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HomeMy WebLinkAbout5331s t Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5331 MORREY CONSTRUCTION PWA-Chlorination Building for Wells 15/17 Water Resources LEG 12-1 12/23/2013 1/31/2014 2/1/2014 2014 Comments : .� ���t �Y PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered mto between the Crty of Bremerton, a Washuigton Mumcipal Corporation ("Crty"), and Morrey Construction (Contractor"), whose mailmg address is 8393 Raven Creek Ct NW, Bremerton, WA 98311 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the followmg services for the City Construct a buildmg addition to the chlormation buildmg for Wells 15/17 per the attached sketch, E�ibit A 2. TIME OF COIVIPLETION. Contractor shall complete the work by January 31, �z���� 3. COMPENSATION. The City shall pay the Contractor the total amount of $16,009 00, plus any applicable Washmgton State Sales Tax, for the work and services contemplated m this agreement The Crty shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remamder upon fulfillment of the conditions listed below and throughout this agreement A No Performance Bond Because this contract, mcludmg applicable sales tax, is less than $25,000, and pursuant to Chapter 39 08 RCW, the Contractor, m lieu of providuig the Crty a performance bond, has elected to have the owner retam the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of fmal 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 ula e The City shall hold back a retamage m the amount of five cent (5%) of an ayments made to contractor fo • of sixty (60) days after the date of ceptanc ntil receipt of all necessary releases from the State De nt o ue and the State Department of Labor & Indu until settlement of any liens der Chapter 60 28 RC , ichever is later C Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work Defective or unauthonzed work mcludes, wrthout lunitation work and materials that do not conform to the requ�rements of this agreement, and extra work and materials furmshed wrthout the Crty'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 "Additional costs" shall mean all reasonable costs, mcludmg legal costs and attorney fees, mcurred by the City beyond the maximum Contract pnce specified above The City further reserves rts right to deduct the cost to complete the Contract work, mcludmg any Addrtional Costs, from any and all amounts due or to become due the Contractor D Final Pavment Waiver of Claims 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. INDEPENDENT CONTRACTOR. Contractor is and shall be at all tunes actmg as an mdependent contractor and not as an employee of the Crty The Contractor shall secure at its expense, and shall be responsible for all payments of mcome tax, social securrty, state uidustrial 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 requ�red, in connection wrth the contract services, mcludmg all requ�red licenses for Contractor's officers, agents, employees and sub-contractors 5. TERMINATION. The Crty may termmate this agreement wrthout notice for good cause "Good cause" shall ulclude, wrthout limrtation, any one or more of the followmg events A The Contractor's failure to supply sufficient skilled workers or surtable materials or equipment B The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion wrthul the ongmal phys�cal completion tune specified ul this Agreement and any extensions of tune which may have been granted to the Contractor by change order or otherwise C The Contractor's failure to make full and prompt payment to subcontractors or for material or labor D The Contractor's disregard of federal, state or local laws, rules or regulat�ons E The Contractor's filmg for bankruptcy or becomulg ad�udged bankrupt F The Contractor disregards the authorrty 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 failure to provide continuous competent supervision I The Contractor otherwise violates m any material way any provisions or requ�rements of the contract If the Crty termulates tlus agreement for good cause, the Contractor shall not receive any momes due under this agreement, if any, until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevaihng Wages," wrth the State of Washmgton Department of Labor & Industries prior to commencmg the Contract work Contractor shall pay prevailmg wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other apphcable prevailuig wage rate provisions The latest prevailmg wage rate revision issued by the Department of Labor and Industries is attached 7. C�IANGES. The Crty may issue a wrrtten or oral work change d�rective for any change m the Contract work durmg the performance of this agreement If the Contractor deternunes, for any reason, that a change order is necessary, Contractor must submit a wrrtten change order request to the City's pro�ect manager withui two (2) busmess days of