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5282
PIPEWORKS MECHANICAL AND SERVICE INC
Booster Pump Station 10
Water Resources
LEG 12-1
10/9/2013
�,-,�_� �ao►� �
2015
Comments:
PUBLIC WORKS AGREEMEl�1T
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THIS AGREEMENT, is entered into between the City of Bremerton, a Waslungton
Mumcipal Corporation ("City"), and Pipeworks Mechanical and Service, Inc. ("Contractor"),
whose mailing address is 1701 Thompson Avenue, Bremerton, WA 98337.
The parties agree as follows
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the Crty perform pipmg work as identified in Attachment A SCOPE OF WORK
2. TIME OF COMPL�TION. Contractor shall complete the work witlun 45
calendar days from the date of issuance of the City's Notice to Proceed Once the pro�ect has
commenced, pipmg work shall be completed witlun 5 workuig days, Monday — Friday Pamtmg
can occur outside tlus window.
3. COMPENSATION. The City shall pay the Contractor the total amount not to
exceed $18,000, including any applicable Washmgton State Sales Tax, for the work and services
contemplated in tlus agreement The City shall pay the Contractor fifty percent (50%) of the
Contract amount upon completion and acceptance of the work by the Crty, and the remamder
upon fulfillment of the conditions listed below and throughout this agreement.
A No Performance Bond Because this contract, includmg applicable sales
tax, is less than $25,000, and pursuant to Chapter 39 08 RCW, the
Contractor, m heu of providmg the City a performance bond, has elected
to have the owner retam the fmal fifty percent (50%) of the Contract
amount 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, wluchever is later
B Defective or Unauthonzed Work The City reserves rts right to withhold
payment from Contractor for any defective or unauthonzed work
Defective or unauthonzed work includes, wrthout limitation work and
matenals that do not conform to the requirements of tlus agreement, and
extra work and matenals furmshed without the City's written approval If
Contractor is unable, for any reason, to satisfactonly complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any addrtional costs mcurred by
the City "Addit�onal costs" sha11 mean all reasonable costs, including
legal costs and attorney fees, mcurred by the Crty beyond the m�imum
Contract pnce specified above The City further reserves its right to
deduct the cost to complete the Contract work, includmg any Addrtional
Costs, from any and all amounts due or to become due the Contractor.
PUBLIC WORKS AGREEMENT — Page 1 of 10 (October 4, 2013)
(between City of Bremerton and Prpeworks Mechanical and Servrce)
C Final Payment Wa.iver of Claims THE ACCEPTANCE OF FINAL
PAYMENT 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
4. INDEPENI)EN'T CONTRACTOR Contractor is and shall be at all times
actmg as an mdependent contractor and not as an employee of the Crty The Contractor shall
secure at rts expense, and shall be responsible for all payments of income tax, social security,
sta.te industnal insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure a11 applicable business licenses, if required, m connection wrth the contract
services, mcluding all required licenses for Contractor's officers, agents, employees and sub-
contractors
5. TERNIINATION. The City may terminate this agreement without notice for
good cause "Good cause" sha11 include, without lunita.tion, any one or more of the following
events
A The Contractor's fa,�lure to supply sufficient skilled workers or surtable
matenals or equipment
B The Contractor's failure to prosecute the work with such diligence as will
ensure its physical completion wlthin the onguial physical completion
tune specified in this Agreement and any extensions of tune wluch may
have been granted to the Contractor by change order or otherwise
C
D
E
F
G
H
The Contractor's failure to make full and prompt payment to
subcontractors or for matenal or labor
The Contractor's disregard of federal, state or local laws, rules or
regulations
The Contractor's filmg for bankruptcy or becorrung ad�udged bankrupt
The Contractor disregards the authority of the City.
The Contractor performs work wluch deviates from the Contract, and
neglects or refuses to correct re�ected work
The Contractor's failure to provide conhnuous competent supervision
I T'he Contractor otherwise violates in any material way any provisions or
reqwrements of the contract.
