HomeMy WebLinkAbout000643 Original Contract City of Port Angeles
Record # 000643
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❑ Request for Bid
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Contract Title: Substation Lightning Protection Project Number: CL08-2012
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND Kl(A Ele ric. Inc. ("CONTRACTOR")
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment"A"(Attachment"A"will include Contractor's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
® All work under this Contract is to be completed by this date: November 20, 2013.
❑ All work under this Contract is to be completed calendar days from the Notice to Proceed.
No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for
specific schedule for work).
❑ The performance period under this Contract commences_calendar days after notice to
proceed and ends days thereafter or after contract award).
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract (check one):
❑ Force Account - Time and material, not to exceed: $
❑ Force Account- Time and actual expenses incurred, not to exceed:
❑ Force Account- Unit prices set forth in the Contractor's bid or quote, not to exceed: $
® Firm Fixed Price set forth in Contractor bid or quote in the amount of: $25,804.62
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A".
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort.
whatsoever that may be required for the transfer of materials and for constructing and completing
the work provided for in this contract and every part thereof; except those indicated to be furnished by the
City of Port Angeles in Attachment A.
B. The Contractor shall maintain time and expense records, which may be requested by the City. The Contractor
shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract
number. Invoices shall be in a format acceptable to the City.
C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a
properly completed invoice.
D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives
of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon
request.
CL08-2012 Page 1 Rev. 8/30/2011
i
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Contractor shall correct or modify the required work to comply with the requirements of this
Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the
Contract Documents.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall
comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor
shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and/or
materials discovered within one year after acceptance of this work. When corrections of defects are made,
Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work
for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such
defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a
reasonable time. In emergencies where damage may result from delay or where loss of service may result, such
corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the
Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and
the cost of same shall be paid by the Contractor.
C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and
supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made
against the City as a result of any defective work and the Contractor shall defend any such claims at its own
expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the
professional judgment of the Contractor to make appropriate selections.
D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local
law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Contractor setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or
services required by the Contractor under this Contract, shall be considered employees of the Contractor only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
S. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
C. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
CL08-2012 Page 2 Rev. 8/30/2011
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
1. The Contractor makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Contractor.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.
4. Contractor fails to make prompt payment to subcontractors for material or labor.
S. Contractor persistently disregards federal, state or local regulations and ordinances.
6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in Attachment A is satisfactorily completed, as
scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this
Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or
which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess
shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance,
Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and
interests of the City under the Contract, provided such legal costs shall be reasonable.
7. OWNERSHIP OF DOCUMENTS
A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract
shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by
the Contractor under this Contract will be kept confidential and shall not be made available to any individual or
organization by the Contractor without prior written approval of the City or by court order.
S. CLAIMS
Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract
must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in
no event later than the time of approval by the City for final payment. Contractor, upon making application for
final payment, shall be deemed to have waived its right to claim for any other damages for which application has
not been made, unless such claim for final payment includes notice of additional claim and fully describes such
claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for
the City under this Contract and shall oversee and approve all work to be performed, coordinate communications,
and review and approve all invoices, under this Contract.
10. HOLD HARMLESS
A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity
that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In
the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys'
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the
Contractor.
CL08-2012 Page 3 Rev.8/30/2011
B. The Ci shall protect, def
City p end indemnify and save harmless the Contractor, its officers employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that
would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the
event the Contractor obtains any judgment or award, and/or incurs any cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
form the City.
11.. INSURANCE, BONDS, & RETAINAGE
A. The Contractor shall maintain insurance as set forth in Attachment B.
B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster
contract and payment and performance bonds and retainage will apply in accordance with Washington State law.
A retainage of 5% will then be applicable to this contract. The Contractor shall obtain payment and performance
bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security
Transmittal Form, Performance and Payment Bond forms, and Escrow Agreement for Retained Percentage form
are available from the Operations Office of Public Works & Utilities (Telephone 360-417.4541). Performance and
Payment Bond and Retainage forms are provided in Attachment D. The party to whom the Contract is awarded
will be required to execute the Contract and obtain the Performance and Payment Bonds within ten (10) calendar
days from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by
the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney
appointing the signatory of the bond(s) as the person authorized to execute it(them).
12. PREVAILING WAGE
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement
of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The
Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance
of services rendered, Contractor shall submit an "Affidavit of Wages Paid".
