HomeMy WebLinkAbout5531 � PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation("City"), and Miller Sheet Meta1, Inc. ("Contractor"), whose mailing
address is 1642 Naw Yard Hvv�y West, Bremerton,WA. 98312.
The parties agree.as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following services for .
the City: All labor a.nd material to fabricate and install an ADA compliant, curved metal
guardrail (powder coated dark green) at Evergreen Rotary Park as shown in attached drawings.
Prior to fabrication, shop drawings sha11 be submitted for review and approval.
2. � TIME OF COMPLETION. Contractor sha11 complete the work (1) 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$13,365.00,
plus any applicable Washington State Sales Tax, for the work and services contemplated in this
agreement. The City sha11 pay the Contractor fifly percent (50%) of the Contract amount upon
completion and acceptance of the work by the City, and the remai.nder upon fulfillment of the
conditions listed below and throughout this agreement.
A. No Performance 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 fmal 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. Retai.na�e. N/A
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 li.mitation: 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
Coniractor 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
PUBLIC WORKS AGREEMENT—Page 1 of 10 Rev.6/14
(between Ciiy of Bremerton and Miller Sheet Metal, Inc.)
deduct the cost to complete the Contract work, including any Additional
Costs, from any and a11 amounts due or to become due the Contractor.
D. Fina1 Payment: Waiver of Cla.ims. THE ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHI�ELD RETAINAGE) SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE
PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY
CONTR.ACTOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at a11 times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and sha11 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 a.nd sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including a11 required licenses for Contractor's o�cers, agents, employees and sub-
contractors. .
5. TERNIINATION. The City may term.i.nate 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 payxnent 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. The Contractor's failure to provide continuous competent supervision.
PUBLIC WORKS AGREEMENT—Page 2 of 10 Rev. 6/14
(between City of Bremerton and Miller Sheet Metal, Inc.)
I. The Contractor otherwise violates in any material way a.ny 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 Conlract work is completed.
6. PREVAILING WAGES. Contractor sha11 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 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
determines, for any reason, that a change order is necessary, Contractor must submit a written
change order request to the City's project manager withi.n 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
ti.me 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 deternune the equitable adjustment as it deems
appropriate. The Contractor sha11 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 bv 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 deternvnation by the City,the Contractor sha11:
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.
PUBLIC WORKS AGREEMENT—Page 3 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal, Inc.)
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 sha11 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 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 Changes. The Contractor accepts a11
requirements of a change order by: (1) endorsing it, (2) writing a sepazate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
sha11 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 cla.im for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, sha11 be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in slrict 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.
PUBLIC WORKS AGREEMENT—Page 4 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal,Inc.)
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WANER OF ANY CLAIMS
ARISING IN 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. WARIZANTY. The Contractor shall correct all defects in workmanship and
materials within one yeax 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 conection is completed and accepted by the
City. The Contractor shall begin to conect 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 a11 costs incurred by the City in order to accomplish the correction.
10. INDEMNIFICATION. Contractor sha11 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
with the performance of this agreement, except for injuries and damages solely caused by the
Ciiy's negligence.
The City's inspection or acceptance of any of Contractor's work when completed sha11
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
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 WANER.
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 properry that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors.
PUBLIC WORKS AGREEMENT—Page 5 of 10 Rev. 6/14
(between City ofBremerton and Miller Sheet Metal, Inc.)
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 si.ngle limit per accident for bodily injury and properiy damage;
and
B. Commercial General Liabilitv insurance written on an occurrence basis
with limits no less than $2,000,000 combined single linnit per occurrence
and $2,000,000 aggregate for personal injury, bodily i.njury and properiy
damage. Coverage shall include but not be limited 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 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.
The Contractor's insurance sha11 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 combi.ned 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. i
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
PUBLIC WORKS AGREEMENT—Page 6 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal, Inc.)
� origin, or the preserice of any sensory, mental, physical disability, or
sexual orientation discri.minate 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 sha11 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 es Consultant sha11 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 herei.n., or to exercise
any option herein conferred in one or more instances, sha11 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 govemed and construed in
� � � accordance with the laws of the State of Washington. If any dispute axises
, �. - _. � �.. '` between the City and Contractor under any of the provisions of this
� � ,:'�agreement, resolution of that dispute sha11 be-available only through the
:. �jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap
� . . � - County, Washington.