PUBLIC WORKS AGREEMENT — Page 2 of 10 (October 4, 2013)
(between City of Bremerton and Pipeworks Mechanrcal and Servlce)
If the City terminates tlus agreement for good cause, the Contractor shall not receive any
morues due under tlus agreement, if any, until the Contract work is completed
6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries pnor to
commencing the Contract work Contractor shall pay prevailing wages and comply wrth Chapter
39 12 of the Revised Code of Washmgton, as well as any other applicable prevailmg wage rate
provisions The latest prevailmg wage rate revision issued by the Department of Labor and
Industries is attached
7. CHANGES. The Crty may issue a wntten or oral work change directive for any
change in the Contract work during the performance of tlus agreement. If the Contractor
deternunes, for any reason, that a change order is necessary, Contractor must submit a written
change order request to the City's project manager v�ntlun two (2) business days of the date the
Contractor knew or should have known of the facts and events giving nse to the requested
change If the Crty determines that the change mcreases or decreases the Contractor's costs or
time for perfortnance, the Crty will make an equitable ad�ustment The Crty v�nll attempt, m
good fa.rth, to reach agreement with the Contractor on a11 equrtable ad�ustments. However, if the
parties are unable to agree, the City will deternune the equitable ad�ustment as it deems
appropnate. The Contractor shall proceed with the change order work upon receiving erther a
written or oral work change direchve from the City or a change order from the City If the
Contractor fails to require a change order wrtlun the time allowed, the Contractor waives rts nght
to make any claim or subrrut subsequent change order requests for that portion of the contract
work If the Contractor disagrees wrth the equitable ad�ustment the Contractor must complete
the change order work; however, the Contractor may elect to protest the adjushnent as provided
below
A Procedure and Protest bv the Contractor If the Contractor disagrees wrth
anything required by a written work change directive, oral work change
directive or change order, includmg any direction, mstruction,
mterpretation, or determination by the City, the Contractor sha11
Give a signed written notice of protest to the Crty withm one
busmess day,
2. Supplement the wntten protest within five (5) calendar days with a
written statement that provides the followmg information
a The date of the Contract's protest
b The nature and c�rcumstances that caused the protest
c The provisions in tlus agreement that support the protest
d The estunated dollar cost, if any, of the protested work and
how that eshmate was determined.
e An analysis of the progress schedule showuig the schedule
change or disruphon if the Contractar is assertmg a
schedule change or disruption
PUBLIC WORKS AGREEMENT — Page 3 of 10 (October 4, 2013)
(between Gty of Bremerton and Pipewor/rs Mecharacal and Service)
The Contractor shall keep complete records of extra costs and tune
mcurred as a result of the protested work T"he Crty shall have
access to any of the Contractor's records needed for evaluatmg the
protest
The City vv�ll evaluate all protests, provided the procedures m this
section are followed. If the Crty determmes that a protest is valid,
the City will ad�ust payment for work or tune by an equrtable
ad�ustment No ad�ustment will be made for an mvalid protest
B Contractor's Duty to Complete Protested Work In spite of any protest,
the Contractor shall proceed promptly vv�th 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) wnting a separate
acceptance, or (3) not protesting m the way this section provides A
change order that is accepted by Contractor as provided m this section
shall constitute full payment and final settlement of all claims for contract
time and for duect, mdirect and consequent�al costs, includmg costs of
delays related to any work, erther covered or affected by the change
D Failure to Protest Constitutes Waiver By not protesting as tlus section
provides, the Contractor also waives any additional ent�tlement and
accepts from the City any written or ora.l order (includmg directions,
instruchons, interpretations, and determinahon).
E Failure to Follow Procedures Constitutes Waiver By failmg 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
(includmg directions, instructions, mterpretations, and determmation)
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders vv�thm fourteen (14) calendar days of the occurrence of the events giving nse
to the claims Any claim for damages, addrtional payment for any reason, or extension of tune,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claun is made in stnct accordance wrth the apphcable
provisions of tlus agreement; or, if (and only i fl no such provision is applicable, unless that claim
is set forth m detail in writing and received by the Crty within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts givrng nse to the claim At a
mmimum, a Contractor's written claim must mclude the information set forth regardmg 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
PUBLIC WORKS AGREEMENT — Page 4 of 10 (October 4, 2013)
(between C�ty of Bremerton and Ptpeworks Mechanical and Servtce)
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 bruig any si.ut arising from or connected
wrth this agreement within 120 calendar days from the date the contract work is complete
9. WARRANTY. The Contractor sha11 correct all defects in workmanship and
matenals wrtlun one year from the date of the Contractor's acceptance of the Crty's final
payment under this contract When defects are corrected, the warranty for that portion of the
work sha11 extend for one year form the date such correchon is completed and accepted by the
City. The Contractor sha11 begin to correct any defects withui seven (7) calendar days of rts
receipt of notice from the City of the defect. If the Contractor does not accomplish the
corrections wrthin a reasonable time, the Crty may complete the correchons and the Contractor
shall pay all costs mcurred by the City m order to accomplish the correchon
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the Crty, rts
officers, officials, employees, agents and volunteers harmless from any and a11 claims, m�uries,
damages, losses or smts includmg all legal costs and attorney fees, arismg out of or in connechon
with the performance of tlus agreement, except for m�unes and damages solely caused by the
Crty's negligence
The Crty's mspection or acceptance of any of Contractor's work when completed shall
not be grounds to avoid any of these covenants of mdemiuficahon
Should a court of competent �urisdiction determme that tlus agreement is subject to RCW
4 24 115, then, m the event of habilrty for damages ansing out of bodily mJury to persons or
damages to property caused by or resultmg from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor's liabilrty hereunder shall
be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTR.ACTOR'S WAIVER OF IMMUNITY
UNDER 1NDUSTRIAL 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 expu�ation or termmation of this
agreement
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, uisurance against clauns for in�uries to persons or damage to properiy that may anse
from or m connechon with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors.
