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HomeMy WebLinkAbout5288Contract Number: Vendor Sub�ect: Department: File Class. Begin Date: End Date: Review Date. Vault Date: Comments: 5288 FIELDS ROOF SERVICE, INC GSA - Maintenance to All Flat Roof Areas Parks LEG 12-1 10/15/2013 11/29/2013 12/1/2013 2015 � . GOODS AND SERVICES AGREEMENT —�� THIS AGREEMENT, �s entered mto between e City of Bremerton, a ashmgton Mumc�pal Corporation ("City"), and F�elds Roof Serv�ce ("Vendor"), whose ma�lmg address 25924 – 78`�' Ave So Kent, WA 98032 The part�es agree as follows 1. VENDOR SERVICES. The Vendor shall prov�de the followmg goods and materials and/or perform the followmg serv�ces for the City See Attached Option 1, "Mamtenance to all flat roof areas" 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, mater�als and serv�ces w�thm 45 calendar days from the date all part�es have signed th�s Agreement 3. COMPENSATION. The C�ty shall pay the Vendor the total amount of $14,116 91, mcludmg applicable Washmgton State Sales Tax, for the goods, materials and serv�ces contemplated m th�s Agreement The Crty shall pay the Vendor the followmg amounts accordmg to the following schedule A Defective or Unauthor�zed Work The C�ty reserves its r�ght to w�thhold payment from Vendor for any defectrve or unauthorized goods, mater�als or serv�ces If Vendor �s unable, for any reason, to complete any part of th�s Agreement, the Crty may obtam the goods, matertals or services by AgYeement or otherw�se, and Vendor shall be liable to the C�ty for any add�t�onal costs mcurred by the City "Add�tional costs" shall mean all reasonable costs, mcludmg legal costs and attorney fees, �ncurred by the C�ty beyond the maximum Agreement price specified above The City further reserves its nght to deduct the cost to complete this Agreement, �ncludmg any Addrt�onal Costs, from any and all amounts due or to become due the Vendor 4. INDEPENDENT CONTRACTOR Contractor is and shall be at all t�mes actmg as an mdependent contractor and not as an employee of the C�ty The Contractor shall secure at rts expense, and shall be responsible for all payments of mcome ta�, social secunty, state disabil�ry �nsurance compensation, unemployment compensation, and all other payroll deduct�ons for the Contractor, � officer, agents, employees and sub-contractors The Contractor shall also secure all appl�cable busmess licenses, �f required, m connect�on with the contract serv�ces, mcludmg all requ�red l�censes for Contractor's officers, agents, employees and sub-contractors 5 TERMINATION. The City may termmate this Agreement for good cause "Good cause" shall mclude, w�thout limrtat�on, any one or more of the following events A The Vendor's refusal or failure to supply a suffic�ent number of properly skilled workers or proper materials for completion of th�s Agreement B The Vendor's fa�lure to complete th�s Agreement w�thm the time spec�fied m th�s Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor .� . D The Vendor's failure to complete with federal, state or local laws, rules or regulations E The Vendor's filmg for bankruptcy or becommg ad�udged bankrupt If the City termmates this Agreement for good cause, the Vendor shall not rece�ve any further momes due under th�s Agreement until the goods, mater�als and serv�ces required by th�s Agreement are completed and fully performed 6. CHANGES The C�ty may �ssue a wr�tten change order for any change in the goods, materials or services to be provided durmg the performance of this Agreement If the Vendor determmes, for any reason, that a change order is necessary, Vendor must submit a written change order request to an author�zed agent of the C�ty w�thm fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events g�vmg rise to the requested change If the C�ty determmes that the change mcreases or decreases the Vendor's costs or time for performance, the C�ty will make an equitable ad�ustment The City will attempt, m good fa�th, to reach agreement with the Vendor on all equrtable ad�ustments However, if the parties are unable to agree, the City will determme the equ�table ad�ustment as rt deems appropr�ate The Vendor shall proceed wrth the change order work upon rece�v�ng either a written change order from the City or an oral order from the C�ty before actually rece�vmg the wr�tten change order If the Vendor fails to requtre a change order w�thm the time allowed, the Vendor watves its right to make any claim or submit subsequent change order requests for that port�on of the contract work If the Vendor d�sagrees wtth the equ�table