HomeMy WebLinkAbout5620 � ���rtn���- ��o
PUBLIC W ORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation("City"), and Advanced Door Service, INC. ("Contractor"), whose
mailing address is 1010 NE Coco Ct., Bremerton, WA 9831 l.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: Provide all labor and materials to install one (1) Liftmaster
'/ZHP Gear Head Operator at the Evergreen Rotary Park Maintenance building as
per attached quote.
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 the total amount of
$ 2,569.00, plus any applicable Washington State Sales TaY, 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 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 perforinance 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.
4. � INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an indepcndent 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 Contractor's refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
PUBLIC WORKS AGR�EMENT—Page 1 of 7
(beht�een City nf Bremerto��as�d Advance�l Door Service)
B. The Contractor's failure to complete the work within the time specified in
this agreement.
C. The Contractor's failure to make full and prompt payment to
subcontractors or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement 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 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 can be found by visiting the following link to the State of Washington web site:
http://]ni.wa.gov/TradesLicensin�/PrevWa eg /Wa eg Rates/
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the perforniance 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 a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to makc 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 work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
PUBLIC WORKS AGREEMENT—Page 2 of 7
(hetiveen Ciry of Bren:ertort and.4dvanced Door Sen�icej
2. Supplement the written protest within fourteen (14) 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.
C. Contractor's Acceptance of Chan�. 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 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 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,
PUBLIC WOR.KS AGREEMENT—Page 3 of 7
(belween City of Bre»:erton and Advanced Door Serviee)
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 IN ANY WAY F'ROM 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 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 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. INDEMNIFICATION. Contractor 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, except for injuries and damages caused by the City's
sole 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 agrecment 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. 1'HE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
PUBLIC WORKS AGREEMENT—Page 4 of 7
(behveen City of Bremerton and Advanced Door Service)
The provisions of this section shall survive the expiration or teimination 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 Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability 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 from 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, 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 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 Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coveragc applies. It shall be an affirmative
obligation upon Consultant 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, a�id failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
12. MISCEI.LANEOUS.
PUBLIC WORKS AGREEMENT—Page 5 of 7
(bet�veen Crty of Bremerton and.Advanced Door Service)
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 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 shall remain in full force and effect
E. Governin�aw. 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 jurisdiction, 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 limit the
City's right to indemnification under Section 10 of this agreement.
G. Written Notice. All communications regarding this agrecment 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.
H. Assi�nment. Any assignment of this agreement by the Contractor without
the written consent of the City shall 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.
PUBLIC WORKS AGREEMENT-Page 6 of 7
(belween City of Bremerton and Aclvnnced Door Seivice)
J. Severability. 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.
K. Entire A�reement. 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 WHEREOF,the parties below have executed this agreement.
CONTRACTOR THE ITY BREMERTON
Print Name: t.�%��� �'� Print e: Jeff Elevado
Title: �w��� �J:.o- Title: Parks and Recreation Director
DATE 9 Zd''—� � DATE ��2����P
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
��� �u�ulliNGHAavI Tom Cressman
(p[p 11(,� (,0(,p C�: 680 Lebo Blvd.
�Q�ME11,78�. UUA �1g 31 � Bremerton, WA 98310
��o� ld'��- 0113 (360) 473-5309
(360) 473-5882 (facsimile)
APPROVED AS TO FORM:
� �
Bremerton Ci Attorne
ATTEST: •
� ' �
��
Bremerton City Clerk
PUBLIC WORKS AGREEMENT—Page 7 of 7
(belween Ciry of Bremerton and Advanced Door Service)
ADVANCED DOOR SERVICE
1010 NE Coco Ct. Bremerton, WA 98311
Phone: 360-698-0713 Fax: 360-692-7670
Email: advdoor@comcast.net
Q U OT E 9/13/16 (revised)
RE: Evergreen Park
Customer:
City of Bremerton
Attn: Steve Mutek
1600 Oyster Bay Ave. N.
Bremerton, WA 98312
360-981-1691 - steve.mutek@ci.bremerton.wa.us
For Questions: Contact Rusty Cunningham 360-340-5907
QTY ITEM DESCRIPTION EACH TOTAL
1 GH5011 Liftmaster 1/2h Gear Head O erator $2,569.00 $2,569.00
* 115/sin le phase
*w/Nema 4 hoto e es
*including freight&installation
Subtotal $2,569.00
Tax $223.50
TOTAL $2,792.50
*Pricing is discounted for payment by cash or check................add 4%for credit card payment
*Price good for 30 Days - Terms: NET-30
PLEAS SIGN AND FAX, MAIL,or EMAIL BACK WITH PURCHASE ORDER IF ACCEPTABLE
��O R/2(��20��
Accepted b Date
State of Washington
Department of Labor and Industries
Prevailing Wage Rates
September 2016
County Trade Job Classification Wage Holiday Overtime Notes
Kitsap Electricians-Inside Journey Level $51.26 1
Kitsap Electronic Technicians Journey Level $44.76 7E 1D