Before begmrung the work on the pro�ect descnbed m this agreement, the Contractor
shall provide a Certificate of Insurance evidencing:
PUBLIC WORKS AGREEMENT — Page 5 of 10 (October 4, 2013)
(between City of Bremerton and Pipeworks Mechanrcal and Service)
A Automobile Liabilrtv msurance wrth hmrts no less than $1,000,000 combmed
single lirrut per acczdent for bod�ly in�ury and property damage, and
B. Commercial General Liabilitv uisurance written on an occurrence basis wrth
lunits no less than $2,000,000 combined smgle limrt per occurrence and
$2,000,000 aggregate for personal injury, bodily m�ury and property damage.
Coverage shall include but not be limrted to blanket contractual,
products/completed operations/broad form property damage, explosion,
collapse and underground (XCU) if applicable, and employer's liability
Any payment of deduchble or self insured retenhon shall be the sole responsibility of the
Contractor.
The Crty reserves the nght to recerve a certified copy of a11 the required msurance
policies
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 msured shall be attached
to the Certificate of Insurance
The Contractor's msurance shall contam a clause sta.ting that coverage shall apply
separately to each uisured against whom claim is made or suit is brought, except wrth respects to
the hmits of the insurer's Labihty
The Contractor's msurance shall be pnmary msurance as respects the Crty, and the
City shall be given tlurty (30) calendar days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
If this contract requ�res work to be performed in or on navigable waters, the
Contractor shall provide insurance written on an occurrence basis v�nth limits no less than
$2,000,000 combmed single luYUt per occurrence and $2,000,000 aggregate for claims made
under the Longshoreman and Harbor Workers Act and the Jones Act
12. MISCELLANEOIIS.
A. Nondiscnmination. In the luring 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
ongm, 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
PUBLIC WORKS AGREEMENT — Page 6 of 10 (October 4, 2013)
(between City of Bremerton and Ptpeworks Mechanical and Servtce)
B Compliance wrth 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 sha11 be responsible for the safety of rts
employees, agents, and subcontractors m the performance of tlus
agreement All work shall be done at Contractor's own nsk, and
Contractor sha11 be responsible for any loss of or damage to matenals,
tools, or other anc�les used or held for use m connection wrth the work
D Nonwaiver of Breach. T'he failure of the City to uisist upon stnct
performance of any of the terms and rights contained herem, or to exercise
any option herein conferred in one or more instances, shall not be
constructed to be a waiver or relmqwshment of those terms and nghts and
they shall remam in full force and effect
E Governin� Law. This agreement shall be governed and construed m
accordance with the laws of the State of Washington. If any dispute anses
between the City and Contractor under any of the provisions of tlus
agreement, resolution of that dispute shall be available only through the
�unsdiction, venue and rules of the Kitsap County Supenor Court, Krtsap
County, Washmgton
F. Attornev's Fees. To the extent not mconsistent wlth RCW 39 04 240, m
any claun or lawsuit for damages arising from the parties' performance of
tlus agreement, each party shall be responsible for payment of rts own
legal costs and attorney's fees incurred in defendmg or bnngmg such
claim or lawsurt, however, notlung m this subsection shall lunrt the Crty's
nght to indemrufication under Section 10 of this agreement
G Written Notice. All communications regazdmg 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 dehvery, but m 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 Assi�nment. Any assignment of this agreement by the Contractor wrthout
the wntten consent of the City shall be void
I Modification No wa,�ver, alteration, or modificahon of any of the
provisions of this agreement shall be binding unless in wnting and signed
by a duly authonzed representative of the City and Contractor
PUBLIC WORKS AGREEMENT — Page 7 of 10 (October 4, 2013)
(between C�ty of Bremerton and Pipeworks Mechanrca! and Servrce)
J Severabilitv If any one or more sections, sub-sections, or sentences of
tlus agreement are held to be unconst�tutional or mvalid, that decision
shall not affect the validrty of the rema,�rung portion of tlus agreement and
the remauider shall remain in full force and effect.