For a contract award or an on-call contract work order under $2,500, and in accordance with RCW 39.12.040(2),
the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages
&Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form
developed by the Washington State Department of Labor and Industries and available from the City of Port
Angeles Public Works and Utilities Department.
In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute,
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
CL08-2412 Page 4 Rev. 8/30/2011
14. BRANDS OR EQUAL
When a special "brand or equal"is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered
provided p Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
1S. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Contractor's risk and expense.
16. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
17. INDEPENDENT CONTRACTOR
The Contractor is and shall be at all times during the term of this Contract an independent contractor and not
an employee of the City.
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require
each of its subcontractors to include substantially the same language of this section in each of their subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors
meets the following bidder responsibility criteria:
-At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27
RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4)An electrical contractor license, if required by Chapter 19.28 RCW;
5) An elevator contract license, if required by Chapter 70.87 RCW.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
20. COMPENSATION AND METHOD OF PAYMENT.
A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as
incorporated in the Contract.
CL08-2012 Page 5 Rev. 8/30/2011
B. Payments for work
Y provided hereunder shall be made following the performance of such work, unless
otherwise permitted by law and approved in writing by the City. No payment shall be made for any work
rendered by the Contractor except as identified and set forth in this Contract.
C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment
request form.
D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance
with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the
Attachment E. Following approval of the RFI and/or CCO, the Contractor shall submit the standard payment
request form(s).
E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of
which is included in Attachment E to this Contract. This form includes a lien waiver certification and shall be
notarized before submission. Applications for payment not signed or notarized shall be considered incomplete
and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a
satisfactorily completed payment request form and shall make payment to the Contractor within approximately
thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and
Acceptance located in Attachment E).
IN WITNESS WHEREOF, the parties have executed this Contract as ofAj%Akk 2013.
KVA ELECTRIC, INC. CITY OF PORT ANGELES
By: pact,. By: ✓J ter/'
Printed Name: Printed Name: AIAA
Title: V I ra 2941;ijcn
Title:
Address:
city' APPROVED AS TO FORM:
Tax ID #:
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BY: r
Phone Number: LQ CITY ATTORNEY
ATTEST:
BY:
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Purchase Order #:
CL08-2012 Page 6 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "A"
Engineering Office WORK BY CONTRACTOR
Public Works and Utilities Department
360-417-4700
The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for
obtaining and paying for any and all permits required for this work.
General Scope: Install lightning arrestors in four substations.
Location: Four Port Angeles electrical substations.
Site Point of Contact: Richard Hixson at 360-461-7470.
Work Hours and Schedule: The Contractor will work from 7:00 AM to 3:30 PM, Monday through Friday,
excluding ail City holidays. Work outside of these hours may be requested from and is at the discretion of the City
Engineer.
Permits: None required
Work Requirements:
1.0 Project Description
Replace or add lightning arresters to the 69kV transmission structures at 4 of seven substations.
2.0 Standard Specifications
The Contract incorporates the Washington State Department of Transportation's 2012 Standard Specifications for
Road, Bridge and Municipal Construction, referred to herein as the Standard Specifications, and the City of Port
Angeles Urban Service Standards and Guidelines (current edition).
The following City of Port Angeles Specification Sections and Construction Standards are included as part of this
contract: Section 16670 — Station Class Surge Arresters,
3.0 Drawings:
The following drawing sheets are part of this contract: E-1.
4.0 Description of Work
Replace existing station class lightning arresters where shown on drawings. All substations are located within the
city limits of Port Angeles. Contractor shall remove existing arresters, and provide and install all material,
mounting brackets, grounding conductors, jumpers, connectors, etc, as described herein to provide a complete
and functional lightning protection scheme.
5.0 Safety
Substations will be de-energized one at a time by Part Angeles Light Operations (PALO) personnel. Contractor
must coordinate its schedule with PALO and allow approximately one working day for a substation to be re-
energized and the next site de-energized when moving between sites. All work must be completed on one site
before moving to another.
CL08-2012 Page 7 Rev. 8/30/2011
6.0 Observance of the Law
The Contractor shall be responsible for the strict observance by his employees of the laws of the United States
and the State of Washington (including State of Washington Department of Transportation regulations) and all
local ordinances and regulations. The Contractor shall comply with said laws, ordinances, and regulations.
