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HomeMy WebLinkAbout001032 Original Contractx'10 W0+1. City of Port Angeles Public Works & Utilities Dept. Engineering Office gy 321 E. Fifth Street Port Angeles WA 98362 Tel: 360 -417 -4541 Fax: 360- 417 -4709 City of Port Angeles Record # 001032 PUBLIC WORKS CONTRACT ❑ Request for Bid ® Contract Contract Title: 11TH and Cedar Street Water Main Repair Project Number: CON 2016 -05 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ( "CITY ") AND Jordan Excavating, Inc ( "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: March 11th, 2016. ❑ 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 _ calendar days after notice to proceed and ends (xx 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: $50,000 (see Attachment E Breakdown Sheets ❑ 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: $ 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. CON 2016 -05 Page 1 Rev. 4/8/2015 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. 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. CON 2016 -05 Page 2 Rev. 4/8/2015 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. 8. 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. INDEMNIFICATION / HOLD HARMLESS A. 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. B. 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 CON 2016 -05 Page 3 Rev. 4/8/2015 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. 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 form, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works & Utilities (Telephone 360- 417 - 4541). Performance Bond and Retainage forms are provided in Attachment C. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond 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). 12. PREVAILING WAGE This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Workers shall receive no less than the prevailing rate of wage. Bidders shall examine and be familiar with such requirements. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Bidder or a failure to include in Bidder's price adequate increases in such wages during the performance of this Contract. The Contractor is advised to consult the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid. This public works project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen and Apprentices can be found at: htt s: fortress. wa. oov /In i wagelookup/pryWagelookup.asDx httpSortress.wa . cov1lni /wa ea lookup /ApprenticeWageLookup.as�x The applicable wage determinations to use have an effective on the February 23, 2016. A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and Utilities Contracts Office. In addition, this agency will mail a hard copy of the applicable wage rates upon request. For a contract award 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. 14. BRANDS OR EQUAL CON 2016 -05 Page 4 Rev. 4/8/2015 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. 15. 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. 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. CON 2016 -05 Page 5 Rev. 4/8/2015 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. 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 D 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 D). IN WITNESS WHEREOF, the parties have executed this Contract as of February 23, 2016. CONTRACTOR CITY OF PORT ANGELES By: Z By: Printed Name: Printed Name: Title:° a Address: City: Tax ID #: Phone Number: o &:2e / f X Title: s 1'' ATTEST: BY: I, CL K CON 2016 -05 Page 6 Rev. 4/8/2015 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4541 ATTACHMENT "A" WORK BY CONTRACTOR 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: Water main repair and slope restoration. Location: At the end of 11th Street, just west of the 11th and Cedar Street intersection. Site Point of Contact: James Burke at 360 - 417 -4855. Work Hours and Schedule: The contractor will be allowed to work from 7 AM to 10 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the Assistant Deputy Director of Public Works. Permits: None. Work Requirements: 1.0 Project Description This contract is for the repair of an 8 -inch cast iron water main near the intersection of 11th and Cedar Street. The work zone is outlined in red on Attachment A. This scope of work includes replacing the failed section of water main with 8 -inch ductile iron pipe, installing an 8 -inch air vacuum relief valve, 8 -inch butterfly valve, and restoring the failed hillside slope. 