HomeMy WebLinkAbout5840AGENDA BILL 5 K
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Works Agreement with Study Session Date:
Better Boats, Inc. (dba Lee Shore Boats) to COUNCIL MEETING Date:
Repower the existing Argus Fire Boat Department:
June 13. 2018
June 20, 2018
Fire
Presenter: David Schmitt, Chief
Phone: (360) 473-5381
SUMMARY: Contracted work to repower the existing Argus Fire Boat, included in the capital budget
for 2018. Total cost estimated at $79,468.04 (includes tax)
ATTACHMENTS: 1) Public Works Agreement; 2) Wage Comp Certification
FISCAL IMPACTS (Include Budgeted Amount): $79,468.04 (includes tax)
STUDY SESSION AGENDA: N Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Public Works Agreement with Better Boats Inc. dba Lee Shore Boats; and authorize
the Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Better Boats Inc. dba Lee Shore Boats ("Contractor")
whose mailing address is PO Box 2154 Port Angeles, WA 98363
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
Repower diesel engine 27' monohull fireboat with twin 250 HP fly by wire Honda four stroke
outboards
Modify engine room and deck hatch area to include below deck storage compartment. Will
include all materials/consumables
Close off jet intake. Will include materials/consumables
Modify/convert transom to full width outboard bracket for twin 30" outboards. Will include
materials/consumables
Supply/install dual 30" Honda BF250 outboards. Will include the following: Honda fly by wire
rigging kit, including all wiring/gauges/controls. Dual cylinder Teleflex hydraulic steering
system. Racor fuel filters, hoses, clamps, hardware, etc.
_--------- ____._ - ____--------___ _-- __-- -_------- _
Apply Matson floor grip deck coating to walking surfaces, to include Matson primer, and all
materials
Supply/apply two coats Primocon primer and two coats Trilux 33 anti -fouling bottom paint, to
approx. 4" above waterline
Install Raymarine navigation package. Will include labor/materials: E7 Gps/depth finder, 18"
Raydome, VHF radio, antenna, and mount
2. TIME OF COMPLETION. Contractor shall complete the work within 180
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
$_73,310 , 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 prior to beginning any work to cover the cost of the motors. The City shall pay
the Contractor the remaining 40% upon completion and acceptance of the work by the City, and
the remainder upon fulfillment of the conditions listed below and throughout this agreement.
PUBLIC WORKS AGREEMENT — Page 1 of 10
(between City of Bremerton and Better Boats Inc.)
A. No Performance Bond. Because this contract, including applicable sales
tax, is $150,000 or less, 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 ten percent (10%) of the Contract amount
for a period of thirty (30) 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 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.
C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT
(EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL
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 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 AGREEMENT — Page 2 of 10
(between City of Bremerton and Better Boats Inc.)
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 is attached.
7. CHANGES. The City may issue a written 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 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 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;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
PUBLIC WORKS AGREEMENT — Page 3 of 10
(between City of Bremerton and Better Boats Inc.)
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 Changes. 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,
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 it) no such provision is applicable, unless that claim
PUBLIC WORKS AGREEMENT — Page 4 of 10
(between City of Bremerton and Better Boats Inc.)
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 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 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 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 WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
PUBLIC WORKS AGREEMENT — Page 5 of 10
(between City of Bremerton and Better Boats Inc.)
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:
Automobile Liability 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.
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 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 coverage 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 6th 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.
The City reserves the right to receive a certified copy of all the required insurance policies.
PUBLIC WORKS AGREEMENT — Page 6 of 10
(between City of Bremerton and Better Boats Inc.)
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 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 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 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.
H. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
PUBLIC WORKS AGREEMENT — Page 7 of 10
(between City of Bremerton and Better Boats 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. 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 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 prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR
P . t Name:J.�' :, r
Title: E S', A s: Ll, '
DATE
Notices to be sent to:
CONTRACTOR:
PUBLIC WORKS AGREEMENT — Page 8 of 10
(between City of Bremerton and Better Boats Inc.)
T CITY OF BREMERTON
Print e:1n eltA er
Title: M o' yn
DATE (a I 2 5 20 l $
Notices to be sent to:
CITY OF BREMERTON:
Bremerton, WA
(360)
(360)
(facsimile)
APPROVED AS TO FORM:
Bremerton City Att ey
ATTEST:
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date (May 24 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082,
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or through a
civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
Better Boats, Inc. DBA Lee Shore Boats
Bidder's Business Name
A., k
Sign re of Authorized Official*
Printed Name
President & Owner
Title
06/14/2018
Date
Check One:
Port Angeles
City
Sole Proprietorship ❑ Partnership ❑
WA
State
Joint Venture ❑ Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
Washington
If a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-president
(or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership,
proposal must be executed by a partner.
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