ad�ustment the Vendor must complete the change order work, however, the Vendor may elect to protest the ad�ustment as prov�ded below A Procedure and Protest by the Vendor If the Vendor d�sagrees w�th anythmg requ�red by a change order, another wr�tten order, or an oral order from the C�ty, mcludmg any d�rechon, mstruction, mterpretat�on, or determmation by the C�ty, the Vendor shall 1 Immediately g�ve a signed written not�ce of protest to the C�ty, 2 Supplement the wrttten protest w�thm fourteen (14) calendar days with a wr�tten statement that prov�des the follow�ng mformat�on a The date of the Vendor's protest b The nature and c�rcumstances that caused the protest c The prov�sions m this Agreement that support the protest d The est�mated dollar cost, if any, of the protested work and how that estimate was determmed e An analysis of the progress schedule showmg the schedule change or d�srupt�on �f the Vendor is � assertmg a schedule change or d�sruption 3 The Vendor shall keep complete records of extra costs and time mcurred as a result of the protested work The C�ty shall have access to any of the Vendor's records needed for evaluatmg the protest The C�ty will evaluate all protests, prov�ded the procedures m this section are followed if the City determ�nes that a protest is val�d, the C�ty will ad�ust payment for work or t�me by an equrtable ad�ustment No ad�ustment will be made for an �nvalid protest B Vendor's Dury to Complete Protested Work In sp�te of any protest, the Vendor shall proceed promptly to provide the goods, materials and serv�ces required by the City under this Agreement C Vendor's Acceptance of Chan�es The Vendor accepts all requirements of a change order by (1) endorsmg it, (2) wr�tmg a separate acceptance, or (3) not protestmg in the way th�s sect�on provides A change order that �s accepted by Vendor as prov�ded m th�s section shall const�tute full payment and final settlement of all claims for contract t�me and for direct, mdirect and consequent�al costs, includ�ng costs of delays related to any work, e�ther covered or .�Y�1 . affected by the change D Fa�lure to Protest Constrtutes Wa�ver By not protestmg as this section prov�des, the Vendor also wa�ves any add�tional ent�tlement and accepts from the City any wr�tten or oral order (mcludmg directions, instructions, mterpretat�ons, and determ�nat�on) E Failure to Follow Procedures Const�tutes Wa�ver By failmg to follow the procedures of this sect�on, the Vendor completely wa�ves any claims for protested work and accepts from the C�ty any written or oral order (mclud�ng d�rect�ons, mstruct�ons, mterpretattons, and determmat�on) 7. CLAIMS. The Vendor shall g�ve written not�ce to the Crty of all claims other than change orders w�thm fourteen (14) calendar days of the occurrence of the events g�vmg r�se to the claims Any claim for damages, add�tional payment for any reason, or extens�on of t�me, whether under th�s Agreement or otherw�se, shall be conclus�vely deemed to have been waived by the Vendor unless a timely written cla�m is made m strict accordance with the appl�cable provzsions of th�s Agreement, or, �f (and only i� no such provision �s appl�cable, unless that clann �s set forth m detail m wr�tmg and recerved by the City wrthm seven (7) calendar days from the date Vendor knew, or should have known, of the facts givmg rise to the cla�m At a mmimum, a Vendor's wr�tten claim must mclude the mformat�on set forth regardmg protests m Sect�on 6(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 Vendor must, in any event, file any cla�m or bring any surt arismg from or connected wrth th�s Agreement wrthm 120 calendar days from the date the contract work �s complete 8. WARRANTY. The Vendor shall correct all defects �n workmanship and materials withm 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 from the date such correct�on is completed and accepted by the Crty The Vendor shall begin to correct any defects w�thm seven (7) calendar days of �ts rece�pt of not�ce from the Crty of the defect If the Vendor does not accomplish the correct�ons w�thm a reasonable t�me, the City may complete the correct�ons and the Vendor shall pay all costs mcurred by the C�ty m order to accompl�sh the correct�on 9. INDEMNIFICATION Vendor shall defend, mdemmfy and hold the City, �ts officer, offic�als, employees, agents and volunteers harmless from any and all cla�ms, m�uries, damages, losses or suits, mcludmg all legal costs and attorney fees, arismg out of or m connection w�th the performance of th�s Agreement Vendor's obligat�on to mdemnify shall not extend