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HomeMy WebLinkAbout5044 Contract Number: 5044 _ Vendor: FIELDS ROOF SERVICE, INC_ Subject: Police Department Roof Department: Public Works File Class: LEG 12 -1 Begin Date: 7/6/2011 End Date: 10/1/2011 Review Date: 10/15/2011 Vault Date: 9/30/2013 Comments: Change Order #1 9/14/11; Notice of Completion 9/30/11 AFFIDAVIT OF PUBLICATION Account #42742 AD #276840 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter refer-red to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on September 30, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of October 10, 2011 ,,`, ! M0 AN N N �• O 'rAky •,�' Notary Public in and for the State of Washington, Kitsap County Vr� e1 s �u18 2p1 i .O`" City of Bremerton Notice of Final Completion Notice of Final Completion has been filed with the City of Bremerton on Thursday, September 8, 2011 by Fields Roof Service, Kent, Washington for contact - Police Facility - West Section Roof Replacement, located at 1025 Burwell Street, Bremerton, Washington Any parties having a claim for materials, labor or damages with reference to this contract have forty-five (45) days from date of publication of this notice to file a claim September 30, 2011 AD #20118230 Contract Number: 5044 Vendor: FIELDS ROOF SERVICE, INC. Subject: Police Department Roof Department: Public Works File Class: LEG 12 -1 Begin Date: 7/6/2011 End Date: 10/1/2011 Review Date: 10/15/2011 Vault Date: Comments: Change Order #1 9/14/11 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO 01 PROJECT NAME Police Facility — West Section Roof Replacement PROJECT NO 5044 CONTRACTOR Fields Roof Service ORIGINAL CONTRACT AMOUNT $39,894 00 DAYS 60 PREVIOUSLY APPROVED CHANGES -0- DAYS -0- THIS CHANGE $11,000 00 DAYS -0- REVISED CONTRACT AMOUNT $50,894 00 DAYS 60 (Excluding Sales Tax) This Change Order covers changes to the subject contract as described herein The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items The increase or decrease In contract price shown below does not Include applicable sales taxes DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT o CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION m = ($) ($) ( DAYS) W ce X ADDITION COP #1, REMOVAL OF DAMAGED AND FAULTY $11,00000 -0- ROOF INSULATION PANELS AND INSTALLATION OF NEW APPROVED INSULATION PANELS AT $2 75 PER SQ FT NET CHANGE IN CONTRACT AMOUNT $11,00000 INCREASE OR (DECREASE) ESTIMATED SALES TAX (8 6 %) $94600 ESTIMATED TOTAL INCLUDING SALES TAX $11,94600 -0- CONTRACT CHANGE ORDER NO One PROJECT NAME POLICE FACILITY – WEST SECTION ROOF REPLACEMENT Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on -site or home office overhead, or lost profits Nothing in this Change Order shall limit the City's right to bring a claim for past performance The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, If any, for completion of the entire work due to said Change Order This document will become a supplement of the contract and all provisions will apply hereto It is understood that this Change Order shall be effective when approved by the City of Bremerton The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change RECOMMENDED PROJECT ENGINEER Date RECOMMENDED CITY E / OR OF PUBLIC WORKS ate ACCEPTED Zp CONTRACTOR Dat APPROVED 9 � /I —/ MAYOR Date y n AS TO FORM: ATTEST: y Attorney City Cle Police Facility — West Section Roof Replacement Page 2 of 2 Change Order No 1 CHANGE ORDER NO 01 DESCRIPTION Upon inspection by the roofing contractor, Fields Roof Service, we were notified of damaged and wet insulation panels under the old built up roof that was being removed as part of the Police Facility — West Section Roof Replacement Project #5044 It was determined that all of the roof insulation panels needed to be removed and replaced This was due to water damage from past roof leakage At bid award time, we had an idea that some would need replacement but unsure how much was needed until the old roof was removed Cost for replacement was determined at bid award (see attached) The new roof insulation panels meet all current Building Code requirements, and provide a much improved insulation "R" value than the thinner faulty old insulation panels General Fund Facility Mayor Maintenance Budget does have funds available for this project change order, to cover all associated costs without drastically affecting any other 2011 maintenance projects 3 j i a us ' D ADDENDUM NO.1 PROJECT: POLICE FACILITY - WEST SECTION ROOF REPLACEMEM' 1A Demolition of old roof system shall be of all old giavcl sun r,'CM bLllll -ill) lonfITI- l I\ III" intact all nuld insulation III place, as poss>blu 1B Replacement of any damaged, wet or faulty rigid installation panels or pieces will be an additional cost, to be paid by the City This amount will be shown as a per "square foot" amount, added as a separate line item on the bid proposal form, Page 1 of 4 1 C The City will be responsible for electrical conduit removal for exterior lights only All other electrical, mechanical work required for the new roof placement shall be the contractor's responsibility 1D The City will provide for a good faith asbestos survey and testing of existing roof products, and will provide this information to the winning roof contractor Removal and disposal