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Home My WebLink About5304 Contract Number: 5304 Vendor: THYSSENKRUPP ELEVATOR AMERICAS Subject: PWA - Kitsap Conference Center Expansion Project Department: Public Works File Class: LEG 12 -1 Begin Date: 10/30/2013 End Date: 3/14/2014 Review Date: 3/31/2014 Vault Date: Comments: CO #1 2/10/14 PUBLIC WORKS AGREEMENT Between the City of Bremerton and ThyssenKrupp Elevator Americas Change Order #1 The contract entered into between the City of Bremerton, a Washington Municipal Corporation `City"), and ThyssenKrupp Elevator Americas ("Contractor"), whose mailing address is 2021 130 Avenue NE, Bellevue, WA, 98005, on October 30, 2013 is hereby amended as follows: 1. CONTRACTOR SERVICES. This paragraph is amended to include the following: Provide cab interior retrofit as detailed in the attached subcontract change order request dated 2014. 3. COMPENSATION. Compensation shall be increased by $18,785, plus any applicable sales tax. All other terms and conditions of the original contract remain unchanged. IN WITNESS WHEREOF, the parties below have executed this change order agreement. CO CTOR THE CITY OF B 1 9"k Print Nam Print N e: Title: Title: DATE 1 Lj 11 y DATE ; Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chal Martin 100 Oyster Bay Avenue Bremerton, WA 98312 (360) 473 -5758 (360) 473 -5018 Fax 1 2549 - L089DC) - Kl t5Gp Co -�ererncz i PUBLIC WORKS AGREEMENT Between the City of Bremerton and ThyssenKrupp Elevator Americas Change Order #1 APPROVED AS TO FORM: ti` Bremerton Ci Atto ey EST: Bremerton City Clerk 2 Contract Number: Vendor• Sub�ect: Department: File Class: Begin Date: End Date: Review Date. Vault Date• 5304 THYSSENKRUPP ELEVATOR AMERICAS PWA - Kitsap Conference Center Expansion Pro�ect Public Works LEG 12-1 10/30/2013 3/14/2014 3/31/2014 Comments: PIJBLIC WORKS AGItEEMENT THIS AGREEMENT, is entered mto between the City of Bremerton, a Washington Murucipat Corporation ("City"), and ThyssenKrupp Elevator Americas ("Contractor"), whose mailing address is 2021 130� Avenue NE, Bellewe, WA 98005 The parties agree as follows 1. CUNTRACTOR SERVICES. The Contractor shall perform the following services for the Crty. Elevator Retrofit for the ICitsap Reg�onal Conference Center Retrofitted elevators will meet or exceed the following performance criteria, outlined below and further defined in Appendix C of the Request for Proposals, Elevator Retrofit for the Krtsap Reg�onal Conference Center, issued August 21, 2013: • Speed: 200 feet per mmute, plus or mmus 3% • Flight t�me: 12 5 seconds • Door opening time 1.6 seconds • Door closing time 2 4 seconds • Levelmg 1/8 mch 2. TIME OF COMPLETION. Contractor shall complete the work by March 14, 2014 3. COMPENSATION. The Crty shall pay the Contractor the total amount of $95,253, plus any applicable Waslungton State Sales Tax, for the work and services contemplated m this agreement The Contractor sha11 invoice the City monthly. The City will pay for the portion of the work described in the mvoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a waaver of the City's nght to final inspection and acceptance of the project. 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 in effect until sixty (60) days after the date of final acceptance, or until receipt of a11 necessary releases from the State Department of Revenue and the State Department of Labor and Industries and unhl 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 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 & Industnes and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later. PUBLIC WORKS AGREEMENT—Page I of ]0 (October24, 2013) (between Crty of Bremerton and ThyssenKrupp Elevalor Americas) C Defective or Unauthorized Work The City reserves its right to withhold payment from Contiactor for any defective or unauthorized work Defective or unauthorized work mcludes, without limrtation work and mater�als that do not conform to the requirements of this agreement, and extra work and�materials furnished without the City's written approval If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the Crty may complete the work by contract or otherwise, and Contractor shall be liable to the City for any addit�onal costs mcurred by the Crty "Additional costs" shall mean all reasonable costs, includmg legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above The City further reserves its right to deduct the cost to complete the Contract work, mcluding any Addit�onal Costs, from any and all amounts due or to become due the Contractor D. Final Payment Waiver of Clauns. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) 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. INI2EPlENYDENT CON�'RACTOR. Contractor is and shall be at all times actmg as an mdependent contractor and not as an employee of the City. The Contractor shall secure at rts expense, and shall be responsible for all payments of income tax, social security, state industnal insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors The Contractor sha11 also secure all applicable busmess licenses, if required, in connection wrth the contract services, mcluding all required licenses for Contractor's officers, agents, employees and sub- conUractors 5. 