HomeMy WebLinkAbout000910 Original Contract City of Port Angeles
Record #000910
> 5«k'� City of Port Angeles
Public Works&Utilities Dept.
n 321 E.5`f'Street
Port Angeles WA 98362 SERVICE CONTRACT
Tel: 360-417-4541
14,"s&��`O~ Fax: 360-452-4972
Contract Title: 2015 Comprehensive Leak Detection Survey Service Number: SVC15-24
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND UTILITY SERVICE ASSOCIATES ("CONSULTANT").
1. WORK BY CONTRACTOR
The Consultant shall perform the work as described in Attachment"A"(Attachment"A"may include Consultant'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 20 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 10 calendar days after notice to proceed
and ends (90 days thereafter or after contract award).
3. PAYMENT
A. The City shall pay the Consultant 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: $7,000.00
❑ Force Account- Unit prices set forth in the Consultant's bid or quote, not to exceed: $
❑ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $
The Consultant shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A".
The Consultant 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 Consultant shall maintain time and expense records, which may be requested by the City. The Consultant
shall submit invoices to the City for payment for work performed. All invoices must reference the City's service
number. Invoices shall be in a format acceptable to the City. The Consultant will invoice the City per the rates in
Attachment D.
C. The City shall pay all invoices from the Consultant by mailing a City warrant within 30 days of receipt of a
properly completed invoice.
Service#SVC15-24 Page 1 Rev. 8/30/2011
D.°AII 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.
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Consultant 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 CONSULTANT
A. Safety. Consultant 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. Consultant
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. Warranty. Consultant shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Consultant's 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 Consultant 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 Consultant 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 Consultant to make appropriate selections.
C. Nondiscrimination/Affirmative Action. Consultant 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. Consultant 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 Consultant, while engaged in the performance of any work or
services required by the Consultant under this Contract, shall be considered employees of the Consultant 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 Consultant'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 Consultant 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.
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 Consultant 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 Consultant persistently or repeatedly refuses or fails to complete the work required herein.
4. Consultant fails to make prompt payment to subcontractors for material or labor.
Service#SVC15-24 Page 2 Rev. 8/30/2011
5. Consultant persistently disregards federal, state or local regulations and ordinances.
6. Consultant 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,
Consultant 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 Consultant by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Consultant 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 Consultant 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. Consultant, 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
The Consultant shall maintain insurance as set forth in Attachment B.
11. INTERPRETATION AND VENUE
This Consultant 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.
12. 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 Consultant 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.
13. 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 Consultant's risk and expense.
Service#SVC15-24 Page 3 Rev. 8/30/2011
14. SUBLETt'ING OR ASSIGNING OF CONTRACTS
Neither the City nor the Consultant shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
15. INDEPENDENT CONSULTANT
The Consultant is and shall be at all times during the term of this Contract an independent Consultant and not
an employee of the City.
16. 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.
17. SUBCONTRACTOR RESPONSIBILITY
The Consultant shall include the language of this section in each of its first tier subcontractors, 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 Consultant 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).
18. COMPENSATION AND METHOD OF PAYMENT.
A. The City shall pay the Consultant 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 Consultant except as identified and set forth in this Contract. Reference section 3. Payment
above for more information.
Service#SVC15-24 Page 4 Rev. 8/30/2011
IN WITNESS WHEREOF, the parties have executed this Contract as of l , 2015.
UTILITY SERVICE ASSOCIATES CITY OF PORT ANGELES
By: R, By:
Printed Name: Printed Name: Fj i G
Title: ' Title: � r � �+ C_. C-J 0 ck=
Address:
City:
Tax ID #: gb-
Phone Number: ' rU : - (5V7V Purchase Order #: hV �p
Service #SVC15-24 Page 5 Rev. 8/30/2011
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