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HomeMy WebLinkAbout5481Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 5481 NORTHWEST CORROSION ENGINEERING PWA - Reservoir 10 North - Interior Coating Replacement Engineering LEG 12-1 5/15/2015 7/31/2015 8/1/2015 2016 PUBLIC WORKS AGREEMENT j THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Northwest Corrosion Engineering ("Contractor"), whose mailing address is 10995 Warfield Road, Sedro-Wooley, WA 98284. , The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City as described in the attached proposal from Northwest Corrosion Engineering. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $10,183.50, which includes Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Perfortnance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount 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. B. Retaina�e. Retainage shall not be held. C. Defective or Unauthorized Work. The City reserves its right to withhold 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 Contractor 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 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 Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL Ciry oJBremerton/Northwest Corrosion Engineering Reservoi►• 10 North Cathodic Protection Public Works Agreement, Page I oJ9 May 2015 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. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled 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. 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 regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. 'I'he Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates 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. 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 prevailing wages and eomply 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. Cih� of Bren:ertonlNorthx�est Corrosion Engineering Rese��voir JO North Calhodic• Protection Parblic 6�orks Agreemef�t, Page 2 of 9 1�9uy 2015 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 determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project 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 determines that the change increases or decreases the Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment 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 adjustment 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, instruction, interpretation, or determination 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: 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 determined. 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 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. Contractor's Dutv to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. Citv of�Bremerton/Northtivest Corrosion Engineering Reservnir 10 North Cathodic: Protectinn Pzrblic Works Agreement, Page 3 oJ9 A��nv 201 S 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, 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 Contractor 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 Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 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 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 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 written claim must include the information 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 1N ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor 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. 9. WARRANTY. The Contractor shall correct all defects in workmansllip 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 within seven (7) calendar days of its 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 in order to accomplish the correction. 10. INDEMNIFICAT�ON. Contractor shall defend, indemnify and hold the City, its officers, 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 City of�Bremer�on/Northw�est Corrosion Engineering Reseivoir 10 North Cathodic Protection Public Works Agreement, Page 4 of 9 Mc�y 2015 with the performance of this agreement, except for injuries 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 indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury 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 1NDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS 1NDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor 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 work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project 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 injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 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 fonn 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 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 naming the City as additional insured shall be attached to the Certificate of Insurance. City of Bremertnn/Northwest Corrosion Engineeriiag Reservoir 10 No��th Cathodic Protection Public 6i�orks Agreen:ent. Page S o�'9 May Z01 � 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 limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, 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 limits 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. 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 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 discriminate 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 perfortnance 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. Use of Photographs and Ima� Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. 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 shall remain in full force and effect F. Governing Law. 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 City of Bremerton/Norlhwest Cori•osion Engineering Reservoir 10 North Calhodic Protection Public Works Agreement, Page 6 of 9 May 20/5 jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. 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 limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications 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 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. Assi�. Any assignment of this agreement by the Contractor without the written consent of the City shall 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 Contractor. K. 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 remainder shall remain in full force and effect. L. 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 prevai l. Cih� of Bren:erlon/Northwest Corrosion Engineering Reservoir l0 North Cathodic Protection P:�blic Works Agreen:ent, Page 7 of 9 May 201 S Iti WtT�tESS �VHEREOF, the parties belo�t� ha�°e executed this agreement, NQRTHN;'FSTC'URKOSIOti EiVGI?�EERI?�G � � t, ; _f�;� G_�_�....�,. __. _� . ------ (sibnature) . 9 TFIE CI'rY Ot� BREMEft"I'C)N � f/�I'L . ._ �_ __ _ _ . .._ ._._..---- (si�naturej ; PrintNaii�c:_j����, �'i 1'-::_It.'=� ! _� . ,. / . 1 ttle: t.i .' U � ; €�i� . .. . ,.� UA�I�E.... _� � � f �._...._._.__._ / - --- --------- ... i�otices to be sent to: C:ONTRAC"t'C)R: 1099� Wart��ld Road Sedro-Woole}, 1��f� 982ti� (360) 8?6-63?l (facsimilej r�l'PRC)VED AS 'TO rOR'v1: __.. ___.. _._._. i1 � Bremerton Cit�� toni y "FS"I': " _ _ _ - ------- -----.... ..._ . Bremerton Cit;,° Clerk City of Bremerton/Nor[hx�est Corrosion Engineering Pz�61ic Works .9greement, Page 8 of 9 �Cllll'l�illllt': C�'I�L ����IV . Title:---Vl� �..�_ ��Q�L� 1�_ _ o:��l��:. ---,.� =-I�� IS_. _ _ Noticcs to bc sent to: Cl'T�1�' ()F BREMERT0�3: 34i Sixth Street Bremcrton, Vl%A 98310 (a60j 473-5161 (facsimile) m Reservoir 10 Nort{: Cathodic Protection Ma}- 2015 PREVAILING WAGES All work to be done by Owner, prevailing wages will not apply. Ciry ojBremerton/Northwest Corrosion Engineering Reservoir, 10 North Cuthodic Protection Pxblic Works Agreement, Page 9 of 9 May 201 S May 12, 2015 orthwest Corrosion Engineering Mr. William Davis, P.E. � ����� City of Bremerton 10995 Warfield Road, Sedro-Woolley, WA 98284 3027 Olympus Drive Phone: (360) 826-4570 Fax: (360) 826-6321 Bremerton, WA 98310 SUBJECT: Reservoir 10 North — Cathodic Protection Design/Build Proposal Mr. Davis, Northwest Corrosion Engineering appreciates the opportunity to provide you with this design/build proposal for an interior galvanic anode cathodic protection system for Reservoir 10 North. Specific tasks associated with this proposal include: 1. Provide drawings and specifications for a galvanic anode cathodic protection system. The design shall provide corrosion control to the internal submerged surfaces Reservoir 10 North for a minimum of 15 years. The design will include catalog cuts of materials that will be used for the installation. All cathodic protection materials in contact with the reservoir water will be NSF-61 rated. 2. Supply labor, equipment, materials, and installation (with the exception of steel drilling operations) of the designed cathodic protection system. 3. After the reservoir has been filled, complete a system checkout and provide a commission report to the City. The report will include all commissioning data, data analysis, installation photographs, conclusions, and recommendations for continued proper operation. It is anticipated that once proper system operation is verified, it will be turncd off during the 1- year coating inspection warrantee period. 4. Drilling and coating of anode hand holes, anode hanger holes, and junction box penetration holes on the 66-ft diameter roof will be completed by others while the reservoir is off-line. Temporary masking-type tape is to be placed over the holes after drilling. The type of tape selected shall be easily removablc from the surface without scraping or otherwise disturbing the coating. NWCE will providc a drawing depicting location and sizes of holes to be drillcd. 5. The cathodic protection system, with the exception of the hole drilling operations, shall be installed after the reservoir has been filled and placed back on-linc. This will negate the need to coordinate with other contractors BUDGET Dcsign: $1,000.00 Installation, testing, and administration: $2,960.64 Materials: $5,388.00 Estimatcd Washington State Salcs Tax: $834.86 The total cost for the work associated with this proposal will be $10,183.50. All work associated with this proposal will be completed by a Registered Professional Engineer (WA) and NACE Certificd Cathodic Protection Specialist. Sincerely, Northwest Corrosion Engineering �''��.:, ���, �:�--, ;- , �� Jercmy A. Hailey, P.E.