HomeMy WebLinkAbout001051 Original Contract0< +, -j_F��� City of Port Angeles
Public Works & Utilities Dept
Engineering
321 E. 5" Street
Port Angeles, WA 98362
p�fr11,6R`�� Tel: 360- 417 -4541
Fax: 360 -417 -4709
City of Port Angeles
Record # 001051
LIMITED PUBLIC WORKS PROCESS
Contract Title: Cla -Val Valves Repair and Maintenance
❑ Request for Quotation
® Contract
Project Number: CON- 2016 -04
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
( "CITY ") AND CASCADE WATER SYSTEMS ( "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 10 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City.
® 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 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: $6,829.20
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 as are mentioned in the
specifications to be furnished by the City of Port Angeles.
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.
Project # CON - 2016 -04 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. 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.
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
Project # CON - 2016 -04 Page 2 Rev. 4/8/2015
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. INDEMINIFICATION / 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
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
Project # CON - 2016 -04 Page 3 Rev. 4/8/2015
waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
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. Contractor 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 Contractor or a failure to include in Contractor'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:
https•/ /fortress wa gov /Ini /wagelookup/p agelookup aspxx
https•/ /fortress wa gov / Ini / wagelookup /ApprenticeWageLookup aspx
The applicable wage determinations to use have an effective date on the bid due date.
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
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 to 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
Project # CON - 2016 -04 Page 4 Rev. 4/8/2015
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
A. 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.
B. 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:
• Industrial insurance coverage for the subcontractor's employees working in Washington as required
in Title 51 RCW;
• An employment security department number as required in Tile 50 RCW; and
• A state excise tax registration number as required in Tile 82 RCW;
• An electrical contractor license, if required by Chapter 19.28 RCW;
• 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).
Project # CON - 2016 -04 Page 5 Rev. 4/8/2015
�,L"C L i Y E
QUOTATION FORM (TIII ,f
Project Title: Cla -Val Valves Repair and Maintenance Project Numb2�l,"0�M 2: 59
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 Items
Bid Item 1- Servicing: Lump Sum:
00
Bid Item 2 — Complete Rebuild Lump Sum:"'
Subtotal: $_ _6',
Sales Tax (8.4 %) $
Total Bid $��
The bidder hereby acknowledges that it has received Addenda No(s). �r7
(Enter "NIA" if none were issued) to this Request for Quotation package.
3. 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:
1. Company Name:
2. Address:
3. City, State, Zip Code:
4. Phone Number:
S. Contractor Registration Number:
6. UBT Number:
7. WA State Industrial insurance Account Number:
8. WA State Employment Security Dept Number:
9. State Excise Tax Registration Number:
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The bidder represents that It Is quallfied and possesses sufficient skills and the necessary capabilities to perform
the services set forth in this Contract.
Signed by
Title BA 5, ye rt1 0 :5or°-""
Printed Name: Gtr
Date
Project: CON - 2016 -04 Page 3 Rov 8/30/2011
IN WITNESS WHEREOF, the parties have executed this Contract as the date of the last signature affixed below.
CASCADE WATER SYSTEMS
By: -...
Printed Name:�lCCv7�c�o
Title: F � QA
Date:
Address: �Q. %'--DcCC )co
City : C�&cw t rL,
Tax ID #: V 3 -1 -2J 6 9yc.(
Phone Number:3
CITY OF PORT ANGELES
By:
Printed Name: Oalqle4 mcicee-n
Title: 01)-J
Date: 1 1-1 1 E
Project # CON - 2016 -04 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.
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 5:00 PM, Monday through
Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer.
Permits: None
1.0 Project Description
Bid Item 1: Servicing Cla -Val Valves
General Description: Servicing of Cla -Val Valves located at Jones Street Reservoir and at Del Guzzi Drive.
Specifications: Servicing shall consist of cleaning all strainers in the main valve, exercising the valves, and
checking the calibration to insure Cla -Val valves are properly functioning per the manufacture's specifications.
The City shall supply all equipment, two City staff members with knowledge of the water system, and complete
any documentation required for confined space entry. Additionally, the City shall provide any necessary traffic
control revisions for work in the right -of -way.
Servicing Parts and Locations:
Below is a list of Cla -Val valves requiring servicing:
3" model # 90G -01AS
Del Guzzi @ Motel 8 (S. of Hwy 101)
8" model # 90G -01AB
16" model #92G -01B
Jones Street Reservoir
Bid Item 2: Complete Rebuild
General Description: Complete Rebuild and Maintenance of Cla -Val Valves located at Jones Street Reservoir
and Del Guzzi Drive.
Specifications: Complete rebuild /replacement of all rubber parts in the main valve and pilot systems with
factory repair kits. Cleaning of cover and seating chambers, cleaning of all screens, filters, all speed controls, and
cleaning of restriction fittings. Repair has to be in accordance with manufacture's original specifications. The City
shall supply the Cla -Val factory repair kits.
Service Parts and Locations:
Perform complete rebuild, which shall consist of replacement of all rubber parts in main valve and pilot systems
with factory repair kits, cleaning of cover and seating chambers, cleaning of all screens, filters, all speed controls,
and cleaning of restriction fittings, on the following:
3" model # 90G -01AS
Del Guzzi & Lindberg Rd
8" model #90G -01AB
16" model #92G -01B
Jones Street Reservoir
Project # CON - 2016 -04 Page 7 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
Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting,
electrical work, plumbing, movers, and on site maintenance agreements.
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
perfonnance 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:
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 11 85 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:
Project # CON - 2016 -04 Page 8 Rev. 4/8/2015
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.
City of Port Angeles
Project # CON - 2016 -04 Page 9 Rev. 4/8/2015
Engineering Office
Public Works and Utilities Department
360- 417 -4541
Cascade Water Systems' quote attached:
ATTACHMENT "C"
QUOTE RECEIVED
Project # CON - 2016 -04 Page 10 Rev. 4/8/2015