7,0 Payment
The City will process monthly payments for work completed and accepted by the Project Engineer within 30 days
following submittal of a completed and signed Payment Request Form. Retainage in the amount of 5% will be
withheld in accordance with RCW 60.28.011.
After the expiration of 30 days following the final acceptance of said work by the Port Angeles City Council and
receipt of proper releases for applicable agencies of the State of Washington, the final payment of the retainage,
or all amounts thereof in excess of a sufficient sum to meet and discharge valid claims filed pursuant to the
statutes of the State of Washington, will be made.
Washington State sales tax will apply and be paid when billed on invoices.
8.0 Warranty
Contractor to repair or replace arresters that fail in workmanship within the manufacturer's standard warranty
period, but not less than one year from date of Substantial Completion.
9.0 Special Conditions
The City of Port Angeles requires that bid submittals be made on the bid form supplied by the City, and in no
other manner.
CLOS-2012 Page 8 Rev. 8/30/2011
SECTION 16670—STATION CLASS SURGE ARRESTERS
PART 1 -GENERAL
1.1 This specification covers the electrical and mechanical characteristics of polymer-housed station-
class arresters.
1.2 STANDARDS
A. Meet the requirements of IEEE Std C62.11 TM-2005 standard "Standard for Metal-Oxide Surge
Arresters for Alternating Current Power Circuits".
B. Pressure Relief Test shall be performed in accordance with IEEE Std C62.11 aT"-2008 standard.
PART 2 - PRODUCTS
21 CONSTRUCTION
A. Arresters shall be polymer-housed station-class. The housing shall contain a minimum of 75%
silicone rubber. Housings, which are primarily EPDM, EPR or other carbon-based materials, are
not acceptable.
B. Polymer-housed station-class arresters shall meet 15,000 inch-lbs. ultimate cantilever strength.
C. The arrester housing shall have minimum creepage distance of 107.5 inches.
D. Terminals shall have solderless clamp-type connections suitable to accept up to 1.15" diameter
conductors.
E. The arrester shall be supplied with a 3-hole mounting base using an 8.75"-10" diameter bolt circle
pattern. The bolt-holes should be sized for 0.5" diameter bolts.
F. The arrester shall specify the manufacturer name, catalog number, serial number, arrester rating
and MCOV. It shall be permanently affixed to the mounting base.
2.2 PROTECTION CHARACTERISTICS
A. The arrester shall have discharge voltages, which do not exceed the following single-impulse
discharge energy ratings:
1. MCOV: 42.0 kV RMS
2. Energy Handling: 260.4 kJ
3. TOV— 1 sec: 57.0 kV RMS
4. TOV— 10 sec: 54.1 kV RMS
5. Front-of-Wave Protective Level: 144 kV Crest
6. Maximum Discharge Voltage: 150 kV Crest at 20 kA
7. Switching Surge Protective Level: 108 kV Crest at 1000 A
2.3 PRODUCTION TESTS
A. Every metal oxide varistor and arrester shall be 100% production tested as follows to
demonstrate compliance with the manufacturers' specifications. Test report should be supplied
with each arrester. Each arrester shall be marked with a unique serial number to allow tracking
for at least 20 years from date of production.
B. Metal Oxide Varistor Tests
1. Reference Voltage measured at specified Reference Current must fall within the
parameters established by the manufacturer.
CL08-2012 Page 9 Rev. 8/30/2011
2. The discharge voltage of each MOV must be measured per IEEE Std C62.11 TM-2005
standard, Section 13.2, "Discharge Voltage Test".
3. The leakage current must be measured by a method prescribed by the manufacturer.
C. Complete Arrester Tests
1. The partial discharge must be measured at no less than 1.05 times MCOV.
2. The Watts Loss must be measured at no less than 1.05 times MCOV.
3. The arrester reference voltage must be verified for each arrester.
2.4 QUALITY ASSURANCE
A. Any varistor or complete arrester that does not comply with the requirements of these
specifications shall be rejected.
B. Arresters shall be Cooper#UHAA054042A2815A11, or equal.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Three new arresters are to be installed in each of four substations, as detailed on the drawings.
Existing arresters are to be removed and the mounting brackets reused where present. Provide
new mounting brackets at College Substation to mount on existing switch structure. Modify
connections to 69kV bus as required to fit new arresters.
