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HomeMy WebLinkAbout5334Contract Number: 5334 Vendor: Sub�ect: Department: File Class: Beqin Date: End Date: Review Date: Vault Date: TRENCHLESS CONSTRUCTION SERVICES LLC Orange Drive 8" Main Engineering LEG 12-1 12/27/2013 2/28/2014 3/1/2014 � 2014 Comments : PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Mumcipal Corporation ("Crty"), and Trenchless Construction Services LLC ("Contractor"), whose mailing address is 4103 241 Street NE, Arlmgton, WA 98223 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City Install two (2) 50-foot steel casings underneath the U S Navy Railroad lme on Orange Drive at the depth and location as specified m the plan drawings for the Water Mam Improvements — Orange Drive, dated November 19, 2010 2. TIME OF COMPLETION. Contractor shall complete the work within 30 calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor a not to exceed cost of $80,000, mcluding Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall 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 Crty payment shall not constitute a waiver of the Crty's right 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 until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retaina�e The City shall hold back a retainage in 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 & Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later C Defective or Unauthorized Work The City reserves rts right to wrthhold payment from Contractor for any defective or unauthorized work Defective or unauthorized work includes, without limitation work and materials 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 City may complete the work by contract or otherwise, and PUBLIC WORKS AGREEMENT — Page 1 of 10 (December 23, 2013) (between C�ty of Bremerton and Trenchless Constructcon Serv�ces LLC) Contractor shall be liable to the City for any additional costs incurred by the City "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, including any Additional Costs, from any and all amounts due or to become due the Contractor D Final Payment Waiver of Clasms 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 times acting 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 security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors 5. TEIZMINATION. The City may ternunate this agreement without notice for good cause "Good cause" shall include, without lirrutation, any one or more of the following events A The Contractor's failure to supply sufficient slalled workers or suitable materials or equipment B The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise C D E F The Contractor's failure to make full and prompt payment to subcontractors or for material or labor The Contractor's disregard of federal, state or local laws, rules or regulations The Contractor's filing for bankruptcy or becorrung ad�udged bankrupt The Contractor disregards the author�ty of the City PUBLIC WORKS AGREEMENT — Page 2 of 10 (December 23, 2013) (between City of Bremerton and Trenchless Construct�on Servcces LLC) 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 contmuous competent supervision I The Contractor otherwise violates in any material way any provisions or requirements of the contract If the City ternunates this 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 Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing 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 applicable prevailing 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 during the performance of this agreement If the Contractor deternunes, for any reason, that a change order is necessary, Contractor must subirut a written change order request to the City's pro�ect manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City deternunes that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable ad�ustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable ad�ustments However, if the parties are unable to agree, the City will determine the equitable ad�ustment as it deems appropriate The Contractor shall proceed with the change order work upon receiving either 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 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 adJustment 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 anything required by a written work change directive, oral work change directive or change order, including any direction, mstruction, interpretation, or deternunation by the City, the Contractor shall 1 Give a signed written notice of protest to the City within one business day, 2 Supplement the written protest within five (5) calendar days with a written statement that provides the following information PUBLIC WORKS AGREEMENT — Page 3 of 10 (December 23, 2013) (between Ccty of Bremerton and Trenchless Construct�on Servcces LLC) 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, if any, of the protested work and how that estimate was determtned e An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption The 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 in this section are followed if the City deternunes that a protest is valid, the City will ad�ust payment for work or time by an equitable ad�ustment No ad�ustment will be made for an invalid 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 Contractor's Acceptance of Chan�es 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 constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, includmg costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (mcluding directions, mstructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing 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 (mcluding directions, instructions, interpretations, and deternunation) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within 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 waived by the Contractor unless a timely written claim is made in strict accordance with the applicable PUBLIC WORKS AGREEMENT — Page 4 of 10 (December 23, 2013) (between Ccty of Bremerton