of any known asbestos containing roof products and materials shall be the City's responsibility 1E Any and all vents, electrical, shafts, HVAC equipment, and any other roof penetrations that require flashing, hacks, bulkheads, caps, etc , shall be replaced by the roofing contractor Any questions, concerns or additional information about Addendum No 1, please contact the City of Bremerton representative for this project Chris Mottner at (360) 473 -2316 Thank you Contract Number: Vendor: Sub�ect: Department: File Class: Begln Date: End Date: Review Date: Vault Date: Comments : 5044 FIELDS ROOF SERVICE, INC. Police Department Roof Public Works LEG 12-1 7/6/2011 10/1/2011 10/15/2011 e PUBLIC WORKS AGREEMENT (Page 1 of 8) THIS AGREEMENT, �s entered into befinreen the City of Bremerton, a Washmgton Municipal Corporation ("City"), and Fields Roof Service, Inc ("Contractor�), whose maihng address is 25924 - 78"' Avenue S, Kent, Washington The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the followmg services for the City Work to be completed under this contract generally mclude, but is not limited to • Removal and disposal of all matenal and ex�stmg west section roof • Removal and disposal of all existing vent flashing, penetration flashing, equipment flashmg, edges and penmeter coping • Supply and mstall new vent flashing, edges, equipment flashing and vent boots, , / as reqwred �es pa�t wM �2 CF� 2� s�o� E) �-- • Supply and instaliation of an roof system on City � approved equai, to approximately 3800 square feet of roof surtace • Supply and install new 26 gauge penmeter copmg metal, and all other matenals and work, as required for a completed roof replacement pro�ect, per the techrncal specifications All mstallations shall be complete including performmg such mcidental or other worlc as may be necessitated by these operations See other specifications for additionai mformation 2. TOME OF COMPLETION. Contractor shall complete thE work withm 60 calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shail pay the Contractor the totai amount of $39,894 00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice the City monthly The City wdl pay for the port�on of the work descnbed m the invoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a wa�ver of the City's nght to final inspection and acceptance of the pro�ect 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 m effect until sixty (60) days after the date of final acceptance, or untd receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industnes and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later ■� PUBLIC WORKS AGREEMENI' (Between t6e CUy of Bremerton and F�elds Roof Sernce, Ina) -25- (Page 2 of 8) 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times actmg as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for ail payments of mcome tax, social security, state industnal msurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, empioyees and sub- contractors The Contractor shall also secure all applicable business licenses, if required, m connection with the contract serv�ces, mcludmg all required licenses for Contractor's officers, agents, employees and sub-contractors 5. TERMINATION. The City may terminate this agreement without not�ce for good cause "Good cause° shall mclude, without limitation, any one or more of the foilowing events A The Contractor's fadure to supply sufficient skdled workers or suitable matenals or equipment B The Contractor's fadure to execute the work with such ddigence as wdl ensure its physical completion wnthm the ongmal physical completion time specrfied 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 matenal or labor D The Contractor's disregard of federal, state or local laws, rules or regulations E The Contractor's fiimg for bankruptcy or becoming ad�udged 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 re�ected work H The Contractor's fadure to provide contmuous competent supervision The Contractor othennnse violates m any matenal 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, untd the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevadmg Wages," with the State of Washmgton Department of Labor 8 Industnes pnor to commencing the Contract worlc Contractor shail pay prevading wages and comply with Chapter 39 12 of the Revised Code of Washmgton, as well as any other applicable prevading wage rate provisions The latest prevading wage rate revision issued by the Department of Labor and Industnes is attached PUBLIC WORKS AGREEA�NT (Between the C�ty of Bremerton and F�elds Roof Sernce, Inc.) -26- (Page 3 of 8) 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work dunng the performance of this agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a wntten change order request to the City's pro�ect manager within two (2) busmess days of the date the Contractor knew or shouid have known of the facts and events giving nse to the requested change If the City determines that the change mcreases or decreases the Contractor's costs or time for performance, the City will make an equitable ad�ustment The City v�nll attempt, m good faith, to reach agreement with the Contractor on all eqwtable ad�ustments However, d the parties are unable to agree, the City w�lt determine the equrtable ad�ustment