the date the Contractor knew or should have known of the facts and events givulg rise to the requested change If the City determmes that the change mcreases or decreases the Contractor's costs or tnne for performance, the City will make an equrtable ad�ustment The City will attempt, m good farth, to reach agreement wrth the Contractor on all equitable ad�ustments However, if the parties are unable to agree, the Crty will determuie the equitable ad�ustment as rt deems appropnate The Contractor shall proceed wrth the change order work upon receivmg erther a wrrtten or oral work change d�rective from the Crty or a change order from the Crty If the Contractor fails to requ�re a change order wrthin the tune allowed, the Contractor waives its right to make any claim or subrmt 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 ad�ustment as provided below A Procedure and Protest by the Contractor If the Contractor disagrees with anythmg requ�red by a written work change directive, oral work change d�rective or change order, mcludmg any d�rection, mstruction, mterpretation, or determmation by the City, the Contractor shall 1 Give a signed written notice of protest to the Crty wrthm one busmess day, 2 Supplement the wrrtten protest wrthin five (5) calendar days with a wrrtten statement that provides the followmg ulformation a The date of the Contract's protest b The nature and c�rcumstances that caused the protest c The provisions m this agreement that support the protest d The estunated dollar cost, if any, of the protested work and how that estunate was determuled e An analysis of the progress schedule showuig the schedule change or disruption if the Contractor is assertmg a schedule change or disruption The Contractor shall keep complete records of extra costs and tune incurred as a result of the protested work The City shall have access to any of the Contractor's records needed for evaluatmg the protest 3 The Crty will evaluate all protests, provided the procedures m tlus section are followed if the Crty determines 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 ulvalid protest B Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly wrth the work as the City has ordered C Contractor's Acceptance of Chan�es The Contractor accepts all requ�rements of a change order by (1) endorsmg it, (2) writmg a separate acceptance, or (3) not protesting ul the way this section provides A change order that is accepted by Contractor as provided m this section shall constrtute full payment and final settlement of all claims for contract tune and for d�rect, md�rect and consequential costs, mcludmg costs of delays related to any work, either covered or affected by the change D Failure to Protest Constrtutes Waiver By not protestmg as this section provides, the Contractor also waives any addrtional entitlement and accepts from the City any wrrtten or oral order (mcluding d�rections, mstructions, mterpretations, and deterrrunation) E Failure to Follow Procedures Constitutes Waiver By failuig to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any wrrtten or oral order (mcludulg d�rections, mstructions, mterpretations, and determuiation) 8. CLAIMS. The Contractor shall give wrrtten notice to the Crty of all clauns other than change orders withul fourteen (14) calendar days of the occurrence of the events givulg rise 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 tunely written claim is made m stnct accordance wrth the apphcable provisions of this agreement, or, if (and only ifl no such provision is apphcable, unless that claim is set forth m detail m wrrtmg and received by the City withm seven (7) calendar days from the date Contractor knew, or should have known, of the facts givmg rise to the claim At a mulimum, a Contractor's wrrtten claim must mclude the mformation set forth regardmg protests m Section 7A2a-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, m any event, file any claun or brmg any surt arismg from or connected with this agreement wrthui 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects m workmanship and materials wrthul 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 Crty The Contractor shall begm 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 accomphsh the corrections withui a reasonable tune, the Crty may complete the corrections and the Contractor shall pay all costs mcurred by the City m order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, mdemnify and hold the Crty, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits mcludmg all legal costs and attorney fees, arismg out of or m connection wrth the performance of this agreement, except for m�uries and damages solely 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 Should a court of competent �urisdiction deternune that this agreement is sub�ect to RCW 4 24 115, then, m the event of liabilrty for damages