to that port�on of damages caused by the C�ty's sole negl�gence The C�ty's mspect�on or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of mdemn�ficat�on Should a court of competent �ur�sd�ct�on determme that this Agreement �s subJect to RCW 4 24 115, then, m the event of liability for damages ar�smg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Vendor and the C�ty, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negl�gence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The prov�sions of this section shall surv�ve the exp�ration or termmation of this Agreement 10. INSURANCE. The Vendor shall procure and maintam for the durat�on of th�s Agreement, msurance agamst claims for m�uries to persons or damage to property that may arise from or m connect�on w�th the performance of the Contract work by the Vendor, �ts agents, representatives, employees or subcontractors Before begmnmg work on the proJect described m th�s Agreement, the Vendor shall provide a Certificate of Insurance ev�dencmg Automobile Ltabihtv msurance wrth l�mrts no less than $1,000,000 combmed smgle limrt per accident for bodily m�ury and property damage, and 2 Commerc�al General Liabil�tv msurance written on an occurrence basis w�th l�m�ts no less than $1,000,000 combmed smgle lim�t per occurrence and $2,000,000 aggregate for personal m�ury, bodily m�ury and properiy damage Coverage shall mclude but not be limited to blanket contractual, products/completed operat�ons/broad form property damage, and employer's liab�l�ty Any payment of deductible or self msured retention shall be the sole responsibility of the Vendor All required policies shall be prov�ded on an "occurrence" basis except professional liab�l�ty msurance (�f required), which shall be provided on a"claims-made" bas�s The City shall be named as an addmonal msured on the Commercial General L�ability msurance pol�cy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement nammg the City as add�t�onal insured shall be attached to the Cert�ficate of Insurance The C�ty reserves the r�ght to receive a cert�fied copy of all the required msurance polic�es The Vendor's Commerc�al General L�abilrty msurance shall contam a clause statmg that coverage shall apply separately to each msured agamst whom claim �s made or surt �s brought, except wrth respects to the hmrts of the msurer's hability The Vendor's msurance shall be pnmary msurance as respects the C�ty and and it shall be an affirmatrve obhgat�on upon Consultant to adv�se the C�ty's Risk Manager by fax at (360) 473-5161, or by certified mail, return rece�pt requested to C�ty of Bremerton, attn R�sk Management, 345 6"' Street, Suite 600, Bremerton, WA 98337 wrthm two days of the cancellat�on, suspens�on or substant�ve change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement The City also reserves �ts unqual�fied r�ght to requtre at any time and for any reason, proof of coverage m the form of a duplicate of the insurance policy with all endorsements as evidence of coverage ., �� '. 11. MISCELLAIVEOUS. A ' Licenses and Taxes Vendor shall possess a current Bremerton Busmess License and any regulatory l�cense required , to fulfill Vendor's obligattons under th�s contract B&O taxes shall be pa�d when due, and Vendor, by this agreement, assigns any payments due under th�s contract to the City Clerk for payment of such taxes which have been declared delmquent B Conflict and Precedence In the event of a confl�ct between the contract documents, the document wh�ch rates higher on the followmg l�st shall take precedence 1 Addenda, if any, 2 Contract, 3 Spec�ficat�ons, 4 Terms and Conditions, 5 Contractor's proposal C Documents Incorporzted by Reference The followmg documents are mcorporated by reference, to mclude, but not be hmrted to 1 Terms and Condrtions, 2 Specifications, 3 Proposal, and 4 Non-Collusion Affidavrt D Nond�scrimmat�on In the hirmg of employees for the performance of work under th�s Agreement the Vendor, tts subcontractors, or any person actmg on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientat�on, nat�onal origin, or the presence of any sensory, mental, or physical d�sabilrty, discriminate agamst any person who �s qual�fied and ava�lable to perform the work to which the employment relates E Compliance with Laws Vendor shall comply wrth all federal, state and local laws, rules and regulations throughout every aspect m the performance of th�s Agreement F Work Performed at Vendor's R�sk Vendor shall take all precautions necessary and shall be responsible for the safety of rts employees, agents, and subcontractors