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HomeMy WebLinkAbout4703 Contract Number: 4703 Vendor: WRS SEATTLE LLC Subject: Roof Repair Work - Glenn Jarstad Aquatic Center Department: Parks File Class: LEG 12-1 Begin Date: 03/10/2008 End Date: 05/31/2008 Review Date: 02/15/2010 Vault Date: 01/01/2010 Comments: CONTRACT The City of Bremerton ("City") and WRS Seattle, LLC ("Contractor) enter into the following agreement: Witnesseth: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall perform all work and furnish all labor, tools, materials and equipment to repair the asphalt roof section and flashings, the metal roof section fasteners, installation of crickets for the existing skylights, and roofing the Boiler Room roof as identified in the attached quotation dated January 21,2008 include herein as Attachment B. All work is to be performed at the Glenn Jarstad Aquatic Center located at 50 Magnuson Way, Bremerton, Washington. In consideration of the services provided pursuant to this Contract, the City shall compensate the Contractor in the amount not to exceed $21.710.00 (plus WSST). All work to be in accordance with and as described in the Special Provisions, which are incorporated by reference herein as Attachment A. All parties agree that the United States Housing and Urban Development (HUD) shall be and is hereby, named as an expressed third party beneficiary of this Contract, with full rights as such. This Contract is funded through a Community Development Block Grant and is subject to HUD-4010, U.S. Department of Labor Davis-Bacon Wage Determinations and Washington State Prevailing Wage Rates. The highest wages of the two (2) shall prevail. The form HUD- 4010, Davis-Bacon Wage Rates (Attachment C) and Kitsap County's State Prevailing Wage Rates (Attachment D) are incorporated by reference herein. Contractor shall begin work within ten (10) calendar days after the date that written Notice To Proceed is issued to the Contractor. The Contractor shall complete the work no later than ninety (90) calendar days from the date established in the NOTICE TO PROCEED from the City. The Contractor shall provide and bear the expense for all equipment, tools, material and labor of any sort whatsoever that may be required for the transfer of materials and for the completion of work specified in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the above described work to complete and finish the same according to the Special Provisions (Attachment A), the Quotation (Attachment B) and the terms and conditions contained in this agreement. The Contractor shall invoice the City upon completion of the above described work. The City shall pay the Contractor the invoiced amount subject to acceptance of the work by the City, and the conditions of this Contract being met by the Contractor. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) CONTRACT (Page 2 of 4) III. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to fulfill the performance of all covenants herein contained upon the part of the Contractor. IV. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this contract, except as expressly provided herein. V. INDEMNIFICATION The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents, volunteers and assignees harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City of Bremerton. The City's inspection or acceptance of any of the 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 Contract 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 officers, 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEL Y FOR THEPURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Contract. VI. INSURANCE The Contractor shall procure and maintain, during the term of this contract and throughout the specified term of maintenance, insurance of the types and the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, employees, sub-consultants and/or subcontractors. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) . CONTRACT (Page 3 of 4) Before beginning work on the project described in this Contract, 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; 2. Commercial 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 limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. The insurance must refer to the project name, project location and contain a brief description of the project. Any payment of deductible or insured retention shall be the sole responsibility of the Contractor. The City, its officers, 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 respect 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 mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Proof of coverage shall be provided to the City of Bremerton in the form of a Certificate of Insurance and shall include additional insured endorsements as evidenced of coverage. The City of Bremerton also reserves its unqualified right to require, at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this contract. