HomeMy WebLinkAbout000828 Original Contract City of Port Angeles
wO� ��,HT, Record # 000828
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-- SMALL WORKS ROSTER
❑ Request for Bid
® Contract
Contract Title: Upgrade Overhead - Olympic Medical Center Project Number: CL08-2007
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES,
WASHINGTON ("CITY") AND MAGNUM POWER, LLC, WASHINGTON ("CONTRACTOR").
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment"A"(Attachment°A"may 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:
❑ All work under this Contract is to be completed 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 ten calendar days after notice to
proceed and ends 150 days thereafter.
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: $52,152.44
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.
CL08-2007 Page 1 Rev. 8/21/2014
a
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.
5. 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.
6.TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and
final payment by the City.
CL08-2007 Page 2 Rev. 8/21/2014
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.
5. 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.
& 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. 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 forms are provided in Attachment D. The party to whom
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-. . .
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 Owner, 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).
11. 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.
12. 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.
13. 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 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.
14. 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.
15. 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.
CL08-2007 Page 4 Rev. 8/21/2014
16. 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.
17. 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.
18. 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;
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
19. 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.
B. Payments for work 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 Standard Specifications referenced in Attachment "A." 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.
CL08-2007 Page 5 Rev. 8/21/2014
IN WITNESS WHEREOF, the parties have executed this Contract as of 2014.
MAGNUM POWEPJ LLC CITY OF PORT ANGELES
By: By:
Printed Name: MLI qr, Printed Name:
Title: .. Title:
Address:
City: tN� �� Q/� , V�� NWA APPROVED AS TO FORM:
Tax ID #: 47" lKR q
BY:
Phone Number: �31��) ��` � CITY ATTORNEY
ATTEST:
BY: l V
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CL08-2007 Page 6 Rev.8/21/2014