'TERMINATION. The City may terminate this agreernent without notice for good cause "Good cause" shall include, without lim�tat�on, any one or more of the following events: A The Contractor's failure to supply sufficient slcilled workers or surtable materials or equipment B The Contractor's failure to prosecute the work with such d�ligence as will ensure its physical completion v�nthin the origmai physical completion time specified m 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 PUBLIC WORKS AGREEMENT — Page 2 of 10 (October 24, 2013) (behveen Crty of Bremerton and ThyssenKrupp ElevnJOr Amer�cas) D The Contractor's disregard of federal, state or local laws, iules or regulations E The Contractor's filing for bankruptcy or becommg ad�udged bankrupt F The Contractor disregards the authorrty of the City. G The Contractor performs work wluch deviates from the Contract, and neglects or refuses to correct re�ected work. H The Contractor's failure to provide contmuous competent supervision The Contractor otherwise violates m any material way any provisions or requirements of the contract If the City termmates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed 6. PItEVAII.ING WAGES. Contractor shall file a"Statement of Intent to Pay Prevasling Wages," wrth the State of Washmgton Department of Labor & Industnes pnor to commencing the Contract work Contractor sha11 pay prevailing wages and comply vv�th Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailmg wage rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 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 determmes, for any reason, that a change order is necessary, Contractor must submrt a wrrtten change order request to the City's pro�ect manager wrthin 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 increases or decreases the Contractor's costs or time for performance, the City will make an equitable ad�ustment T'he City will atternpt, in good farth, to reach agreement wrth the Contractor on all equrtable ad�ustments However, if the parties are unable ta agree, the Crty will determine the equrtable adjustment as it deems appropriate The Contractor shall proceed with the change order work upon receivmg erth.er a written or oral work change directive from the CiTy or a change order from the City If the Contractor fails to require a change order within the hme allowed, the Contractor waives its right to make any cIaim or submrt subsequent change order requests for that portzon of the contract work If the Contractor disagrees v�nth 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 by the Contractor If the Contractor disagrees wrth anythmg required by a written work change directive, oral work change d�rect�ve or change order, including any direction, mstruction, interpretation, or determmation by the City, the Contractor shall PUBLIC WORKS AGREEMENT — Page 3 of 10 {Ociober 24, 2013) (between Ciry of Bre�nerJOn and ThyssenKrupp Elevato� Amer�cas) Give a signed wntten notice of protest to the Crty witlim one busmess day, 2. Supplement the written protest within five (5) calendar days wrth a written 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 agreernent that suppart the protest d The eshmated dollar cost, if 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 is asserting a schedule change or disruphon T'he Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest 3 The City will evaluate all protests, provided the procedures m this section are followed if the Crty determmes that a protest is valid, the Crty will ad�ust payment for work or time by an equita.ble ad�ustment No ad�ustment will be made for an mvalid protest B. Contractor's Duty to Complete Protested Work In sprte of any protest, the Contractor shall proceed promptly wrth the work as the Crty has ordered C Contractor's Acceptance of Chan,ges. The Contractor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Contractor as provided in this section shall conshtute full payment and final settlement of all claims for contract tune and for direct, mdirect and consequenhal costs, including costs of delays related to any work, erther covered or affected by the change D Failure to Protest Constitutes Waiver. By not protesting as th�s section provides, the Contractor also waives any additional ent�tlement and accepts from the Crty any wrrtten or oral order (mcluding directions, instructions, mterpretations, and determination) E Failure to Follow Procedures Const�tutes Waiver. By failmg to follow the procedures of this section, the Contractor completely waives any claims PUBLIC WORKS AGREEMENT — Page 4 of 10 (October 24, 2013) (between Gry of Bremerton und ThyssenKrupp Elevator Amerrcas) for protested work and accepts form the City any written or oral oider (including directions, mstructions, interpretations, and determmation) 8. CLAIMS. The Contractor shall give written notice to the Crty of all claims other than change orders wrthm fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been warved by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only i fl no such provision is applicable, unless that claim is set forth in detail in wrihng 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 minimum, a Contractor's wntten claim must include 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 brmg any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARitANTY. The Contractor shall correct all defects m workmanslup and materials within 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 correction 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 tb.e defect If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction 10. INDEMNIFICATION. Contractor sha11 defend, indemrufy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits mcluding all legal costs and attorney fees, ansing out of or in connection wrth the performance of thls agreement, except for in�unes and damages solely caused by the Crty's negligence T'he City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of mdemmficat�on Should a court of competent�urisdiction determine that tlus agreement is sub�ect to RCW 4 24 115, then, in the event of liab�lity for damages arising out of bodily in�ury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negltgence PUBLIC WORKS AGREEMENT — Page 5 of 10 (4ctobei 24, 1013) (betx�een Crty of Bremerto�� and ThyssenKrupp Elevalor Amerrcas) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 THIS INDEMNIFICATION THE PARTIES MUTUALLY NEGOTIATED THIS WANER RCW, S4LELY FOR THE PURPOSE OF ACKNOWLEDGE THAT THEY HAVE The provisions of this section shall survive the expiration or termmation of this agreement. 