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) . CONTRACT (Page 4 of 4) In witness whereof the parties hereto have caused this agreement to be executed the day and year first hereinabove written. Contractor tvRS BY~4iw~< Date 3-/1J-()t! Attest: CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) SPECIAL PROVISIONS Attachment A PART 1 - DEFINITION Where the terms "City or Owner" appears in the Contract Documents it shall mean "City of Bremerton" as represented by its authorized officers, employees, or agents acting as the duly authorized representative for this Contract. PART 2 - CONDITIONS 2-01 SCOPE OF WORK INTENT OF THE CONTRACT The scope of work includes, but is not limited to, providing all labor, materials, equipment and related items necessary for the repair of the Glenn Jarstad Aquatic Center's existing roof as defined in the attached quotation include herein as Attachment B. 2-02 OPERATIONS AND STORAGE AREAS All operations of the Contractor shall be confined to the Glenn J arstad Aquatic Center and other areas authorized or approved by the City. The Contractor shall be liable for any and all damages it causes. The Contractor shall indemnify, defend and save harmless the City and employees from liability of any kind or nature arising from any use, trespass or damage occasioned by its operations on the premises of third persons. PART 3 - CONTROL OF WORK SUPERINTENDENTS, LABOR, AND EQUIPMENT OF CONTRACTOR The Contractor will supervise and direct the work. The Contractor will be solely responsible for and have control over the means, methods, techniques, sequences and procedures of construction and for coordinating all portions of the work under contract, unless the contract documents give other specific instructions concerning these matters. The Contractor shall designate an agent who may be contacted in the event of any emergency that may occur after working hours, on holidays, or weekends, or at any time during the absence of the Contractor's work force. Said agent shall be available to personally attend to and/or arrange for help to attend such emergencies within thirty (30) minutes of the time of contact by the City. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) PART 4 - LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 4-01 PERMITS & LICENSES Any and all permits deemed necessary for the prosecution of the work shall be secured and paid for by the City. 4-02 EMERGENCY PHONE NUMBERS The Contractor shall supply to the City the names and phone numbers of responsible personnel representing the Contractor and each subcontractor for the purpose of contacting these individuals in the event of an emergency. PART 5 - PROSECUTION AND PROGRESS 5-01 SUBCONTRACTING The Contractor agrees that it is fully responsible to the City for the acts and omissions of its agents (subcontractors, suppliers, etc.) and all persons either directly or indirectly employed by them. All agents shall be required by the General Contractor to comply with the terms and conditions of the Contractor's contract. Failure on the part of the Contractor to have all its agents comply with the provisions of this Section shall constitute grounds for the City to rescind the award and/or terminate the contract. 5-02 ASSIGNMENT An assignment of all or any part of the work shall not relieve the original Contractor or surety of responsibilities or obligations under the contract documents, including but not limited to, the Contractor's responsibility for work, responsibility for injury or damage and any Defend, Indemnity and Hold Harmless obligations regardless of whether these responsibilities and obligations arose from the Contractor's or its agent's (or anyone either directly or indirectly employed by either of them), acts or omissions, operations, negligence, failure to prevent injury or damage, failure to take reasonable precautions or to exercise sound engineering or construction practices in conducting its work. 5-03 TIME OF COMPLETION The Contract in its entirety shall be completed ninety (90) calendar days from the written Notice to Proceed. The Contract shall start within ten (10) working days after the date of the "Notice to Proceed". Time lost in replacing improper work or material shall not furnish any grounds to the Contractor for claiming an extension of time for the completion of the work and shall not release the Contractor from damages or liabilities for failure to complete the work within the time stipulated. