HomeMy WebLinkAbout5101 Contract Number. 5101
Vendor: South Bay Excavating, Inc.
Subject: 4th Street Trenching & Restoration - Park Plaza
Department: Econ Devel
File Class: LEG 12 -1
Begin Date: 11/28/2011
End Date: 4/30/2012
Review Date*
Vault Date: 2014
Comments: Complete 21 days after NTP
Change Order #1 12/20/11
DATE: December 20, 2011
CHANGE ORDER # 1
PROJECT NAME: City of Bremerton 4th St. Trenching & Restoration, Park Ave. PH. 2
CONTRACT # : EDA Award No. 07-01 -06590
CONTRACTOR: South Bay Excavating Inc.
ITEM # DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT
1 Install Steel Bollards at Transformer EA $61500 5 $3,07500
2 Install Pull String in Raceways LS $1,25000 1 $1,25000
3 $000
4 $0 00
5 $000
6 $000
7 $000
8 $000
s
$000
10
$00 0
TOTAL ,325.00
The above contract is hereby changed as follows
1) PSE Required Bollards at Transformer to Prevent Traffic from Driving /Parking over Vault
2) Utility Companies Required Pull String in Conduits SBE Installed Pull Strings
CONTRACT SUMMARY: Original contract amount $52,83000
Total this change order $4,32500
Total previous change orders $000
Net change, quantity variation
Contract sum to date $57,155.00
The contract time will be increased /decreased by -0- calendar days
APPROVED BY: ACCEPTED BY:
l �..�- vt� a�►•t,� / L . 12 - z.o -tor a_
Contr or Signature Date
/-:7 l
rolect Erigraeer S►gnatur Date
City of Bremerton roled k Signature Date
Appendix 18 As
G
Pr Explanation of CO # 1 for South Bay Excavating
1. Install Steel Bollards at Transformer - PSE / Potelco bid documents used
for this phase, did not call out steel bollards at transformer It is a
requirement they be in place to protect the transformer from damage.
2. Install pull string in Raceways - Design / bid documents did not call out for
installation of pull string It is required so Potelco can pull in their cable.
Contract Number
Vendor
Sub�ect:
Department
File Class
Begin Date:
End Date:
Review Date.
Vault Date.
5101
South Bay Excavating, Inc.
4th Street Trenching & Restoration - Park Plaza
Econ Devel
LEG 12-1
11/28/2011
4/30/2012
2014
Comments Complete 21 days after NTP
x�
�I
MEMO
TO: Jason Clements and /or Rod Hudson
South Bay Excavating, Inc.
FROM: Alyce Fierro, Project Assistant
DATE: December 19, 2011
SUBJECT: Fully Executed Amendment #1 to:
Contract - 4 Street Trenching and Restoration, Park Ave. Plaza
Phase II
Enclosed is your fully executed original for the above contract amendment #1 with the City
of Bremerton.
Respectfully,
Alyce Fierro
Enclosure
Cc: City Clerk, Bremerton, WA
1 of 1
PUBLIC WORKS AGREEMENT
Amendment # 1 - 4th Street Trenching
AMENDMENT # 1 TO AGREEMENT, is entered into between the City of Bremerton, a
Washington Municipal Corporation ( "City "), and South Bay Excavating, Inc ( "Contractor"), whose
mailing address is 1333 Maple Valley Rd SW, Olympia, WA 98512
The parties agree to add the following paragraph to '12. Miscellaneous'
12. MISCELLANEOUS.
L Archaeological or historic materials NOTICE If archaeological or historic
materials are discovered during project activities, work in the immediate
vicinity shall stop, the area shall be secured, and the EDA, State Historic
Preservation Officer, and Tribal Historic Preservation Officers of the
Suquamish, Squaxin Island, and Skokomish Tribes shall be notified
IN WITNESS WHEREOF, the parties below have executed this Amendment
CONTRACTOR THE CITY OF BREMERTON
Si ature Signature
South Bay Excavating, Inc
Print Name J Q SC in C is Print Name Patty Lent
Title V 1 CP_ Title Mayor
DATE 1 -13 - 1 \ DATE L-Z — 11 f I
PAGE -1-
South Bay — 4` Street Trenching EDA Award 07 -01 -06590
Amendment # 1
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered mto between the City of Bremerton, a Washmgton
Mumcipal Corporation ("City"), and South Bav Excavatm�nc ("Contractor"), whose mailmg
address is 1333 Maple Valley Rd SW, Olympia, WA 98512
The parties agree as follows
1. CONTRACTOR SERVICES. The Contractor shall perform the followmg Scope
of Services for the City - Trenchmg and restoration of 4 Street for electncal utilities
A Procure City Right-of-Way permit for work noted herein Permit Type required is Type
B[nclude all fees, bonds and associated charges to secure permit Two-way traffic flow
on 4� Street must be maintained at all times Pedestrian access to United Way main
entry (northeast corner) must be maintained South sidewalk flow from United Way to
Park Ave (westernly direct�on) can be temporary halted
B Provide trenching, bedding, back fill and finished surfaces as noted below for
underground services from east of intersection of Park and 4ih Street east and to pad
mount transformer, as noted in Contract Documents (see Paragraph 13) Utility work
includes conduit and �unction boxes for PSE and Comcast For PSE work include setting
of �unct�on box J04 and vault V01 as shown on the drawings PSE work indicated in the
alley is to be excluded Provide core drill and conduit stubbed into alley for Comcast
work
C Provide all equipment, labor and material (except conduit, �unct�on boxes, vaults) to
complete PSE design drawings and associated PSE standards as noted on Contract
Documents and noted above
D Provide all equipment, labor and material (except conduit and �unction boxes) to
complete Comcast design drawmgs
E Allow crews from Puget Sound Naval Shipyard to install conduit w�thin trench and
make physical tie-in to concrete encased Naval conduits in 4T� Street Contact Bob
Fo�tik to coordinate Naval crews at 360-476-3101
F Note Survey does not indicate Naval conduits crossing 4� Street Call Bob Fo�tik at
360-476-3101 To have conduit crossing marked Conduit duct bank is approximatel
2'-0" x 2'-0" and crosses to the east of painted sidewalk crossmg
