HomeMy WebLinkAbout5396 Contract Number: 5396
Vendor: BELL PAINTINGS AND COATINGS
Subject: GSA - Reservor No. 19 & 20 Interior Coating
Replacement
Department: Public Works
File Class: LEG 12-1
Begin Date: 7/6/2014
End Date: 10/4/2014
Review Date: 11/1/2014
Vault Date: 2016
Comments: CO #O1 12/11/14
CiTY OF BREIVIERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: �
PROJECT NAME: Coating Inspection for Reservoir No, 19 �20— Interiar Coating
Reptacement
PROJ #: 45126 CONTRACTOR: Bell Painting and Coatings
ORIGINAL CONTRACT AMOUNT: 7689.00 DAYS: 90
PREVIOUSLY APPROVED CHANGES: 0.00 DAYS: 0
THIS CHANGE: 951.50 DAYS: 0
REVISED CON�'RACT AMOUNT: 8fi20.50 DAYS: 0
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform ail work as necessary or required to
complete the Change Order Items. The increase or decrease in contract price shown below includes
any applicable taxes.
DESCRIPTION OF CHANGES INCREASE IN (DECREASE)IN CONTRACT
CONTRACT CONTRACT 71ME
� � AMOUNT AMOUNT EXTENSION �
°� °' (S) (S) (DAYS:)
> >
� �
x Additional work to complete inspection at Reserooirs 19 and 20 951.50 p
I
�
NET CHANGE IN CONTRACT AMOUNT 951.50
INCREASE OR(DECRFASE)
ESTIMATED SALES TAX AT 8.7% p
TOTAL INCLUDING SALES TAX 951.5Q
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this
Change Order, including, without limitation, claims related to contract time, on-site or home office
CONTRACT CHANGE ORDER N0: 1
PROJECT NAME: Coating inspecfion for Resenroirs 19 and 20— Interior Caating Replacement
overhead, or lost profits. Nothing in this Change �rder shall limit the City's right to bring a claim for
past perfo�rnance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
cos#s relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change 4rder.
This document will become a supplement of the contract and aN provisions will apply hereto. It is
understood that this Change 4rder shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order
that is binding on the parties of this contract. tn addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change.
CONTRACTOR
r
A roved: DATE: ! �� '��
PROJECT AGE
Recommended: �C.�1 DATE: �2 /��¢
CtTY ENGINEER
Council action is r quired as project cost will exoeed approved budget. ❑ Yes �No
Council actian is required as cha Mayors authority per BMC 2.76.110. � Yes �1 No
Recommend : ��� DATE: IZ 9 I
OIRECTOR OF PUBL WORKS AND UTILtTIES
Recommended: `� _ DATE: �� (1/��
APPROVED AS TO FQRM: ATTEST:
/
Bremerton City orn y City Clerk
Page 2 of 2
Bell Painting and Coatings - �y �
7206 N. 25th St. Tacoma, WA. 98406
Tel 2C)6�J47 0056 Fax 253 �7l 43��.
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1.19 MAN I1t3CJ(t{.'(dARGE $65.00 57,735.Ot)
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Contract Number
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5396
BELL PAINTINGS AND COATINGS
GSA - Reservor No. 19 & 20 Interior Coating
Replacement
Public Works
LEG 12-1
7/6/2014
10/4/2014
11/1/2014
3ig
Comments :
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Bell
Paintings and Coatings ("Vendor"), whose mailing address is: 7206 N. 25' Street, Tacoma, WA 98406
The parties agree as follows:
VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services
for the City:
Scope: Inspection for surface preparation, coating application, and quality assurance testing for the interior coating
replacement at Reservoirs 19 and 20 by an NACE Level 3 Inspector. See Exhibit A for further description of the
scope of work. Exhibit A is incorporated by reference herein.
2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 90
calendar days from the date all parties have signed this Agreement.
3. COMPENSATION. The City shall pay the Vendor an amount not-to-exceed $7,669 for the goods, materials and services
contemplated in this Agreement. See attached Erhibit A for hourly rates, estimated mileage costs, and other miscellaneous costs.
Work shall be invoiced based on actual hours worked but shall not exceed estimated hours in Exhibit A unless authorized by the
Owner.
A. Defective or Unauthorized Work. The Ciry reserves its right to withhold payment from Vendor for any defective or
unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this
Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above.
The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs,
from any and all amounts due or to become due the Vendor.
4. INDEPENDEIYT 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 disability 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. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation,
any one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for
completion of this Agreement.
B. The Vendor's failure to complete this Agreement within the time specified in this Agreement.
Rev. 6/14
C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
D. The Vendor's failure to comply with federal, state or local laws, rules or regulations.
E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
lf the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this
Agreement until the goods, materials and services required by this Agreement are completed and fully performed by the City or a third
party of the City's choosing.
6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided
during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must
submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or
should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or
decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving
either a written change order from the City or an oral order from the City before actually receiving the written change order. If the
Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent
change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must
complete the change order work; however, the Vendor may elect to protest the adjustment as provided below:
A. Procedure and Protest bv the Vendor. If the Vendor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by
the City, the Vendor shall:
l. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen ( l4) calendar days with a written statement that provides the
following information:
a. The date of the Vendor'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 determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is
asserting a schedule change or disruption.