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) 5-04 TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, anyone or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. PART 6 - SUBMITTALS Submittals, as required by the City, shall be addressed to the City of Bremerton Department of Parks & Recreation., 680 Lebo Boulevard, Washington 98310, and shall be submitted prior to commencing with the work. Submittal data shall be fully sufficient in detail for determination of compliance with the Contract Documents. Approval of substitutions, shall not add to the Contract amount and all additional costs which may result there from shall be solely the obligation of the Contractor. The City is not precluded, by virtue of review and acceptance of approval, from obtaining a credi t for construction savmgs resul ting from allowing conceSSIOns m suppliers/manufacturers or materials therefore. Submittal requirements, if other than stated in Specifications or indicated on Plans, shall include, but not limited to the following: A. Warrantees & Guarantees for workmanship and materials; and B. Certified Payrolls (2-copies). CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) PART 7 - HOUSEKEEPING 7-01 DESCRIPTION The Contractor shall be responsible for the removal and disposal of existing debris including but not limited to, removed window & skylights, fasteners, etc. that is either specified or required to complete the project in a workmanlike manner. 7-02 DISPOSAL METHODE - WASTE SITE The debris in general, either directly or indirectly connected with this work, shall be hauled to a waste site obtained and provided for by the Contractor. The area of work shall be clean of all debris and turned over to the City in a workmanlike manner. END OF SECTION CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.) ! ! Attachment B '" VVRS SEATTLE" LLC I I I A ....E~ER.CA. COMPANY Bremerton WA To: City Bremerton Municipal pool Phone: 253-851-0721 From: Steve Stone Date: January 21, 2008 Project: Bremerton Pool Thank you for the opportunity to present a WRS Seattle quality proposal for your project. WRS Seattle is a division of Tecta America, North America's #1 choice for roofing. Tecta is #1 because we have the best quality and financial strength in the industry. That is why WRS Seattle is your best and safest choice. Scope of Work Upper section 1. Remove surface debris and prepare effected roof surface and prime with Garla prime 2. Caulk the fasteners on the metal roof. Replace where needed. 3. Install glass cant and layer of HPR torch base along 120 ft. of base flashing. 4. Cut out an repair all field blisters with Garland stress ply IV mineral cap. 5. Apply stress ply IV mineral over torch base over the entire HVAC roof section.. 6. Apply stress ply IV mineral over torch base 12 inches on the field and 8 inches up the wall. 7. Install 120' of 24gage surface mounted reg let to teminate new base flashing, seal with Tuff Stuff caulk. Skylights 1. Prepare ~oof surface around each sylight with Garla prime. 2. Install a 3 in.ch max. cricket at the top of the 6 skylights to shed water around skylight. 3.Apply HPR torch Base over cricket. 4.Torch apply Stressply IV over HPR. Lower section after ridgeline 1. Remove surface debris and prepare effected roof surface and prime with Garla prime 2. Install glass cant and layer of HPR torch base along 30 ft. of base flashing. 3. Apply stressply IV mineral over torch base 12 inches <;)n the field and 8 inches up the wall. 4. Install 30 of 24 gage surface mounted reglet to teminate new base flashing, seal with Tuff Stuff caulk. The 24 gage reglet has a 5 inch face with a small caulking cup at the top and a hem seam at the base. 5. Cut out and repair all field blisters with Garland stress ply mineral cap. . 6. Re-f1ash all roof top penetrations. Add/Deduct A credit will be issued for any em-site materials that are used in the repair. Exclusions Pennits are an added charge Quotation $21,710 Does not include WSST This price is valid for 45 days. Sincerely, SfeQe Sf4.He WRS Seattle, A Tecta America Company LLC Approved BY:~ Title: ~ L\. ~L ~ Date:U/o/08 6926176th Avenue NE Redmond, WA 98052 T425.881.9190 F425.881-9164 www.wrsseattle.com WA license # WRSSE**936LB SECTION IV Attachment C Form HUD - 4010 & U.S. DEPARTMENT OF LABOR DA VIS-BACON WAGE DETERMINATIONS 1. This Contract is subject to HUD-4010, U.S. Department of Labor Davis-Bacon Wage Determinations and Washington State Prevailing Wage Rates. The highest wages of the two (2) shall prevail. The form HUD-4010, and Davis-Bacon Wage Rates (Attachment A) and Kitsap County's State Prevailing Wage Rates (Attachment B) are included in this Section IV. 2. This project is subject to meet Federal Labor Standards Provisions Davis-Bacon Wage laws as explained in form HUD-4010 (attached). All work performed on the project will be subject to the approved wage determination rates as per Attachment A. The Federal wage rates can also be obtained electronically: http://www.wdol.qov/dba.aspx#O The Contractor shall comply with such Wage Determinations and the Federal Labor Standards Provisions as outlined in form HUD-4010. The form HUD-4010 is also available at the HUD website: http://www.hudclips.org/sub nonhud/html/pdfforms/40 10. pdf 3. Any questions regarding the U.S. Department of Labor--Davis-Bacon Wage Determinations should be addressed to the City of Bremerton Department of Community Development- Community Development Block Grant Coordinator, at the Norm Dicks Government Center, 345 6th Street, Sixth Floor, Suite 600, Bremerton, Washington 98337-1873, or call (360) 473- 5211. CONTRACT (Between the City of Bremerton and WRS Seattle, LLC.)