as it deems appropriate The Contractor shall proceed �nnth the change order work upon receivmg either a wntten or oral work change directive from the City or a change order from the City If the Contractor fads to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable ad�ustment the Contractor must complete the change order work, however, the Contractor may elect to protest the ad�ustment as provided below A Procedure and Protest bv the Contractor If the Contractor disagrees with anything required by a wntten work change directive, oral work change dire�tive or change order, including any direction, instruction, mterpretation, or determination by the City, the Contractor shall Gwe a signed wntten notice of protest to the City �nnthin one business day, 2 Supplement the wntten protest withm five (5) calendar days with a wntten 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, d any, of the protested work and how that estimate was determined e An analysis of the progress schedule showmg the schedule change or disruption if the Contractor �s assertmg a schedule change or disruption The Contractor shall keep complete records of extra costs and time incurred as a resuit of the protested work The City shall have access to any of the Contractor's records needed for evaluating the protest PUBLIC WORKS AGREEA'IENT (Between t6e C�ty of Bremerton and F�elds Roof Sernce, Inc.) _2�_ (Page 4 of 8) 3 The City wdi evaluate ail protests, provided the procedures in this section are followed if the City determmes that a protest is vatid, the City wdl ad�ust payment for work or time by an equitable ad�ustment No ad�ustment wdl be made for an mvalid 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 Contracto�'s Acceatance of Chan�es The Contractor accepts all requirements of a change order by (1) endorsing it, (2) wnting a separate acceptance, or (3) not protestmg in the way this section prov�des A change order that is accepted by Contractor as provided in this section shail constitute full payment and final settiement of all claims for contract t�me and for direct, indirect and consequential costs, inciudmg costs of delays related to any work, either covered or affected by the change D Fadure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts f�om the City any wntten or oral order (including directions, instructions, interpretations, and determination) E Fadure to Follow Procedures Constitutes Waiver By fading to follow the procedures of this section, the Contractor completely waroes any claims for protested work and accepts form the City any wntten or oral order (including directions, instructions, mterpretations, and determination) 8. CLAIAAS. The Contractor shall give wr�iten notice to the City of all claims other than change orders withm fourteen (14) calendar days of the occurrence of the events giving nse to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherv�nse, shall be conclusively deemed to have been waived by the Contractor unless a timely wntten cla�m is made in stnct accordance with the applicable p�ovisions of this agreement, or, d(and only ifl no such provision is applicable, unless that claim is set forth m detail m wnting 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 mirnmum, a Contracto�'s wr�iten claim must mciude the mformation 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 bnng any suit ansing from or connected with this agreement withm 120 calendar days from the date the contract work is complete PUBLIC WORKS AGREEMENT (Between t6e C�ty of Bremerton and F�elds Roof Sernce, Inc.) -28- (Page 5 of 8) 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials w�thin one year from the date of the Contractor's acceptance of the City's final payment under this corrtract When defects are corrected, the warrarrty for that portion of the work shali 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 defe�t If the Contractor does not accompl�sh the corrections �nnth�n a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the C�ty in order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, mdemnify and hold the City, its officers, officials, empioyees, agents and volunteers harmiess from any and all claims, in�uries, damages, losses or suits mcludmg all legal costs and attomey fees, ansing out of or in connection with the pe�Formance of this agreement, except for in�uries and damages solely 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 mdemnfication Should a court of competent �unsdiction determine that this agreement is sub�ect to RCW 4 24 115, then, in the event of liabdity for damages ansing out of boddy inJury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officiais, employees, agents and volunteers, the Contractor's liabdity 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 mamtam for the duration of this agreement, insurance agamst claims for m�uries to persons or damage to property that may anse from or in connection �nnth the performance of the Contract work by the Contractor, �ts agents, representatroes, employees or subcontractors Before beginrnng the work on the pro�ect descnbed in this agreement, the Contractor shall provide a Certificate of Insurance ev�dencmg A Automobde Liabditv msurance with lim�ts no less than $1,000,000 combined smgle limit per accident for