3. The Vendor shall heep complete records of extra costs and time incurred as a result of the protested work.
The City shall have access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a
protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be
made for an invalid protest.
B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide
the goods, materials and services required by the City under this Agreement.
C. Vendor's Acceptance of Chan es. The Vendor 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
2
Rev. 6/14
by Vendor 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, including 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 Vendor also waives any
additional entitlement and accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor
completely waives any claims for protested worh and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
7. CLAIMS. The Vendor 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 Vendor
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 writing and received by the City within seven (7) calendar days from
the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must
include the information set forth regarding protests in Section 6(A)(2)(a)-(e).
FAILURE TO PROVIDE A COMPLETE, WR[TTEN 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.
Vendor must, in 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.
8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the
City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year
from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish
the correction.
9. INDEMlY1FICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out
of or in connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of
damages caused by the City's sole negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these
covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
3
Rev. 6/14
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall
be only to the extent of the Vendor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD TNAT THIS INDEMNIFICATION
CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
10. IIVSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the performance of the Contract �vork by the
Vendor, its agents, representatives, employees or subcontractors. '
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance
evidencing:
Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily
injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000
combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad
form property damage; and employer's liability.
Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which
shall be provided on a"claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance
policies.
The Vendor's Commercial General Liability 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 limits of the insurer's liability.
The Vendor's insurance shall be primary insurance as respects the City and and it shall be an affirmative obligation upon
Vendor to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation,
suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach
of this Agreement.
4
Rev. 6/14
The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a
duplicate of the insurance policy with all endorsements as evidence of coverage.
i l. MISCELLANEOUS.
A
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C.
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E.
F
G
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Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required
to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this
agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have
been declared delinquent.
Use of Photo�phs and Ima�es. Vendor shall not use or distribute photographs or ima?es depicting City officials,
personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of
the City. The City will not unreasonably withhold its consent.
Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, serual
orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout
every aspect in the performance of this Agreement.
Work Performed at Vendor's Risk. Vendor shall tahe 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
Vendor's own risk, and Vendor 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.
Governin_�w. 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 Vendor under any of the provisions of this Agreement,
resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County
Superior Court, Kitsap County, Washington.
Attorney's Fees. 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 limit the City's right to indemnification under
Section 9 of this Agreement.
Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed
below, 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 in this Agreement.
Notices to be sent to:
VENDOR:
Bell Paintin�s and Coatings
ATTN: Autie Bell
7206 N. 25�' Street
Tacoma, WA 98406
5
Notices to be sent to:
CITY:
City of Bremerton
ATTN: Shannon Corin
345 Sixth Street
Bremerton, WA 98337
Rev. 6/14
I
J
K.
the remainder shall remain in full force and effect.
L. Entire Agreement. The written provisions and terms of tliis 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. Shoutd any langua�e in any Exhibit to this Agreement conflict with any
lan�uage contained in this A,,�'. reement the terms of this Agreement shall prevail.
1N WITNFSS WFiEREOF, the parties below have executed this Agreemenl.
VENDOR:
AssiCnment. Any assignment of this Agreement by the Vendor without the written consent of the City sliall be void.
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 Vendor.
Severabilitv. If any one or more sections, sub-sections, or sentences of th.is Aereement are held to be
unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and
CITY:
Bell Painting and Coatin�;s Citv orBremerton
� �`� -
By By:
(Signature) (Signature)
Print Name: � v� �, � �°�' �� l
�ts: n � t� � /2
Date: / � b � � 7
Print Name: (.ir' Il v �R1+`'►��
Its: �W YI � Y/1 k�E��( �1�
,
Date: � r �
ATT T: ^
By: " v
City Clerk
6
APPRO D S TO FO
By: �
Bremerto C' Attorney
Rev. 6/14
EXHIBIT A
COST BREAKDOWN
PROJECT: City of Bremerton, Res 19 and 20 Interior Coating Replacement
CONTRACTOR: Bell Painting and Coatings
July 2014
HOURS
DESCRIPTION Res 19 Res 20
Cleanliness Inspection 4 4
SP-10 Inspection for floor 4
SP-10 Inspection for walls and ceiling 8
SP-10 Inspection of ceiling 6
Primecoat inspection of floor 4
Primecoat inspection of walls and ceiling 8
Primecoat inspection of ceiling 6
Intermediate coat inspection of floor 4
Intermediate coatinspection of walls and ceiling 8
Intermediate coat inspection of ceiling 6
Top coat inspection and holiday testing of floor 4
Top coat inspection and holiday testing of walls and ceiling 10
Top coat inspection and holiday testing of ceiling 6
�TOTAL HOURS 28 54
Rate Total
TOTAL HOURS 82 HOURS $65.00 $ 5,330
MILEAGE, 14 TRIPS @ 70 MILES ROUNDTRIP 980 MILES $0.55 $ 539
MISCELLANEOUS EQUIPMENT COST 1 EACH $300.00 $ 300
RESERVE (TO BE USED ONLY AS AUTHORIZED BY OWNER) $ 1,500
GRAND TOTAL $ 7,669