G Replacement of surfaces on 4�h Street replace and compact gravel base and provide
cold patch asphalt surface (complete street improvements are scheduled later m the
year), side walk and curb on 4�h Street should be replace like for like, parking lot
replacement to include compacted gravel base and 3" of asphalt (re-striping m lot is
not requ�red)
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South Bay — 4` trenching EDA Award 07-01-06590
H PSE will provide all conduit, vaults, and associated spacers as noted in General
Specificat�ons on Drawing 1
I Comcast will provide conduit and �unction boxes
2. TIME OF COMPLETION. Contractor shall complete the work withm 21 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 $$ Fifty
two thousand eight hundred thirty dollars ($52,830 00), sales tax if applicable is not mcluded The
Contractor shall mvoice the City monthly The City will pay for the portion of the work descnbed
m the mvoice that has been completed by the Contractor and approved by the City The City
payment shall not constitute a waiver of the City's nght to final mspection 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 until receipt
of all necessary releases from the State Deparhnent 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
B Retama�e The City shall hold back a retainage m the amount of five percent
(5%) of any and all payments made to contractor for a penod 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 & Industnes and until settlement of any liens filed under Chapter 60 28
RCW, whichever is later
C Defective or Unauthonzed Work The City reserves its nght to withhold
payment from Contractor for any defecttve or unauthonzed work
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 all payments of income tax, social secunty, state industnal
msurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, officer, agents, employees and sub-contractors The Contractor shall also secure all
applicable busmess licenses, if required, m connection wrth the contract services, including all
required licenses for Contractor's officers, agents, employees and sub-contractors
5. TERMINATION. The City may termmate this agreement at the convemence of the
City
6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay
Prevailmg Wages," with the State of Washington Department of Labor & Industnes prior to
commencmg the Contract work Contractor shall pay prevailmg wages and comply with Chapter
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South Bay - 4` trenchmg EDA Award 07-01-06590
39 12 of the Revised Code of Washmgton, as well as any other applicable prevailmg wage rate
provisions Davis-Bacon wage rates are to be used for this pro�ect The latest prevailmg wage rate
revision issued by the Department of Labor and Industnes is attached
7. CHAle1GES. The City may issue a wntten or oral work change directive for any
change m the Contract work durmg the performance of this agreement If the Contractor
determmes, for any reason, that a change order is necessary, Contractor must submit a wntten
change order request to the City's Special ProJect Admmistrator withm two (2) business days of the
date the Contractor knew or should have known of the facts and events givmg nse to the requested
change If the City determmes that the change mcreases or decreases the Contractor's costs or time
for performance, the City will make an equitable ad�ustment 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 The City will evaluate all protests, provided the procedures in
this section are followed if the City determmes that a protest is valid, the City will ad�ust payment
for work or time by an equitable ad�ustment No adJustment will be made for an mvalid protest
A Contractor's Dutv to Complete Protested Work In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered with
the retamed nght to file a claim
8. CLAIMS. The Contractor shall give wntten nonce to the City of all claims other
than change orders withm fourteen (14) calendar days of the occurrence of the events gtvmg nse to
the claims Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be set forth m detail m wnhng and received by the
City withm seven (7) calendar days from the date Contractor knew, or should have known, of the
facts givmg nse to the claim
Contractor must, m 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
9. WARRANTY. The Contractor shall correct all defects in workmanship and
matenals withm one year from the date of the Contractor's acceptance of the City's final payment
under this contract When defects are corrected, the warranty for that portion of the work shall
extend for one year form the date such correcrion is completed and accepted by the City The
Contractor shall begin to correct any defects withm seven (7) calendar days of its receipt of notice
from the City of the defect If the Contractor does not accomplish the corrections withm a
reasonable time, the City may complete the correchons and the Contractor shall pay all costs
incurred by the City m order to accomplish the correction
10. INDEMNIFICATION. Contractor shall defend, mdemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes,
damages, losses or suits mcludmg all legal costs and attorney fees, ansmg out of or m connection
with the performance of this agreement, except for in�unes and damages caused by the City's
negligence
The City's mspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of mdemnification
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South Bay — 4` trenchmg EDA Award 07-01-06590
Should a court of competent �unsdiction determme that this agreement is sub�ect to RCW
4 24 115, then, in the event of ltability for damages arismg out of bodily m�ury to persons or
