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HomeMy WebLinkAbout001157 Original ContractCity of Port Angeles Record #001157City of Port Angeles Public works & Utilities Depr Engineering Office 321 E. Fifth Street Port Angeles WA 98362 Tel:360-417-4541 Fax 3604174709 OVERHEAD RECONDUCTORING SMALL WORI(S ROSTER trx -: Contract l-itle:Overhead uctorino ProjectNumberi CL06-2015 Tracking Number: CON-2016-31 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES. WASHINGTON ("cTY") AND CHRTSTENSON ELECTRIC INC ("CONTtuAgrOR). 1. WORK BY COilTRACTOR 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. TERIII OF CONTRACT All work under this Contract is to be completed as indicated (check one): X Al work under this Contract is to be completed by this date: December 306. 2015. All work under this Contract is to be completed lQ 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 _. ForcE Account -'l-ime and material, not to exceed: $- Force Account -'l-ime and actual expenses incurred, not to exceed: $- Force Account - Unit prices set forth in the Contractor's bid or quote, not to exceed: $- Flrm Fixed Price set forth in contractor bid or quote in the amount of: $l-22888.1 :! The Crntractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described an the Attachment "A". The Contractor shall provide and bear the exp€nse 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 Cify 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 p€rtaining 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. trtrx Project CL0&2016 Page 1 Rev.9/08/2016 Request for Bid Contract 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): 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 modiry 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, RESPOilSIBIUW 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 exp€nse. 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 seruices required by the C.ontractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERiIINATIO]II OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. Project CL0&2016 Page 2 Rev. 9/08/2016 B. The City may terminate the Contract and take possession of the premises and all materials thereon and flnish 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 wor& 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, OWilERSHIP 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, reporb, 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 wriften 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 dexribes such claim. 9, GENERAL AD]IIINISTRATION AI{D ITIANAGEM ENT The Director of the Public Work and Utilities Department or his/her designee shall have primary responsibility for the Cify 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. II{DEMNIFICATION / 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 Contract, except for injuries and damages caused by the sole negligence of the city. B. Should a court of competent juridiction determine that this Contract is subiect to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification, This waiver Project CL0&2016 Page 3 Rev. 9/08/2016 has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 5olo will then be applicable to this contract. The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal Form, Performance and Payment Bond forms, and Escrow Agreement for Retained Percentage form are available from the Engineering Omce of Public works & Utilities (Telephone 360-417-454L). Performance and Payment Bond 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 Bonds within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the forms 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. PREVAILII{G 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 work project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen and Apprentices can be found at: https: //fortress.wa.oov/lni/waoelookup/prvWaoelookup.aspx https: //fortress.wa.oov/lni/waoelookup/ApprenticewageLookup.aspx 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. Project C10G2016 Page 4 11. INSURANCE BONDS, & RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. The applicable wage determinations to use are those effective 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 availabb from the City of Port Angeles Public Works and Utilities Department. Rev. 9/08/2016 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 inspection and to approval by the City. Any rejection of goods, services, worl! or materials resulting because of nonconformity to the terms and sp€cifications of this order, whether held by the city or returned, will be at Contractor's risk and expense. 16. SUBLETENG OR ASSIGNING OF CONTRACTS Neither the City oor 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 RESPONSIBIUTY 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 veriff 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 'l-itle 51 RCW; 2) An employment security department number as required in'l-ile 50 RCW; and 3) A state excise tax registration number as required in Tle 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCw; 5) An elevator contract license, if required by Chapter 70.87 RCw. - Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3) 20, COMPENSATION AND METHOD OF PAYMENT. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract. Project CL06-2016 Rev. 9/08/2016Page 5 B. Payments for work provided hereunder shall be made following the performance of such worlg 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 Contract. 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 WfrNESS WHEREOF, the parties have executed this Contract, effective and binding as ofthe date the last signature is affixed to it. CHRISTENSON ELECTRIC INC CITY OF PORT ANGELES By L-n(?^*^ Printed Name: Address:/ Taor NFSao 4. City:P".*lany' O( 47azo ?5- a5o4 / 75= iVz 4r? szoo (5on o Rhror*- .r-ire: Vicc Pr.ci/r"l ,+,r+:*, /r/arc,rnber 2t 20/b ta 1 APPROVED AS TO FORM: BY: CTFY ATTORNEY ATTEST: Phone Number: n c Project CL06-20'16 BY: K Rev.9/08/2016 By: printdNamet {Lzm"el mJtectr dar Date: Cit Date: Tax ID #: Page 6