B. Installation requires de-energizing the 69 kV lines supplying each substation. This switching will
be performed by City crews. Only one substation at a time can be removed from service, and
only one during any 24 hour period. Contractor shall coordinate installation schedule with City of
Port Angeles Light Operations.
C. Provide and install new downleads from arresters to existing ground grid lead at base of structure
or transformer. Connect downlead to each arrester. Conductor to be Theft Deterrent Composite
Conductor(TDCC)or Copper-bonded Steel Conductors (CBSC), as manufactured by Erico or
equal, equivalent to the AWG stranded bare copper sizes shown on drawings. Downleads shall
be bonded to the existing substation grounding grid using exothermic welding connections.
END OF SECTION 16670
CLOS-2012 Page 10 Rev.W3012011
City of Port Angeles ATTACHMENT "B"
Engineering Office INSURANCE
Public Works and Utilities Department
360-417-4700
INSURANCE &INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Includes construction and remodeling,janitorial service, tree maintenance, road maintenance, painting, electrical
work,plumbing, movers, and on site maintenance agreements.
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
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 officers, officials, employees, 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 the indemnification provided herein constitutes the Contractor's waiver
of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, their agents, representatives, employees or subcontractors.
No Limitation
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed
to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Compieted Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
CL08-2012 Page 11 Rev. 8/30/2011
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to
be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent
business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy
cancellation, within two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach,
immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
CL08-2012 Page 12 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "C"
Engineering Office PREVAILING WAGE RATES
Public Works and Utilities Department
360-417-4700
Prevailing Wage Rates Information Below;
1. Washington State Prevailing Wage Rates For Public Works Contracts --.journey Level and Apprentices,
Clallam County, effective 7/26/2013.
2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries
website link. http.//www.Inl.wa.gov/TradesLicensing/PrevW ge/WacieRates/default.asp
3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or
by email, Ihanley(dcityofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port
Angeles, WA. 98363.
CL08-2012 Page 13 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "D"
Engineering Office PERFORMANCE & PAYMENT BONDS
Public Works and Utilities Department &
360-417-4700
RETAINAGE
PERFORMANCE BOND
to City of Port Angeles,WA
Bond No.
The City of Port Angeles,Washington has awarded to (Principal), a contract for the
construction of the project designated as Substation Lightning Protection Project No. CL08-2012 in Port Angeles,
Washington, and said Principal is required to furnish a bond for performance of all obligations under the Contract.
The Principal,and (Surety), a corporation, organized under the laws of the State of and
licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.
Treasury Dept., are jointly and severally held and firmly bound to the City of Port Angeles in the sum of
US Dollars ($ )Total Contract Amount, subject to the provisions herein.
This statutory performance bond shall become null and void,if and when the Principal, its heirs,executors,
administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the
Contract and fulfill all the terms and conditions of all duly authorized modifications, additions,and changes to said
Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance
obligations have not been fulfilled, this bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the
Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any
way affect its obligation on this bond,and waives notice of any change,extension of time, alteration or addition to the
terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and
conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the
obligation of the Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2)original counterparts,and shall be signed by the parties'duly authorized officers.
This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer
executing on behalf of the surety.
PRINCIPAL SURETY
Principal Signature Date Suety Signature Dale
Printed Name Printed Name
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
Approved as to form:
City Attorney,City of Port Angeles Date
CLOS-2012 Page 14 Rev. 8/30/2011
PAYMENT BOND
to City of Port Angeles,WA
Bond No.
The City of Port Angeles,Washington,has awarded to (Principal),a contract for the
construction of the project designated as Substation Lightning Protection,Project No.CL08-2012,in Port Angeles,
Washington, and said Principal is required under the terms of that Contract to furnish a payment bond in accord with
Title 39.08 Revised Code of Washington(RCW)and(where applicable) 60.28 RCW.
The Principal,and (Surety), a corporation,organized under the laws of the State of and
licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.
Treasury Dept., are jointly and severally held and firmly bound to the City of Port Angeles in the sum
of US Dollars ($ )Total Contract Amount, subject to the provisions herein.
This statutory payment bond shall become null and void,if and when the Principal,its heirs,executors, administrators,
successors, or assigns shall pay all persons in accordance with Titles 60.28, 39.08, and 39.12 RCW including all
workers,laborers,mechanics, subcontractors,and materialmen, and all persons who shall supply such contractor or
subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract
under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment
obligations have not been fulfilled,this bond shall remain in force and effect.