K Entire A�reement The wntten provisions and terms of tlus agreement,
together wrth any attached Exlubrts, supersede all pnor verbal statements
by any representative of the Crty, and those statements shall not be
construed as formmg a part of or altenng m any manner this agreement
This agreement and any attached Exhibrts contasn the entire agreement
between the parties. Should any language in any E�ibit 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
CONTRACTOR
�.��o��.l �F��•��/
Pnnt Name 2/� �! ���� �
Trtle aGv.��-�—�
DATE �� d�T" Zdl�
THE CITY OF BREMERTON
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Pnnt Name G!-��1,,- 4�( ,� rj'I,�J
Title: �� �If�GL �,�.,.
DATE �D /1 �l �
Notices to be sent to:
CONTRACTOR
Rich Elmore
Pipeworks MechaYUCaI and Service
1701 T'hompson Ave
Bremerton, WA 998337
Ph 360-535-2288
Fx 360-627-9737
Notices to be sent to:
CITY OF BREMERTON
Kathleen Cahall
Water Resources Manager
100 Oyster Bay Ave N
Bremerton, WA 98312
Ph 360-473-2315
Fx 360-473-5018
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Br merton ity Clerk
R �I,EGAL\Contracts�FORMS\ShortForm PW Agr doc
PUBLIC WORKS AGREEMENT — Page 8 of 10
(between Ctry of Bremerton and Pipeworks Mechantcal and Service)
(October 4, 2013)
Attachment A
SCOPE OF WORK
Pro�ect site is City of Bremerton Booster Station 10 at 5785 Imperial Way
This is a fire booster station and fire flow wdl be out of service during the duration of the
pro�ect
Provide labor and equipment for demolition of piping and installation of new pipmg as
shown on the attached drawings
City will provide materials with the exception of the 12" 180-degree elbow
Pro�ect site will be secured at all times and doors/gates will be locked when contractor is
not on the site
Pamt all pipmg to match existmg usmg Tnemec brand pamt
It is urgent that the p6ping portion of this project be corr�pleted with6n a
working week of Monday — Friday. From time of commencernent of this
project to completion shall take no more than five (5, working days.
Painting can occur outside this one week window.
All prevading wage documentation must be provided
City Contacts
Ted Danielson 360-473-5494/360-509-7876
Chad Hantelman 360-473-5493/360-620-9189
Operations Office 360-473-2339
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REVISIONS
DESCRtRilCxd
GITY OF BREMERT�N PUBLIG WORKS AND UTILITIES
PUMP STATIC�N 10
FIRE FLOW PIPiNG MODIFICATIONS
VICINITY MAP
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fIELDBOOK CITY OF BREMERTON
DEPARTMENT OF PUBLIC WORKS S UTILITIES
ENGINtEERfNG DIVISION
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CR441N 8t ��� OtSICN 8Y TN CHECKED 8Y M�
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BOOSTER PUMP STATION #10
___ _ __ FIRE FLOW PIPING
MODtFICATION
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NOTES:
1 RESTRAIN ALL MECHANICAL JOINT FITTiNGS WITH MEGA-LUGS OR APPROVED EQUAL
2 DIMENSIONS SNOWN ON THE PLANS ARE APPROXIMATE CONTRACTOR Td VERIFY ALL PlPE AND SPOOL
LENGTHS PRIOR TO FABRICATION AND OR INSTALLATiON
3 CLEAN, PRIME AND PAINT ALL NEW AND REUSED FiT71NGS MATCH EXISTING PAINT COIOR
4
5
INSTALL ADJUSTABLE HOT DIPPED GALVANIZED PIPE SUPPORTS WHERE DIRECTED BY THE
ENGINEER ANp OR AS REQUIRED PER THE MANUFACTURER ANCHOR SUPPORTS TO CONCRETE
fLOOR USING HILTI STAINLESS STEEL EPDXY ANCHOR SYSTEM
CO�RDIM1IATE CONSTRUCTION AND SGHEDUIING WITH WATER RESOURCES VERIFY ALL DIMENSIONS
ANQ CLEARANCES PRIOR T� CONSTRUCTION
6 INSTALL ALL NEW BOLTS, NUTS, GASKETS ETC WHEN REUSING EXISTING FITTINGS
7 ALL PIPING TO BE CLEANED PRIMED AND PAINTED TO MATCH EXISTING WITH APPROVEd TNEMEC
WATER BASE PAINT TAPE ALL EXPOSED BOLT THREADS PRiOR TO PAINTING
f2ELOCATED A1R RELEASE VALVE
DRlLL AND TAP TO MATCH EXISTWG
BEND, 180 DEG (FLj
D I ADAPTER {FLXMJ)W/ MEGA-LUG �
D I PIPE (CUT TO FIT)�
D 1 ADAPTER (FLXMJ) W/ MEGA-L.UG
EXISTtPlG 12" D 1 TEE (ROTATE 180 DEG y�
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D 1 REDUCER {FL)
O 1 TEE (FL)
4" X 3" BLlND FLANGE FIP 1'-1" 1'
3" COPPER PIPE
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