boddy m�ury and property damage, and B Commerc�al General Liabditv insurance written on an occu�rence basis with limits no less than $2,000,000 combmed single limit per occurrence and PUBLIC WORKS AGREEMENT (Betweeu the City of Bremerton and F�elds Roof Sernce, Inc.) -29- (Page 6 of 8) $2,000,000 aggregate for personal m�ury, boddy in�ury and property damage Coverage shall mclude but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabdity Any payment of deductible or self msured retention shall be the sole responsibdity of the Contractor The City reserves the nght to receive a cert�ed copy of all the required insurance poticies 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 nammg the City as additional msured shall be attached to the Cert�cate of Insurance The Contractor's insurance shall contain a clause statmg that coverage shaii apply separately to each insured agamst whom claim is made or suit �s brought, except with respects to the limits of the insurer's liability The Contractor's insurance shall be pnmary insurance as respects the City, and the City shall be given thirty (30) calendar days prior wntten notice by certified mad, retum receipt requested, of any cancellation, suspension or matenal change in coverage If this contract requires work to be performed in or on navigable waters, the Contractor shall provide msurance wntten on an occuITence basis with limits no less than $2,000,000 combmed single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Wo�lcers Act and the Jones Act 12. MISCELLANEOUS. A Nondiscnmination In the hmng of employees for the pertormance 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 shali not, by reason of race, color, sexual onentation, sex, national ongin, or the presence of any sensory, mental, or physical disability, discnmmate against any person who is qualified and avadable to perForm the work to wh�ch the employment relates B Comqliance v�nth Laws Contractor shall comply with all federal, state and local laws, rules 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 empioyees, agents, and subcontractors in the performance of this agreement All work shall be done at Contractor's own nsk, and Contractor shall be responsible for any loss of or damage to matenals, PUBLIC WORKS AGREEMENT (Betweeo the C�ty of Bremerton and F�elds Roof Sernce, Inc.) -30- (Page 7 of 8) tools, or other articles used or heid for use in connection �nnth the work D Non-waiver of Breach The fadure of the City to msist upon stnct performance of any of the terms and nghts contained herein, or to exercise any option herein conferred m one or more instances, shall not be constructed to be a waiver or relmquishment of those terms and nghts and they shall remain m full force and effect E Goveming Law This agreement shall be govemed and construed in accordance with the laws of the State of Washmgton If any dispute anses befinreen the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be avadable only through the �urisdiction, venue and rules of the K�tsap County Supenor Court, Kitsap County, Washington F Attomev's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages ansing from the parties' pertormance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incuRed m defending or bnnging such claim or lawsuit, however, nothmg in this subsection shall limit the City's nght to mdemnfication under Section 10 of this agreement G Written Notice All commurncations regarding this agreement shali be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise not�ied Any wntten notice shall become effective upon delivery, but m any event three (3) calendar days after the date of mading by registered or certrfied mad, and shali be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assi4nment Any assignment of th�s agreement by the Contractor without the wntten consent of the City shall be void Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be bindmg unless m wntmg and signed by a duly authonzed representative of the City and Contractor J Severabditv 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 wntten provisions and terms of this agreement, together with any attached Exhibits, supersede all pnor verbal statements by any representative of the City, and those statements shall not be construed as formmg a part of or altenng m any manner th�s agreement This agreement and any attached Exhib�ts contam the entire agreement befinreen the parties Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the PUBLIC WORKS AGREEIYIENT (Between the C�ty of Bremerton and F�elds Roof Sernce, Inc.) -31- (Page 8 of 8) terms of this agreement shall prevad IN WITNESS WHEREOF, the parties below have executed this agreement CONT T / � d' Print Name �.4x'�+'�/L�E,� Title !�"�tiDE,�lT DATE D�v�2Z� 7�l',� THE CITY OF BREMERTON � J Pnnt Name f�'� � �T� Title �Z�02 DATE � U� ZO Notices to be sent to: CONTRACTOR � �/ / _! ► _� �. �� I i/ ' ! .J .,� ��. � , i �/ � • PUBLIC WORKS AGREEMENT (Between the C�ty of Bremertoa and F�elds Roof Sernce, Inc.) Notices to be sent to: CITY OF BREMERTON Chns Mottner � Inventorv/Facd�ties Supervisor Public Works and Utdities 100 Ovster Bav Ave N Bremerton, WA 98312 (360) 473-2316 (360) 473-5360 (facsimde) ....� . � • •- _�—. _ ��-�- ��l� _—��' � - - . � . - A EST � , Bre erton City Clerk -32-