arismg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Contractor and the City, rts 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 survrve the exp�ration or termuiation of this agreement 11. INSURANCE. The Contractor shall procure and mamtam for the duration of this agreement, msurance agamst claims for ui�uries to persons or damage to property that may arise from or ul connection wrth the perfortnance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before begulmng the work on the proJect described m this agreement, the Contractor shall provide a Certificate of Insurance evidencmg A Automobile Liabilitv msurance with limits no less than $1,000,000 combmed smgle liirut per accident for bodily ui�ury and property damage, and B Commercial General Liabilitv msurance wrrtten on an occurrence basis wrth limits no less than $2,000,000 combmed smgle limit per occurrence and $2,000,000 aggregate for personal ul�ury, bodily in�ury and property damage Coverage shall mclude but not be limrted to blanket contractual, products/completed operationslbroad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's hability Any payment of deductible or self msured retention shall be the sole responsibilrty of the Contractor The City reserves the nght to receive a certified copy of all the requ�red msurance policies The City, its officials, employees, agents and volunteers shall be named as an addrtional msured on the msurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement nammg the Crty as additional msured shall be attached to the Certificate of Insurance The Contractor's msurance shall contam a clause statmg that coverage shall apply separately to each msured agauist whom claim is made or suit is brought, except with respects to the limrts of the msurer's liabilrty The Contractor's msurance shall be prunary msurance as respects the City, and the City shall be given thuty (30) calendar days prior wrrtten notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage If this contract requ�res work to be performed ui or on navigable waters, the Contractor shall provide msurance wrrtten on an occurrence basis with limits no less than $2,000,000 combmed su�gle limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MISCELL,ANEOUS. A Nondiscrimmation In the hu of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, rts sub- contractors, or any person actmg on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origm, or the presence of any sensory, mental, physical disability, or sexual orientation discrunmate agamst any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply wrth 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 rts employees, agents, and subcontractors m the performance of this agreement All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use u1 connection with the work D Nonwaiver of Breach The failure of the Crty to insist upon strict performance of any of the terms and rights contamed herem, or to exercise any option herem conferred in one or more mstances, shall not be constructed to be a waiver or reluiquishment of those terms and rights and they shall remam m full force and effect E Governui Law This agreement shall be governed and construed m accordance with the laws of the State of Washmgton If any dispute arises between the Crty and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the �urisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washmgton F Attorne 's Fees To the extent not mconsistent wrth RCW 39 04 240, m any claim or lawsuit for damages arismg from the parties' performance of th�s agreement, each party shall be responsible for payment of rts own legal costs and attorney's fees mcurred m defendulg or bruiging such claim or lawsurt, however, nothulg in this subsection shall limrt the City's right to mdemnification under Section 10 of this agreement G Wrrtten 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 wrrtten 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 wrthout the wntten consent of the Crty shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be bmdmg unless m writmg and signed by a duly authorized representative of the City and Contractor J Severabilrtv If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional 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 wrth any attached E�ibrts, supersede all pnor verbal statements by any representative of the Crty, and those statements shall not be construed as formulg a part of or alterulg u1 any manner this agreement This agreement and any attached Exhibrts contaul the ent�re agreement between the parties Should any language ui any Exhibit to this agreement conflict wrth any language contauled m this agreement, the terms of this agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this agreement f� Prult Name � i S Title �'�t�'� �� DATE � � �� 3 °� Notices to be sent to: CONTRACTOR Morrey Construction 8393 Raven Creek Ct NW Bremerton, WA 98311 THE CITY OF BREMERTON �, Q���-� i . Pru1t Name Gff�� �'k i fvtl}QT/v ST/��'"" Title Pv✓ ��'rc��,�' DATE � T 'd-rJ l �S Notices to be sent to: CITY OF BREMERTON 100 Oyster Bay Ave N Bremerton, WA 98312 (360) 473-5920 (360) 473-2330 (facsimile) APPROVED AS TO FORM re rton Crty Attorney TEST ,. , Bremerton Crty Clerk R \LEGAL\Contracts�FORMS\ShortForm PW Agr doc EXHIBIT A Drawing a 10' nd Scope � ` 3 8' 8 i/2�� 6' 1 i/a" Control Room � ; Existing ' µ .. 