G. Attornev'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
clai.m or lawsuit; however, nothing in this subsection shall limit the City's
right to indemxufication 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 sha11 become
effective upon delivery, but in any event three (3) calendar days after the
date of mailing by registered or certified mail, and sha11 be deemed
PUBLIC WORKS AGREEMENT—Page 7 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal,Inc.)
sufficiently given if sent to the addressee at the address stated on this
agreement. .
I. Assi ent. Any assignment of this agreement by the Contractor without
the written consent of the City sha.11 be void.
J. 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 a.nd terms of this agreement,
together with any attached Exhibits, supersede a11 prior verbal statements
by any representative of the City, and those statements sha11 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 WHEREOF,the parties below have executed this agreement.
CO TOR THE CITY OF BREMERTON
J � ,f,,
/
Print Name: '1'l r �S ;11�/ Print N 1—
Title: Q6 e S��,n }- Title: l�j/O
DATE I I I � 5 I I S DATE Z OS ,� I,,
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
,m► I l�e� �5�'1 e�ti 1fZ.1L�' ,T�►'1C . Colette Berna,Park Dev. Planner
l4 I�G.JU yri N�I Parks &Recreation Department
���(Y)er�l , ��A �1831�' 680 Lebo Blvd.
Bremerton, WA 98310
(360) 473-5429
PUBLIC WORKS AGREEMENT—Page 8 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal,Inc.)
APPROVED AS TO FORM:
,-
Bremerton City tt ey
ST: `
Bremerton City Clerk
R:�L,EGAL\Contracts�FORMS\ShortForm.P W.Agr.doc
PUBLIC WORKS AGREEMENT—Page 9 of 10 Rev.6/14
(between City of Bremerton and Miller Sheet Metal, Inc.)
r
PREVAILING WAGES
, _ .. . .. . .� +�,:t
ILLE PROPOSAL
SHEETMETAL? License#MIL,LESI 153MT
1642 Navy Yard Hwy W,Bremerton,WA 98312 EXPERTISE
Phone: 360-479-1737 Fax: 360-373-5529 DATE: 10/OS/2015 PEAFOPMANCE•7AAINIXG•SiAM0AA0$
salesna.m illersheetmetal.com
JOB NAME: HAND RAILING
TO: CITY OF BREMERTON
LOCATION: 19TH AND TAFT
ATTN: COLETTE BERNA PHONE:
FROM: Rick Ablitt E-MAIL OR FAX:
Colette.berna(a�ci.bremerton.wa.us
WE HEREBY SUBMIT ESTIMATE FOR MATERIALS AND SERVICES AS FOLLOWS:
OUR PRICE TO MANUFACTURE AND INSTALL ONE CURVED RAILING, 42"
HIGH WITH AN APPROXIMATE LENGTH OF 39'.
1) RAILING POSTS TO BE FABRICATED USING 2" SCHEDULE 40 PIPE WITH
A Q�TANTI'I'Y OF 11.
2) TOP AND BOTTOM RAILING PORTION, TO BE FABRICATED USING'/2" X
2" FALT BAR.
3) 'I'HE RAILING BALUSTERS TO BE FASRICATED USING '/2" SQUARE
STOCK.
4) ALL PIECES T'O BE POWDERCOATED PRIOR TO INSTALLATION.
INCLUDES: AS LISTED ABOVE,PREVAILING WAGES.
EXCLUDES: Tax, Warranty Exceeding One Year,
FOR THE TOTAL PRICE OF $ 13,365.00 +Sales Tax
Sales Tax will be added and payable unless we have a valid Washington State Resale Cerhficate on file
ESTIMATED TIME: TBD DELNERY:p FOB SxoP ❑INCLUDED
TERMS:�PRE-PAY ❑DEPOSIT with$ down ❑COD ❑PROGRESS BILLED MONTHLY �NET 30
We reserve the right to file a Mechanics'and Materialmen's Lien on your property after 30 days Void this proposal after 90 Days
ACCEPTANCE OF PROPOSAL: The prices and conditions as stated are satisfactory and are
hereby accepted and you are authorized to do the work.
NAlV�(written):
SIGNATURE: DATE:
PURCHASE ORDER NUMBER:
www.mi ers ee meta mc.com -
Established 1981
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