestmark Construction, Inc.
Puhlic Worlrs Project No. PW2021-016
Small lVorks Contract No. C06I-21
Page 4 of23
Rlev 7/23/2020