200 gel ' �,_ ... doubla wall tank � W �aro.sz H� � 1 -------' 45"x45"x12" Ped ��ava ; 6' 1 i/a" — ° W15 Cl2 Room 1 � Existmg � � ��g�3/0 DOOR � � ( � 3/0 Dt?OR � � DRAWING _ _ _ � J ,_ W � _ _ �. : � _ , r: . _ , NOTTO WW � w F�aw � m W � W SCALE � MTR � vwa� COMMS $� ��� VAULT �� g " a � E 38" � , ML4NHOLE � COVER W 15/17 FLOW METER FAULT t$ A ��4'�1' x 4 l ATCM �� � _ � 9� 3 5�� _ _ _ _ 9'35"� � i � � � � �__ T _ _ �.� �.� � �...�i � w w �� } rv � � _ _,._ � ,_ _ ._ _ _ � � 5 pump W17 pump � 500 allon �� g skid skid � double wall tank � � � ,(59"D x 71"H) I i i i i I i I �_____...__�_._I I 32"—� 63"x63"x12" pedestal � � ..,. _ µ _. ._ Y .. _ ..,. _ _ s1 _ _ 3 7ioordran " f ` ! � \�F _ _ _ _ 95 ' I I I 1 � I 1 I I W17 Cl2 Room 2 �� � IEI Addrtion E=� 1 1 — — — — --- ---�� ---�— — — - — —� I � — •— — � 5, � 1 _ _ _ 23 5" I _ - - - � W 103" t m�� .,�.,X��Y�?�:��2.:�,�n..3.,...r.,.�.o..r.r _ _ _„€-�,.�� �,..c a ".�°S3 1 Groundwork/prepfor4+flatworkw/rebarorwire 2 Constructablockadditiontoexistingbldg 3 Include2 Floordramstubbedoutsideofconcreteslabdimensionarea 4 IndudeBLDG Permit 5 Ma[chexisUngCMUblocks&Lleroof 6 Include double doors installed (no ha rdwa re other than hinges) 7 Includeoneopen�ngforalouveredven[ (floorlevelclosetodoor) 24 x24 "" 8 Blockwallheightis8tall 9 Include continuous run gutters both 6ontand back �.,._���.___...�.....,,...r.._..__ctrv __ —��__.._�_�_�___� 1 'Powerthroughwall 2 Waterthroughwall 3 Trenchp1W15/17m�ectionhnestoin�ecuonvault 4 Trenchtl2FlowmeterpoWer/commstoflowmetervault 5 Removemeterboxoneastsideofbldg anddisconnec[wa[erline 6 3lnstallvent/fansineachroom 7 Acquiretanks/pumpsandrelatedequipment ( — EXISTING WATER '— r^ EXISTtNG CHLOR[NE SUPPLY� �OE�ECTOR _ �' �__ • - �= ' �' �=°� C � - r� - -�-'_ �,�-. .. i C � L J �, �XiS' i �. i + � • • I ^ } f � = AN � �i� I (� '� r L ' � WE? 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S U�CATED �NIT�IN �HE Cl 0� aR�UER�ON WATcRSH�D T�-E5� 'vti`E�LS SE�VE Sc°nR�Tt FRESS�JR� LChE� �rELL �1 i �S GUR�N iLY CrILORIN�iE� MQDI�ICAiiONS TO W�LL ;-:i7 CNLORINATION nR= LIh111E� �t�. ��L�C,��iON CF TNE CHLOFIt�E SOLUTIOh LiNc INTO P COMNON VAULT, AND R�LOCAifON CF E�U �1vitNT W(THlt�l TI�,� tXISTING CriI.OP,I'�!",TION ROOM � (� � C�, INJE�:TION L?NE ��h4 ��� EX�STiNG STQPAGE a��c � � �- WELL ,�17 �� i — — — — I � � ,l a o �� _ .� — � � �/�" _ — — �v— /' � __� —J !�--- 1� � � \ �� LEGEND F = PO4VER � �,� I T = TELEMEiicY 1 �� �I CL.z= CH ORWE SQLUTICN ' �I D I= DUC7ILE iRdN �� � D = DRAINUNE \ (` WELL#i7 \��� SITE PLAN NTS REVISIONS fl ,• r � �� a� Z WELLS T15 & r17 PRE IN T;-sE "UN��C�M �u�L�ING C�?D� S"c1SP�l�C RISK %ONE 3' 3 HAN.�,IE, STORE, �1`dU M^,sNTA�h CHLOP,IN� !N CC�Pr�rLIANCE Wf CHLOR�iV� INST,TI:TE STAND�ROS, MS�S, AN� ALL OTrEK ?P°L�CABLE RtGJLATIONS 4 C^rERATE AtvD MAINT4IN CH�ORWE EG��I°MENT AND �ISCH�P.Gc C�-LOP,'�,� SOLUTION IN COM�UANC� 1h'11� �WWA CHLJRI�IE 1NST��UTE1Af�;U ^.LL GT;-iER �D°LiC�c_c SSAfVDPRDS CiTY OF BREMERTOF�1 wc� � .ua r �� C HL UK/NH / IUN! tLtU�ClI.HL BU/LD/NG - _ p 4"P�C G TO ATtilOSPJ�ElCE TRANSF0�4i61ER � ''J � q8�27TY �( / 3 � / P — r EX /0 D J rio �PES �`4) /_ ►� x 8 RED. � 7 Ex 8"D/ <TO S/7 ZONE) � � o`� ►�.� ��•sr�� � -C G C� 1..� G e� J R-''a� 0 I � �. � 0 � � ROVIDE T2FJUCN �OR POWEl2 NSTALLATtON SY OTHERS) _ i%vATER St/PPLY FAZ . 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AT �/AULT INT- + � o 5 �.= ER�OR ; I NSTAL-1— c, lO8 L F 4"D � W,Nf � �� _ �a TRAVERSE \ t � a �-�� O C �� -4"22�z BFJUD,MJ _W/T'HRUSTBLOCK/ �"2"a_o A55`Y / �� E i � ! � � �I Due to increasing regulations on gas chlorine, the City of Bremerton is in the process of converting all gas chlorme water treatment facilities to sodium hypochlorite (hypo) Last year (2012-13) we completed the conversion of Bremerton Well 18/20 facility from 150-Ib gas chlorine tanks to hypo We are currently in the process of converting the Well 15/17 facility with the last facility, Anderson Creek Pump Station 2 to be done at a later date When converting from gas to hypo it requires more space for the hypo tanks as compared to the 150-Ib gas chlorine cylinders The existing Well 15/17 building �s too small to accommodate the two hypo tanks and requires the building extension The Contractor's scope will consist of. e Securing needed building permits • Construct a block addition to the existing building to match existing More detailed scope is included on the drawings