m the performance of th�s Agreement All work shall be done at Vendor's own r�sk, and Vendor shall be responsible for any loss of or damage to mater�als, tools, or other art�cles used or held for use m connect�on w�th the work G Governm L�aw This Agreement shall be governed and construed m accordance w�th the laws of the State of Washmgton If any dispute arises between the C�ty and Vendor under any of the provisions of th�s Agreement, resolution of that d�spute shall be ava�lable exclusively under the �ur�sd�ction, venue and rules of the K�tsap County � Superior Court, Krtsap County, Washmgton H Attorney's Fees In any cla�m or lawsuit for damages ar�smg from the parties' performance of th�s Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees mcurred in defending or brmgmg such claim or lawsurt, however, nothmg m this subsection shall hmrt the City's r�ght to mdemmficat�on under Section 9 of th�s Agreement I Written Not�ce All commumcations regarding this Agreement shall be sent to the parties at the addresses l�sted . • � . J K L WJ below, unless otherw�se notified Any wr�tten not�ce shall become effect�ve upon delivery, but m any event three (3) calendar days after the date of mailmg by reg�stered or cert�fied mail, and shall be deemed sufficiently g�ven �f sent to the addressee at the address stated m th�s Agreement Not�ces to be sent to VENDOR Attn Fields Roof Service 25924 — 78"' Ave So Kent, Wa 98032 Notices to be sent to CITY Attn Tom Cressman City of Bremerton 680 Lebo Blvd Bremerton, WA 98310 Assi n�nt Any assignment of this Agreement by the Vendor wrthout the wr�tten consent of the City shall be void Mod�fication No warver, alteration, or modificat�on of any of the prov�s�ons of this Agreement shall be bmdmg unless m wr�tmg and s�gned by a duly author�zed representat�ve of the C�ty and Vendor Severabilrtv If any one or more sect�ons, sub-sections, or sentences of this Agreement are held to be unconst�tut�onal or mvalid, that dec�s�on shall not affect the validity of the remainmg portion of this Agreement and the remamder shall remam m full force and effect Ent�re Agxeement The written provisions and terms of th�s Agreement, together w�th any attached Exhib�ts, supersede all prior verbal statements by any representatrve of the City, and those statements shall not be construed as formmg a part of or altermg m any manner this Agreement This Agreement and any attached Exh�b�ts contam the entire Agreement between the part�es Should any language m any Exh�brt to th�s Agreement conflict w�th any language contamed m this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed th�s Agreement VENDOR ��S c� /�l'G. B Y Pr� ame �` G /1LI � Its 2�iD�1T Date 1� -- � — 2�r13 CITY Ciry of Bremerton ' �ii' �t/i-��.� . � . � - � _l r�� , "_'sll'1�171� � . `���� � � APPRO T By Bremerton City Attorney ,*��� / �t�1 �/ . .��s Option 1 Niaintenance to all flat roof areas v Re-caulk 1601inear feet of m�tai termination bar where roofing meets b�ick wall. (SW Side) o Re•caulk 963 linear feet of inetal counter flashing mounted i�rto the brick mortar. e Reseal 12 existing plumbing pipe penetrations using roof mastic. + Reseal all large and small roof vent penetrations using roof mastic. (All Roofs) • Cut back loose roofing from aroand one existing roof drain, asphalt prime drain and install new torchdown membrane. (Lower Roo� • Re�nove 20 linear feet of loose cap metal, apply new roofing membrane where existing membrane is short and re-install cap metal. (Lower Roofl • Apply new roofing membrane over cricket area behind brick chimney. (Gym Roof� • Apply new caulking where termination bar is mounted on brick chirr�ney. (Gym Roof� � T�im back loose roofing from gravel stop metai edges and apply roof mastic to seal edges. (225 linear feet) • Apply new roofing rnembrane over one valley where breaks in �oofing existi (19 linear feet) • Check �oofing at all bottom edges; apply roof mastic where flashing joints have caused separation. • Apply aluminum coating over ail newly repaired area. P�ice for all work listed above �$12,990.00 + tax Note: The above work has b�en figured at current prevailing wages for �oofers. Option 2 Inland RC-2000 rubber roof coatin4 svstem • Pressure wash entire roof surface. o Apply inl�nd RG2200 rubber �oof coating around all penetrations. • Apply frrst coat of Inland RC-2000 rubber roof coating over all roof areas. (Rate of 1.5 gallons per 100 square feet) • Apply top coat of Iniand RC-2000 rubber roof coating over all roof areas. (Rate of 1.5 galion per 100 square feet) Budget price = $ 82,550.00 + tax