2.0 Standard Specifications This contract incorporates the current Washington State Department of Transportation's Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of PortAngeles Urban Services Standards and Guidelines (current edition). This contract incorporates the current City of Port Angeles Urban Service Standards and Guidelines Contractor shall follow the WSDOT Specification 1 -09.6 Force Account for all work. Concrete Thrust Blocking Section 7- 09.3(21) shall be supplemented with the following: Thrust blocks for mains, tees, crosses, valves, and dead ends shall be as shown in the table provided in the plans. The soil type will be determined by the Engineer upon observation of the excavation. Hydrostatic Pressure Test Section 7- 09.3(23) shall be supplemented by the following: The contractor shall submit a testing plan to the Engineer for approval. The contractor shall provide all temporary drains, air vents, plugs, caps, and thrust restraint as needed for testing of the water mains. VALVES FOR WATER MAINS Materials Section 7 -12.2 shall be supplemented by the following: CON 2016 -05 Page 7 Rev. 4/8/2015 All valves and fittings shall be ductile iron with ANSI flanges or mechanical joint ends. All existing valves are to be operated only by City employees. Valves shall open counterclockwise and shall be equipped with a 2 -inch square AWWA standard operating nut. Valves shall be installed in accordance with APWA /WSDOT 7 -12. a. Gate valves shall conform with the requirements of AWWA C509 -09 for gate valves for ordinary water works service, except as superseded by the following: They shall be iron body with epoxy coating inside and out, resilient seat rubber attached to gate. The valves shall be non - rising stem, open by turning counterclockwise, and shall be equipped with standard 2 -inch square operating nuts unless otherwise shown. Valves shall be equipped with double "0- ring" packing. Valves to be Mueller, M &H Kennedy, Clow R/W or Waterous Series 500. b. Butterfly valves shall conform to AWWA C504, Class 1508, Pratt Groundhog, Dresser 450, Mueller Lineseal III, or approved equal. Butterfly valves shall be used on all lines 14 inches and larger. Megalugs shall be installed at all mechanical joint ends. C. Valve Boxes shall be cast iron valve boxes, Olympic Foundry VB2B, VB2C, RICH 940A, 940B or equal. Valve box "ears" shall be installed on valve box lids in line with the main or hydrant lead. d. Air /vacuum relief valves (ARV) shall be 2 -inch APCO combination air relief valve as shown on the City Standard Drawings. The installation shall be set at the high point of the line when required. Where possible, pipes are to be graded to prevent the need for an air relief valve. SERVICE CONNECTIONS Section 7 -15.1 shall be supplemented by the following: 7 -15.1 General Work in this section includes the connection of existing services to the new water main, as directed by the City. Materials Section 7 -15.2 is supplemented with the following: For 1" Water Service: A. Water service lines shall be one inch high density polyethylene pipe, copper tube size, minimum pressure class 200 psi Phillips Drisco 5100 Ultra -Line. No glued joints will be accepted on 1" service lines. 1.5" and 2" PVC services may be glued. Service lines shall be installed 45 degrees off the main. Tracer tape and wire wrapped around the pipe shall be installed on all HDPE service lines. B. Service saddles shall be painted ductile iron or nylon coated ductile iron with stainless steel straps and shall be Romac style 101S on 1" tap, 202S on 1.5" or larger tap. Romac 202N Rockwell 313 or approved equal will be required for hot or corrosive soils. All clamps shall have rubber gasket and iron pipe threaded outlets. C. Corporation stops shall be all bronze and shall be Ford Type F -500 or approved equal with iron pipe threads conforming to AWWA C800. Stainless steel inserts shall be used with pack joints and polyethylene pipe. D. 1" meter setters shall be Ford VH74 -12 (Male swivel end) with Mid States Plastics MSBCF- 1324 -18 meter box and MSCBC- 1324 -R lid. E. 3" diameter schedule 80 PVC service sleeves shall be installed for all street crossings of 1" service lines. The service sleeve shall extend from as near as is practical to the main to outside the existing curb line. Fittings for Ductile Iron Pipe Section 9- 30.2(1) is supplemented with the following: Transition couplings for connecting ductile iron pipe to existing asbestos concrete (AC) pipe shall be bolted, sleeve -type couplings conforming to the requirements of Section 9- 30.2(7). Transition couplings for connecting ductile iron pipe (DIP) to existing concrete cylinder pipe (CCP) shall be bolted, sleeve -type couplings conforming to the requirements of Section 9- 30.2(7). Couplings connecting DIP and CCP shall be furnished with an insulating boot. CON 2016 -05 Page 8 Rev. 4/8/2015 Mechanical joint (MJ) transition sleeves for joining ductile iron pipe to existing cast iron pipe shall conform to the requirements of AWWA C153. Measure diameter of existing cast iron pipe and provide transition gaskets if required. Couplings 1. Bolted, sleeve -type coupling, in accordance with AWWA C219. 2. Coupling linings for use in potable water systems shall be in conformance with NSF 61. 3. Couplings shall be rated for appropriate operating pressure and hydrostatic test pressure. 4. Buried, bolted, sleeve -type couplings shall be lined and coated with fusion- bonded epoxy in accordance with AWWA C213 or liquid epoxy in accordance with AWWA C210 and shall be wrapped with petroleum wax tape in accordance with AWWA C217. Restrained Joints Section 9- 30.2(6) is supplemented with the following: Where the Drawings show Megalugs, other products incorporating mechanical wedge action type joints may be substituted if approved by the Owner. 