damages to property caused by or resultmg from the concurrent negligence of the Contractvr 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 termmation of this agreement
11. INSURANCE. The Contractor shall procure and mamtain for the duration of this
agreement, msurance agamst clatms for m�unes to persons or damage to property that may anse
from or in connectton with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors
Before beginnmg the work on the pro�ect descnbed m this agreement, the Contractor shall
provide a Certificate of Insurance evidencmg
A Automobile Liabilitv msurance with limits no less than $1,000,000 combined
smgle limit per accident for bodily m�ury and property damage, and
B Commercial General Liabilitv msurance wntten on an occurrence basis wrth
limits no less than $2,000,000 combmed smgle limit per occurrence and
$2,000,000 aggregate for personal m�ury, bodily m�ury and property damage
Coverage shall mclude but not be limited to blanket contractual,
products/completed operattons/broad form property damage, explosion, collapse
and underground (XCU) if applicable, and employer's liability
C Endorsements m accordance with Right of Way permits
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor
The City reserves the nght to receive a certified copy of all the required insurance policies
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the msurance 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 Certtficate of
Insurance
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South Bay — 4` trenching EDA Award 07-01-06590
The Contractor's msurance shall contam a clause statmg that coverage shall apply
separately to each msured agamst whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability
The Contractor's msurance shall be pnmary msurance as respects the City, and the City
shall be given thirry (30) calendar days pnor wntten nohce by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
12. MISCELLANEOUS.
A Nondiscrimination In the hinng of employees for the performance of work
under this Agreement or any sub-contract hereunder, the Contractor, its sub-
contractors, or any person actmg on behalf of such Contractor or sub-
contractor shall not, by reason of race, religion, color, sex, national ongin, or
the presence of any sensory, mental, physical disability, or sexual onentation
discnmmate 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, rules and regulations throughout every aspect m 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 m 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, tools, or other articles used or held for use m
connecrion wrth the work
D Nonwaiver of Breach The failure of the City to insist upon stnct
performance of any of the terms and nghts contamed herein, or to exercise
any option herem conferred in one or more tnstances, shall not be constructed
to be a waiver or relinquishment of those terms and nghts and they shall
remam in full force and effect
E Governm� Law This agreement shall be governed and construed m
accordance with the laws of the State of Washmgton If any dispute anses
between the City and Contractor under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
�unsdiction, venue and rules of the Kitsap County Supenor Court, Kitsap
County, Washmgton
F Attorney's Fees To the extent not mconsistent with RCW 39 04 240, m any
claim or lawsuit for damages arismg from the parties' performance of this
agreement, each party shall be responsible for payment of its own legal costs
and attorney's fees mcurred m defendmg or bnngmg such claim or lawsurt,
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South Bay — 4�` trenching EDA Award 07-01-06590
however, nothmg m this subsection shall hmrt the City's nght to
mdemmfication under Section 10 of this agreement
G Written Notice All commumcations regardmg 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 m any event three (3) calendar days after the date of mailmg by
registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated on this agreement
H Assi�nment Any assignment of this agreement by the Contractor without
the wntten consent of the City shall be void
Modification No watver, alteration, or modification of any of the provisions
of thts agreement shall be bmdmg unless m wnting and signed by a duly
authonzed representative of the City and Contractor
Severabilitv If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstituhonal or mvalid, that decision shall not
affect the validity of the remammg portion of this agreement and the
remamder shall remam m full force and effect
K Ent�re A�reement 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 this agreement This agreement
and any attached Exhibits contam the entire agreement between the parties
Should any language m any Exhibit to this agreement conflict with any
language contamed m this agreement, the terms of this agreement shall
prevail
EXHIBITS - At�ached herein -
o EXHIBIT A- Construction Documents
o EXHIBIT B- General Requirements
o EXHIBIT C- EDA Requirements
o EXHIBIT D- Sign Form of Proposal
IN WITNESS WHEREOF, the parties below have executed this agreement
CO TRACTO L��
�
uth Bav Excavatm .�
Prmt Name .� U S C��n C 12rY1�e►1�5
Trtle V� c e ��e s� d� r+
DATE � � -1 i -11
, Page 6 of 7
South Bay — 4` trenching
THE CITY OF BREMERTON
�
Prmt Na e Pa Lent
Title
DATE d �' z g�I I
EDA Award 07-01-06590
Notices to be sent to:
CONTRACTOR
South Bay Excavatmg, Inc
1333 Maple Valley Road S W
Olympia, WA 98512
Phone (360) 866 — 4454
Fax 31..00 �l�lo- ��l l 1
Notices to be sent to:
CITY OF BREMERTON
Atten Gary Sexton
345 6` Street, Suite 600
Bremerton, WA 98337
(360) 981-1025
(360) (facsimile)
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South Bay — 4` trench�ng EDA Award 07-01-06590