11. INSURANC�. The Contractor shall prflcure and maintam for the duration of this agreement, msurance aga.mst clums for m�uries to persons or damage to property that may arise from or m connection with the performance of the Contract work by the Contractor, its agents, representatrves, employees or subcontractors Before begmning the work on the project described m this agreement, the Contractor shall provide a Certificate of Insurance evidencmg A Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combmed single hmrt per accident for bodily in�ury and property damage, and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combmed single limrt per occurrence and $2,000,000 aggregate for personal in�ury, bodily m�ury and property damage Coverage sha11 include but not be iim�ted to blanket contractual, products/completed operahons/broad form property damage; explosion, collapse and underground (XCU) if applicable, and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor The City reserves the right to receive a certified copy of all the requzred msurance poticies The City, rts o�cials, 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 Certificate of Insurance The Contractor's msurance shall contain a clause stating that coverage shall apply separately to each insured aga�nst whom claim is made or suit is brought, except v�nth respects to the limits of the msurer's liabilrty The Contractor's msurance shall be primary insurance as respects the City, and the Crty shall be given thirty (30) calendar days pnor written notice by cerhfied mail, return receipt requested, of any cancellation, suspension or material change in coverage PUSLIC WORKS AGREEMENT — Page 6 of ] 0 (October 24, 2013) (behveen Crry of Bremer�on and ThyssenKrupp Elevator Arnerrcas) If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basas with lim�ts no less than $2,000,000 combmed smgle limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MISCELLANEOUS. A. Nondiscrimination In the hiring 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-contra.ctor shall not, by reason of race, relig�on, color, sex, national origin, or the presence of any sensory, mental, physical disabilrty, or sexual orientation discrimmate agamst 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 in the performance of this agreement C Work Performed at Contractor's Risk Contractor shall take all precauhons 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 risk, and Contractor shall be respons�ble for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D. Nonwarver of Breach The failure of the City to insist upon strict performance of any of the terms and nghts contained herem, or to exercise any option herem conferred m one or more mstances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remaan in full force and effect E Governing Law TYus agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute azises between the City and Contractor under any of the provisions of th�s agreement, resolution of that d�spute shall be available only through the �urisdiction, venue and rules of the Kitsap County Supenor Court, Kitsap County, Washmgton F. Attorney's Fees To the extent not �nconsistent w�th RCW 39 04 240, m any claim or lawsuit for damages ansing from the parties' performance of th�s agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringmg such PUBLIC WORKS AGREEMENT — Page 7 of 10 (October 24, 2013) (between Crty of Br emerlon and ThyssenKrupp Elevator Arnerrcas) claim or lawsuit, however, noth�ng in this subsection shall limit the City's nght to mdemnification under Sect�on 10 of this agreement G Wntten Notice. All commumcations regarding 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 ma�l, and sha11 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 written consent of the City sha11 be void Modification No waiver, alteration, or modificat�on of any of the provisions of this agreement shall be binding unless m wnhng and signed by a duly authonzed representative of the City and Contractor. Severabilrtv If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstituhonal or invalid, that decision shall not affect the validity of the remammg portion of tlus agreement and the remamder shall remain m full force and effect K Entire Agreement The wntten provis�ons and terms of this agreement, together wrth 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 altering in any manner tlus agreement. Th�s agreement and any attached Exhibits contam the entire agreement between the parties Should any language in any Exhibit to this agreement conflict wrth any language contamed in this agreement, the terms of tlus agreement shall prevail Ilv WITNESS WHEREOF, the parties below have executed this agreement THE CITY OF Notices to be sent to: CONTRACTOR � � ' f'ir��: L i : ;� DATE /� '"J � — 1-3 Notices to be sent to: CITY OF BREMERTON: PUBLIC WORKS AGREEMENT — Page 8 of 10 (October 24, 2013) (between Crry ojBremerton and ThyssenKrupp Elevato� Americas) DATE /��o�Fj � !3 �.I .� �:/�*Ti'� l/1�11�'��_ _��1.4''' � . . ., . � ' • . :. �1 � �1 ' •• � i♦ PUBLIC WORKS AGREEMENT — Page 9 of l0 (Oclober 24, 2013J (between Ctty of Brenzerton and ThyssenKrupp Elevator Americas) APPROVED AS TO FORM B merton City Attorney TEST � Bremerton Crty Clerk R \LEGAL\Contracts\FORMS\ShortForm PW Agr doc PUBLIC WORKS AGREEMENT — Page 10 of ] 0 (October 24, 2013) (behveen Gty of Bremerlon and ThyssenKrupp Elevalor Amerrcas) PREVAILING WAGES http Ilww�v !n� wa �ovlTradesL�censinJPrevWag�default asp