HomeMy WebLinkAbout5334Contract Number:
5334
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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
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THE CITY OF BREMERTON
Print N A`7T
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Notices to be sent to:
CITY OF BREMERTON
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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