The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the
Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any
way affect its obligation on this bond,and waives notice of any change,extension of time, alteration or addition to the
terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and
conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the
obligation of the Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2)original counterparts, and shall be signed by the parties'duly authorized officers.
This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer
executing on behalf of the surety.
PRINCIPAL SURETY
Principal Signature Data Stirety Signature Date
Printed Name Printed Name
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
Approved as to form:
City Attorney,City of Port Angeles Date
CL08-2012 Page 15 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "E"
Engineering Office FORMS
Public Works and Utilities Department
360-417-4700
REQUEST FOR INFORMATION (RFI) FORM
PROJECT NAME:
PROJECT/CONTRACT NUMBER:
ORIGINATOR: ❑ Owner ❑ Contractor
ITEM:
REFERENCE DRAWING OR SPECIFICATION:
DESCRIPTION OF CLARIFICATION/REQUEST:
DATE REPLY REQUESTED: CRITICAL TO SCHEDULE: ❑ YES ❑ NO
ORIGINATOR SIGNATURE: DATE:
COMMENTS:
RFI Number:
CLOS-2012 Page 16 Rev. 8/30/2011
BOAT�nc�
CONTRACT CHANGE ORDER (CCO) NO.
Project Name Substation Lightning Protection Date
Contractor Project No. CL08-2012
DESCRIPTION OF WORK
You are ordered to perforin the following described work upon receipt of an approved copy of this Change Order:
Such work will be compensated by: check one or more of the following as applicable [ ]Increase or[ ]Decrease in bid
items; [ ] Force Account; [ ]Negotiated Price: The described work affects the existing contract items and/or adds and/or
deletes bid items as follows:
Itein Description RFI# Qty, Unit $Cost Per Unit $Cost Net$Cost Adj.Days
No.
1 Orig.
Rev.
2 Orig. ,
Rev.
ORIGINAL CURRENT EST.NET CHANGE TOTAL CHANGE ORDERS, EST.CONTRACT AFTER
CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER
DAYS: DAYS: DAYS: DAYS: DAYS:
*Amount with applicable sales tax included
All work,materials and measurements to be in accordance with the provisions of the original contract and/or the standard specifications and special
provisions for the type of construction involved. The payments and/or additional time specified and agreed to in this order include every claim by the
Contractor for any extra payment or extension of time with respect to the work described herein,including delays to the overall project.
f ?+Y�-s _5 °f-;�., �d. ". m "�%p'�`.'s ". ;, a ^E-`'�e y ""� r. i 3 ^� _ ,� a �b ,.� } irr;'- s6�;
mac` c :� ^l '3
e� a APR UED B3 � E DAT `
r MA: RI
PROJECT ENGINEER
CITY ENGINEER
CONTRACTOR
PUBLIC WORKS&UTILITIES DIRECTOR
CITY MANAGER
x3 �i �£
CITY COUNCIL APPROVAL DATE:
CL08-2012 Page 17 Rev. 8/30/2011
CONTRACTOR'S APPLICATION FOR PAYMENT
PROJECT Substation Lightning Protection PROJECT NO. CL08-2012
Page I of 2
TO: City of Port Angeles DATE:
Public Works&Utilities Department
P.O.Box 1150
Port Angeles,WA 98362
FROM: PAYMENT REQUEST NO.
PERIOD From: to [end of period]:
STATEMENT OF CONTRACT ACCOUNT
1 Original Contract Amount(Excluding Sales Tax) $
2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) $
3 Adjusted Contract Amount[1+2] $
4 Value of Work Completed to Date (per attached breakdown) $
5 Material Stored on Site(per attached breakdown and material receipts) $
6 Subtotal [4+5] $
7 8.4% Sales Tax(at 8.4%of Subtotal),As Applicable $
8 Less Amount Retained(at 5%of subtotal) $
9 Subtotal [6+7-8] $
10 Total Previously Paid $
11 AMOUNT DUE THIS REQUEST[9-10] $
WAIVER.OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and
releases, up through the date hereof, any and all claims for costs or item extensions arising out of or
relating to extra or changed work or delays or acceleration not specifically identified and reserved in the
amounts identified below or previously acknowledged in writing by the City of Port Angeles.
CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the
materials supplied through the ending period date noted above represent the actual value of
accomplishment under the terms of the contract (and all authorized changes) between the Applicant and
the City of Port Angeles, relating to the above referenced project, and that the remaining contract
balance is sufficient to cover all costs of completing the work in accordance with the Contract
documents.
Continued on Page 2
CL08-2012 Page 18 Rev.8/30/2011
CONTRACTOR'S APPLICATION FOR PAYMENT
Page 2 of 2
I also certify that all lower-tier payments, less applicable retention, have been made by the Applicant for the
periods covered by previous payment(s) received by the Applicant to (1) all lower-tier subcontractors/suppliers,
and(2) for all materials, equipment and labor used or in connection with the performance of this contract. I
further certify that I have complied with all federal, state and local tax laws, including Social Security laws and
Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance
of this work, and have paid all such taxes,premiums and/or assessments arising out of the performance of the
work.
I further certify that,to the best of my knowledge, information and belief, all work for which previous payment(s)
have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the
Contractor, subcontractors,material suppliers,or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the work.
Within seven(7) days of receipt of the payment requested herein, all payments, less applicable retention,will be
made through the period covered by this pay request to all my lower-tier subcontractors/suppliers and for all
materials, equipment, labor,taxes and assessments arising out of the performance of all said lower-tire work.
DATED:
CONTRACTOR:
SIGNATURE:
PRINTED NAME AND TITLE:
SUBSCRIBED AND SWORN to before me this day of , 20
Notary Public in and for the State of
residing at
My appointment expires
APPROVAL:
Project Manager
Date
City Engineer
Date
CL08-2012 Rage l9 Rev. 8/30/2011
�a POR7'gM��
Cid
CERTIFICATION OF
resaN '� WORK COMPLETION AND ACCEPTANCE
PROJECT: Substation Lightning Protection
PROJECT NO.: CL08-2012
All work on the above referenced project has been completed in accordance with the contract documents and the
final inspection and the warranty provision included therein or relating thereto.
The final estimate in the amount of$ , including any applicable taxes, has been reviewed and
is in agreement with our records. I further certify that the final estimate amount shown above is a true and
correct statement showing all the monies due me from the City of Port Angeles for work performed and material
furnished under this contract. City Council acceptance and final payment, including retained percentages, is
hereby respectfully requested.
Contractor, hereby releases the City of Port Angeles, Washington, from any
and all liens arising out of this Contract or is, herewith, providing a bond covering all unpaid obligations for work,
materials, equipment or any other liens outstanding on this Contract.
CONTRACTOR:
ADDRESS:
AUTHORIZED OFFICIAL: DATE:
CL08-2012 Page 20 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "F"
Engineering Office ADDENDUM "E RECEIVED
Public Works and Utilities Department
360-417-4700
1. Addendum 1 attached
2. Quote Received from KVA Electric, Inc.
CL08-2012 Page 21 Rev. 8/30/2011
�fP0R.T ADDENDUM NO. 9
TO
PROJECT MANUAL
FOR
� s Substation Lightning Protection
PROJECT NO. CL08-2012
NOTICE TO PROSPECTIVE BIDDERS
July 23, 2093
NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are
amended as follows:
The Instructions to Bidders document is revised to include the following:
1. The Bidder's Checklist in paragraph 8 of the Instructions to Bidders calls for a Bid Security
Transmittal Form to be properly signed if a bid is greater than $36,000, including sales tax. The
Form is missing from was not included in existing Instructions to Bidders. Insert the attached Bid
Security Transmittal Form between pages 3 and 4. The existing page 4 shall become page 5 and
renumber the trailing pages accordingly.
2. The Bid Opening Date remains unchanged. The bid opening date is Friday, July 26, 2013 at
2:00 PM.
This addendum must be acknowledged in the space provided on the Bid Form in the Project
Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as
non-responsive.
M.C. Puntenne ,
City Engineer
PW-407_13[rev.09/181021 Page 1 of 2
BID FORM
Project Title: Substation Lightning Protection Project Number: CL08-2012
The bidder hereby bids the following amounts for all work (including labor, equipment, time
and materials) required to perform the work in the Statement of Work and this package.
Bid Item Description Lum Sum
1 1-ightning LightningArresters -4 Substations
8.4% Sales Tax
Total
The bidder hereby acknowledges that it has received Addenda No(s).