and Trenchless Constructcon Servcces LLC) provisions of this agreement, or, if (and only i� no such provision is applicable, unless that claim is set forth in detail in writing and received by the City withm seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim At a mimmum, a Contractor's written claim must include the mformation set forth regardmg protests in Section 7 A 2 a-e FAII.URE 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 claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship 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 Crty The Contractor shall begin to correct any defects within seven (7) calendar days of rts receipt of notice from the City of the 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 m order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, in�uries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance 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 indemmfication Should a court of competent �urisdiction determine that this agreement is sub�ect to RCW 4 24 115, then, in the event of liability 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 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 ternunation of this agreement PUBLIC WORKS AGREEMENT — Page 5 of 10 (December 23, 2013) (between C�ty of Bremerton and Trenchless Construct�on Servcces LLC) 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for in�uries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginnmg the work on the pro�ect described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing A Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit 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 combined single lirrut per occurrence and $2,000,000 aggregate for personal in�ury, bodily in�ury and property damage Coverage shall include but not be lirruted to blanket contractual, products/completed operations/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 required insurance policies The City, its officials, employees, agents and volunteers sha11 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 narrung the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the lirruts of the insurer's liability The Contractor's insurance shall be primary insurance as respects the City, and the Crty shall be given thirty (30) calendar days prior written notice by certified masl, return receipt requested, of any cancellation, suspension or material change in coverage If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with lirruts no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MI5CELLANEOUS. PUBLIC WORKS AGREEMENT — Page 6 of 10 (December 23, 2013) (between C�ty of Bremerton and Trenchless Constructcon Servcces LLC) 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 acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discrirrunate 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 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 employees, agents, and subcontractors in 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 in connection with the work D Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they sha11 remain in full force and effect E Governin� This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City 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, Washington F Attorney's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall lirrut the City's right to indemmfication under Section 10 of this agreement G Written Notice All communications 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 in 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 PUBLIC WORKS AGREEMENT — Page 7 of 10 (December 23, 2013) (between City of Bremerton and Trenchless Construct�on Services LLC) H Assi ng ment Any assignment of this agreement by the Contractor without the written consent of the City shail be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severabilitv 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 remamder shall remain m full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail IN WITNESS WI�EREOF, the parties below have executed this agreement Notices to be sent to: CONTRACTOR � .�_ .L�. .� ' 111 � _! �iI ,' I ���I 1 . �� it L..L ► � •�� � ����.� � . 1 �L�l.� ♦ ' / ' i � • J THE CITY OF BREMERTON Print N A`7T Title � DATE `.Z r".Z?''`� Notices to be sent to: CITY OF BREMERTON � , .r a . _ . Bremerton, WA���/!`�'i)' �310 (360) 4r�3•S2 O (360) �13• 591� (facsirrule) PUBLIC WORKS AGREEMENT — Page 8 of 10 (December 23, 2013) (between Ccty of Bremerton and Trenchless Construct�on Serv�ces LLC) DATE �� �� I� APPROVED AS TO FORM � Bremerton City Attorney ATTEST remerton Crty Cle R �L,EGAL\Contracts�FORMS\ShortForm PW Agr doc PUBLIC WORKS AGREEMEN'I' — Page 9 of 10 (December 23, 2013) (between Ccty of Bremerton and Trenchless Constructcon Servcces LLC) PREVAILING WAGES •+•e ���� , '•'• 4103 - 241 Street NE •:•; �! � !,� �,� Arlington, WA 98223 �' `� s ' � �� PHONE (360) 474-0123 CO/VSTRL/+CTIO/N SEf7t//CES LLC FAX (360) 4740195 LETTER OF TRANSMITTAL TO City of Bremerton 3027 Olympus Drive Bremerton WA 98310 WE ARE SENDING YOU [ ] Shop drawings [ ] Copy of letter [X] Attached [] Under separate cover via [ ] Prints [ ] Plans [ ] Change order [ ] DATE 12/23�13 JOB NO 2013110 ATTENTION RE Oran e Drive Jack and Bore the following items [ ] Samples [ ] Speafications SPEC CONTRACTOR'S NO PARAGRAPH Cat Or Dwg No DESCRIPTION COPIES �v � Sub-contract A reement 1 � �a��d�'�� �d�°. "' THESE ARE TRANSMITTED as checked below [ ] For approval [ ] For your use [ ] As requested [ ] For review and comment [ ] FOR BIDS DUE REMARKS [ ] Approved as submitted [ ] Approved as noted [ ] Returned for corrections [1 20 [ ] Resubmit copies for approval [ ] Submit copies for distnbution [ ] Retum corrected pnnts [] PRINTS RETURNED AFTER LOAN TO US The pertormance bond has been requested As soon as I receive it I wdl forward it on Please let me know if vou reawre anv monthlv comoliance renorts or if there are anv Federal waaes m COPY TO SIGNED Cherie Dubell / Pro�ect Coordinator cdC�3trenchlessconstruction com