3.0 Drawings: The following listed drawings are part of this contract: Not Drawn to Scale CON 2016 -05 Page 9 Rev. 4/8/2015 City of Port Angeles ATTACHMENT "B" Engineering Office Public Works and Utilities Department INSURANCE 360- 417 -4541 INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS 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 - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 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 CON 2016 -05 Page 10 Rev. 4/8/2015 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. CON 2016 -05 Page 11 Rev. 4/8/2015 City of Port Angeles ATTACHMENT "C" Engineering Office Public Works and Utilities Department PERFORMANCE BOND 360- 417 -4541 & RETAINAGE PERFORMANCE BOND to City of Port Angeles or Clallam County, WA Bond No. The City of Port Angeles or Clallam County, Washington, has awarded to (Principal), a contract for the construction of the project designated as 11"' and Cedar Street Water Main Repair, Project No. CON 2016 -05, 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 or Clallam County in the sum of US Dollars ($ ) Total Contract Amount, subject to the provisions herein. This statutory perfonnance 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 terns 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 terns 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 teens of the Contract or the work performed. The Surety agrees that modifications and changes to the teens 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 signatme Printed Name Title Date Surety signature Printed Name Title Name, address, and telephone of local office /agent of Surety Company is: Date CON 2016 -05 Page 12 Rev. 4/8/2015 PAYMENT BOND to City of Port Angeles or Clallam County, WA Bond No. The City of Port Angeles or Clallam County, Washington, has awarded to (Principal), a contract for the construction of the project designated as 11t" and Cedar Street Water Main Repair Project No. CON 2016- 05 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 terins 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 Surety Signature Date Printed Name Printed Name Title Name, address, and telephone of local office /agent of Surety Company is: CON 2016 -05 Page 13 Rev. 4/8/2015 ESCROW AGREEMENT for RETAINED PERCENTAGE 11111 and Cedar Street Water Main Repair Ito] THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, in accordance with chapter 60.28 of the Revised Code of Washington. It is limited to FDIC insured Washington State Chartered Banks who are covered by the State of Washington Public Deposit Protection Act. The undersigned, , (as "Contractor "), has directed the CITY OF PORT ANGELES (as "City "), to deliver to you its warrants which shall be payable to you and/or the contractor The warrants are to be held and disposed of by you in accordance with the following instruction: INSTRUCTIONS 1. Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection. You shall use the monies to purchase investments selected by the Contractor and approved by the City. You may follow the last written direction received by you from the Contractor, for each purchase, provided the direction otherwise conforms with this agreement. Acceptable investments are: A. Bills, certificates, notes or bonds of the United States; B. Other obligations of the United States or its agencies; C. Obligations of any corporation wholly owned by the Government of the United States; D. Indebtedness of the Federal National Mortgage Association; E. Time deposits in commercial banks; F. Other investments, except stocks, selected by the Contractor, subject to express prior written consent of the City. 2. The investments shall be in a form which allows you alone to reconvert them into money if you are required to do so by the City. 3. The investments must mature on or prior to the date set for the completion of the contract, including extension there of or thirty (30) days following the final acceptance of the work. 4. When interest on the investments accrues and is paid, you shall collect the interest and forward it to the Contractor unless otherwise directed by the Contractor. 5. You are not authorized to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies derived from the sale of such investments, or the negotiation of the City's warrants) except in accordance with the written instructions from the City. Compliance with such instructions shall relieve you of any further liability related thereto. Escrow No.: City of Port Angeles Contract No Completion Date: CON 2016 -05 6. In the event the City orders you, in writing, to reconvert the investments and return all monies, you shall do so within thirty (30) days of receipt of the order. 7. The Contractor agrees to compensate you for your services in accordance with your current published schedule of applicable escrow fees. Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any monies placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the investments and monies held hereunder, whereupon you shall be entitled to reimburse yourself from such monies for the entire amount of your fee. 8. This agreement shall not be binding until signed by both parties and accepted by you. 9. This document contains the entire agreement between you, the Contractor, and the City, with respect to this Escrow, and you are not a party to, nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. CONTRACTOR Federal Tax I.D. No. By: Title: Address: DATE: CITY OF PORT ANGELES By: Title: DATE: THE ABOVE ESCROW AGREEMENT RECEIVED AND ACCEPTED on the day of 20. BANK By: Title: Address: DISTRIBUTION: City Clerk Contractor Financial Institution File Copy CON 2016 -05 Page 14 Rev. 4/8/2015 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4541 REQUEST FOR INFORMATION (RFI) FORM PROJECT N PROJECT /CONTRACT NUMBER: ORIGINATOR: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION /REQUEST: DATE REPLY REQUESTED: ORIGINATOR SIGNATURE: COMMENTS: ATTAC H M E NT "D" FORMS Owner 1 ' Contractor CRITICAL TO SCHEDULE: -] YES L NO 1 MEN 0a I.j W /►[1 M-ff Qi CON 2016 -05 Page 15 Rev. 8 /30/2011 v0AT,4 (+ N cis Project Name Contractor CONTRACT CHANGE ORDER (CCO) NO. Date Project No. DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: 1. Describe work here 2. Additional work, etc.... 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: Item No. Description RFI # TOTAL CHANGE ORDERS, INCLUDING THIS ONE Qty. Unit S Cost Per Unit S Cost Net S Cost Adj. Days I PUBLIC WORKS & UTILITIES DIRECTOR Orig. DAYS: XX DAYS: YY DAYS: ZZ DAYS: XX +ZZ -YY DAYS: YY +ZZ Rev. 2 Orig. Rev. ORIGINAL CONTRACT CURRENT CONTRACT EST. NET CHANGE THIS CHANGE ORDER TOTAL CHANGE ORDERS, INCLUDING THIS ONE EST. CONTRACT AFTER THIS CHANGE ORDER CITY ENGINEER CONTRACTOR PUBLIC WORKS & UTILITIES DIRECTOR DAYS: XX DAYS: YY DAYS: ZZ DAYS: XX +ZZ -YY DAYS: YY +ZZ w Amount with applicable sales tax included All work, materials and measurements to be in accordance witli 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 proiect. APPROVED BY: SIGNATURE: DATE: PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS & UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE: CON 2016 -05 Page 16 Rev. 8/30/2011 CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT PROJECT NO. Page 1 of 2 TO: City of Port Angeles DATE: Public Works & Utilities Department 2 P.O. Box 1150 $ Port Angeles, WA 98362 Adjusted Contract Amount [1 +2] 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 tertns 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 CON 2016 -05 Page 17 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 perfonnance 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 SUBSCRIBED AND SWORN to before me this day of , 20 Project Manager City Engineer Notary Public in and for the State of residing at My appointment expires Date Date CON 2016 -05 Page 18 Rev. 8/30/2011 PROJECT NO.: 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. WO1 G'Sl •C ADDRESS: AUTHORIZED OFFICIAL: DATE: CON 2016 -05 Page 19 Rev. 8/30/2011 JORDAN EXC'AVA'TING INC MACHINERY RENTAL RATES -Effective 5/1/2011 TR11C'KS: New Rates Dump Truck - Soto $110.00 Dumla Truck - Truck & 'frailer $122.50 Mater Truck w/ 4000 gallon tank Shop Truck {Daily Rate Does not include Driver ) $86.63 $40.00 EXCAVATORS: Komatsu 300,225 hp c /w2 yd bucket $160.13 Kobelco 200, 140 hp diesel W] c.y bucket & thumb $128.63 CAT 315, 110 hp diesel W.75 c.y. bucket thumb $118.13 CAT 308, mini $99.75 CAT 320 45` Long Reach 145hp Icy. bucket $$99.75 T3ACKt -tOES: CAT 42.6 -=120 4 wvhcel drive $86.63 LOADERS: 950 Cat Front end Loader, 3.5 vd bucket $86 63 DOZERS: DEERE; 550, 8.5 hp, 6 -moray blade $86.63 V ER: John Deere 770, 190 hp, '14' blade $107.63 ROLLERS: John Deere 577, 72" Drover $81.38 MISCELLANEOUS Mobilization - Minimum Cost $262,50 Notes Equipment and truck rentals include operator Rentals include fuel and are insured Attachment E - Pagel Weighted Wage Rates Base FICA Rate L & I FUTA 0.60% operators SUTA Wage Tota I Operators /Pipe Laying 10.56 Straight Time 37.35 13.99% OT 56.03 DT 74.70 18.00 Operators /Excavation $62.48 13.99% Straight Time 3735 1.76 OT 56.03 10.45 DT 74.70 $105.05 Operators /Septic Tank Inst 5.23 18.00 Straight Time 37.35 OT 56.03 1.76 DT 74.70 10.45 Dump Truck Drivers 1.76 $105.05 Straight Time 37.35 18.00 OT 56.03 13.991, DT 74.70 1.76 Mai ntence /Mechanic /Yard 13.99% 10.45 Straight Time 37.35 $105.05 OT 56.03 18.00 DT 74.70 13ses General Laborer 18.00 1.76 Straight Time 32.47 10.45 OT 48.71 $105.05 DT 64.94 18.00 Company: Jordan Excavating, Inc. A< 2/22/2016 Union Increase on June 1, 2017 Attachment E - Page2 7.65% Fringe L & I Weighted 0.60% operators 18 Wage 5.74% Laborer 10.56 Rate 13.99% 1:i.SSI 5.23 18.00 1.76 $62.48 13.99% 7.84 18.00 1.76 $83.76 13.93, 10.45 18.00 1.76 $105.05 53.93% 5.23 18.00 1.76 $62.48 7.84 18.00 1.76 $83.76 13.99;% 10.45 18.00 1.76 $105.05 13.9G2'% 5.23 18.00 1.76 $62.48 13.991, 7.84 18.00 1.76 $83.76 13.99% 10.45 18.00 1.76 $105.05 13.99 5.23 18.00 1.76 $62.48 13ses 7.84 18.00 1.76 $83.76 13.99?6 10.45 18.00 1.76 $105.05 13.e9ss 5.23 18.00 1.76 $62.48 13.991% 7.84 18.00 1.76 $83.76 13.91%, 10.45 18.00 1.76 $105.05 13.99q 4.54 9.52 1.76 $48.43 13.9ao 6.81 9.52 1.76 $66.94 13.93 9.09 9.52 1.76 $85.45 Attachment E - Page2