(Enter"NIA" if none were issued) to this Request for Bid package.
The name of the bidder submitting this bid and its business phone number and address, to which
address all communications concerned with this bid and with the contract shall be sent, are listed
below. Any written notices required by the terms of an awarded contract shall be served or mailed to
the following address:
Contractor information: p!
1. Company Name: ivh
y `r°C
2. Address: 2.SJ='-.
3. City, State, Zip Code: r{ n r� LE - ot,?.Z7�,
4. Phone Number: �SU) -a 0?> I -
5. Contractor Registration Number: KVNELL J=9 01 L ik
6. UBI Number:
7. WA State Industrial Insurance Account Number: OTZ -�66-0c)
S. WA State Employment Security Dept Number: 1252 RA00()
9. State Excise Tax Registration Number: 011- 1-14C11-60
The bidder represents thati is qualified and possesses sufficient skills to bid on this project and the
necessary capabilities to oe orm a rvices set forth in this Contract.
Signed by
Titlero
Printed Name:
Date l
Project No.: CL08-2012
Page 5 Rev 08/30/2011
NON-COLLUSION AFFIDAVIT
STATE OF WASHINGTON )
COUNTY OF ! AAa )
The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine
and not a sham or collusive bid, or made in the interest or on behalf of any person not therein
named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited
any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to
refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to
him/her self an advantage over any other bidder or bidders.
le- Ignature o Bidder/Contractor
Subscribed and sworn to before me this ;��7e-day o WL- 20
.«yvvv`vvv ,t
N(Q'&yKf9fic in and for the A,kb��"
State of iC1�zll
X08 r/ ar
Residing at
fj 1Z
ra S
to" My Comm. Exp.: -
OF
Project No.: CL08-2012
Page 3 Rev 08/30/2011
PORI'app
u`
s>ln FORM
VIM
Project TitleSubstation Lightning Protection Project Number: CLOS-2012BIDDER: KV dU,',
The undersigned,hereinafter called the bidder,declares that the only person(s) interested in this bid are those
named herein; that the bid is in all respects fair and without fraud; and that it is made without any connection or
collusion with any other person making a bid on this project.
The bidder further declares that it has carefully examined the plan,specifications, and contract documents,
hereinafter referred to as the Project Manual, for the construction of the proposed project improvement(s);that it
has personally inspected the site(s);that it has satisfied itself as to the types and quantities of materials,the types
of equipment,the conditions of the work involved, including the fact that the description of and the quantities of
work and materials,the types of equipment,the conditions of and the work involved as included herein, are brief
and are intended only to indicate the general nature of the work and to identify the said quantities with the
corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and
the terms of the Contract included in the Project Manual.
The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface
information and has utilized all data which it believes is pertinent from the City Engineer,hereinafter also referred
to as the City or Owner, and such other source of information as it determined necessary in arriving at its
conclusion.
If the bidder is awarded a construction contract on this bid,the name and address of the surety who will provide
the performance bond is:
Surety Agent
Surety address Agent Address
Surety Contact and Phone Number Agent Contact and Phone Number
se� 0�
Project No.: CL08-2012
Page 4 Rev 086W2011
BID SECURITY TRANSMITTAL FORM.
Herewith find an executed Bid Bond or a deposit in the form of a cashier's check, postal money order or other security
in lieu of a bid bond in the amount of$ ____.._,which amount is not
less than five(5%)percent of the total bid.
SIGN HERE
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, __ as Principal and as Surety, are held and firmly
bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of
Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally, by these presents.
The condition of this obligation is such that if the Obligee shall make any award to the Principal for:
Project Title: Substation Lightning Protection Project Number: CL08-2012
according to the terms of the bid made by the Principal, and the Principal shall duly make and enter into a contract with
the Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof,
with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the
Obligee the penal amount of the deposit specified in the advertisement for bids, then this obligation shall be null and
void; otherwise it shalt be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee,
as penalty and liquidated damages,the amount of this bond.
SIGNED, SEALED AND DATED THIS day of 20
Principal
Surety Agent
Surety address Agent Address
Surety Contact and Phone Number Agent Contact and Phone Number
Dated:
Received return of deposit in the sum of$
PW-407_13[rev.09118102] Page 2 of 2