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HomeMy WebLinkAbout5623 . �.i�'d q` �z3 AGENDA BILL 5 E CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Works Agreement for Study Session Date: September 28, 2016 Exterior Staining of the Gold Mountain Golf COUNCIL MEETING Date: October 5, 2016 Course Clubhouse and.Olympic_Banquet Department: Parks & Recreation Building with.Sabelhaus West, Inc. ..� Presenter: Jeff Elevado Phone: (360) 473-5428 SUMfViARY: The exterior trim and siding of the Gold Mountain Golf Course Clubhouse and adjacent Olympic Room banquet facilities requires cleaning and refinishing. Three painting contractors provided quotes. The lowest quote was provided by Sabelhaus West, Inc. at$28,217.37, plus WSST. ATTACHMENTS: 1) Public Work Agreement, 2) Sabelhaus West, Inc. Proposal, 3) Bid Tabulation Sheet FISCAL IMPACTS (Include Budgeted Amount): Funds are identified in the approved Capital Improvement Plan for 2016 and are budgeted in the 2016 Golf Capital Expense Budget. STUDY SESSIOIV AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTIOFI: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMIIAENDED AflOTIOIV: Move to approve the Public Works Agreement with Stabelhaus West, Inc. for exterior cleaning and staining of the Go(d Mountain Golf Course Clubhouse and Olympic Room buildings in the amount of $28,217.37, plus Washington State Sales Tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 . PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Sabelhaus West, Inc. ("Contractor�'), whose mailing address is 10880 Old Frontier Road NW, Silverdale, WA 98383. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Furnish all labor and materials to prepare and apply exterior finishes as specified to the Gold Mountain Golf Course Clubhouse and Olympic Room buildings more specifically described in the attached Scope of Work and Quotation dated September 9, 2016, attached hereto as Attachment A. 2. TIME OF COMPLETION. Contractor shall complete the work within 31 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 $28,217.37, plus any applicable 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 Performance Bond. Because this contract, including applicable sales taY, is less than $35,000, 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. 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 requireinents 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. PUBLIC WORKS AGREEMENT Page 1 of 7 (bettiree��City of Bremertor�ar7d Snbelhaus West, /nc.) C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTR�ICTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INI)EPENDENT 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 taY, 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. 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 at the following link: https://fortress.wa.�ov/lni/wa el�ookup/prvWa elg ookup.aspx 7. CHANGES. The City may issue a written e�-e�.� 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. Tlie City will attempt, in good faith, PUBLIC WORKS AGREEMENT Page 2 of 7 (behveen City of Bremerton and Subelhuus West, /rac.j 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 make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustinent 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 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; 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 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, including costs of delays related to any work, either covered or affected by the change. PUBLIC WORKS AGREEMENT Page 3 of 7 (behveen City of Bremerton and Sabelhaz�s West, Inc.) 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 fortn the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIIVIS. 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 eatension 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 S��ALL 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, 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 fonn 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 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 PUBLIC WORKS AGREEMENT Page 4 of 7 (behveen City of B��e»terton and Sabelhaus West, Inc.) 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 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 of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. 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 Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general 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; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its ofticials, 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 coverage applies. It shall be an affirmative . obligation upon Consultant to advise the City's Risk Manager by faY at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6`h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive PUBLIC WORKS AGREEMENT Page 5 of 7 (between City of Br'eme��ton and Sabelhazrs West, Inc.) change of any insurance policy set out herein, and 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. 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 �vith 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. 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 jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To thc extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' perfonnance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in dcfending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnifcation under Section 10 of this agreement. G. 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 noticc 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. llny assignment of this agreement by the Contractor without the written consent of the City shall be void. PUBLIC WORKS AGREEMENT Page 6 of 7 (bet�veen City of Bremerton and Sahelhaus West, Inc.) 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 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 W�IEREOF, the parties below have eYecuted this agreement. CONTRACTOR THE CITY OF BREMERTON /t�/r'2�i' �G���'�i' � � Print Name:il/u� �'c��//r,�z«,f' Print N e: ft LEN 7r Title: ��l;�i� Title: /l1A�S/,02 DATE lj�� DATE �d � Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Jeff Elevado, Director Parks & Rec 680 Lebo Blvd. Bremerton, WA 98310 (360) 473-5428 (360) 473-5882 (facsimile) APPROVED AS TO FORM: � Bremerton ' Attorn y ES1': -- Bremerton City Clerk PUE3LIC WORKS AGREEMENT Page 7 of 7 (beri+�een Ciry of B�•emertoyt und Sabelhaus West, Inc.) Attachment A sabelhaus�west LicenseSABELW1975R2 Established 1987 Date: September 9,2016 To: Gold Mountain Golf Complex Project: Gold Mountain Golf Complex Exterior Staining(Revised) Scope of Work: Paints&Coatings Specification: Sherwin Williams We propose to furnish labor and materials for the following scope of work: 1. Wash exterior of the main building and the banquet building with a 3:1 bleach mixture to kill any mold or mildew. 2. Apply a wood striper to clear cedar to remove existing stain. 3. Apply wood brightener to revive wood to natural tone. 4. Apply semitransparent stain(Sikens or Super deck) in natural color or cedar tone to clear cedar. 5. Apply one coat of Sherwin Williams Woodscapes Solid Body Stain to the following substrates. a. Lap siding b. Metal awning wood beams c. Fascia d. Dumpster enclosure e. Fence in between main building and banquet building. 6. Clean and remove waste from project site at the end of each shift. Base Bid: $28,217.37 Notes&Assumptions: 1. Washington State Sales Tax is not included in proposal. 2. Gold Mountain Golf Complex to provide pruning of brush near buildings. 3. Weather is of urgency;work would need to be performed prior to November iSt 4. Proposal assumes two colors. Terms: Payments to be made on a 30-day cycle,billing on the 15Y payment due by the lOth. Pricing will be guaranteed for orders received at Sabelhaus West within 30 days of the date on this quotation. In the event of an award,this Scope of Work& Proposal is contingent upon a mutually acceptable ontract between our company and the Contractor/Own r. Signature of Acceptance: � Date: • /� Z�f l� Sincerely, Nick Sabelhaus Project Manager 0:360-662-9860 C:360-731-9010 nsabelhaus@sabelhauswest.com Estimated by Jack Kinsley jkinsley@sabelhauswest.com Sabelhaus West,Inc. 10880 Old Frontier Road NW,Silverdale,WA 98383 Phone:(360)662-9860/Fax:(360)662-9866 offi ce@sa b e I h a uswest.co m www.sa be I h a uswest.co m