The URL can be used to link to this page

Home My WebLink About4.564 Original Contract <I. 5~<I CONTRACT THIS CONTRACT, is made thisa day of ~{i .sI:2007, by and between the City of Port Angeles, Washington, hereinafter called "City", a Assured Quality Environmental, Inc. 2702 "A" Street Tacoma, WA 98402 253-572-7175 hereinafter called "Contractor". IN CONSIDERATION ofthe payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows: 1. SCOPE OF SERVICES. a. The Contractor shall remove all asbestos tile and particle board at 709 S. Valley Street. b. The Contractor shall obtain and pay for the following: . Purchase of Air Pollution Permit . Notification Fees . Landfill Fees . Remove carpet and set aside . Remove and dispose of the asbestos c. When the asbestos is removed and disposed, the Contractor shall provide the City with a Certification of Removal. If additional work is necessary, the Contractor shall inform the City and upon written approval from an authorized City official shall perform the additional work. d. The work will consist of the following elements: . Include Disposal of ACM. . All work will be strictly performed per EP A, WISHA, & OSHA Standards. . Power & Water to be provided by the Owner. . Air monitoring by contractor. 2. PAYMENT. The City shall pay the Contractor in an amount whicli shall not exceed $1900.00 plus applicable taxes. Payment within thirty (30) days of final acceptance of work by the City. Prior written approval from an authorized official of the City shall be required for payment to the Contractor for any additional work. 3. TIME OF PERFORMANCE. The Contractor shall begin ong-~.D;and complete work by N \PROJECTS\02-15 8th St Bndges\Award\709 Valley House Remove\Asbestos Remove Contract doc (j-7 , 2007, unless I such time for performance is extended in writing by the City, upon good cause shown. 4. INDEPENDENT CONTRACTOR STATUS. The relation created by this contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent Contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for the payment of all federal, state and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, industrial insurance, and income tax. 6. HOLD HARMLESS AND INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, law suits, or expenses including attorney's fees, arising out of or in connection with the performance of this contract except for injuries and damages caused by the sole negligence ofthe City. Should a court of competent jurisdiction determine that this contract 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 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 contract. 7. INSURANCE. The Contractor shall maintain a commercial general liability insurance policy written on an occurrence basis by a company licensed to write insurance coverage within the State of Washington with limits no less than $500,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad-form property damage; and underground if applicable, The Contractor shall also maintain an automobile liability insurance with limits no less than $1,000.000 combined single limit per accident for bodily injury and property damage. The Contractor shall maintain an Asbestos Liability Insurance for Two Million ($2,000,000) Dollars. Any payment of deductible or self insurance retention shall be the sole responsibility of the Contractor. The City shall also be named as an additional insured on the insurance policies, as N \PROJECTS\02-15 8th St Bndges\Award\709 Valley House Remove\Asbestos Remove Contract doc 2 required by this section and as respects work performed by or on behalf of the Contractor, and a copy of the endorsement naming the City as an additional insured shall be attached to the certificate of insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) days prior written knowledge of any cancellation, suspension, or material change in coverage. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought. 8. APPLICABLE LAW. This contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 9. AMENDMENT. No amendment to this contract shall be binding or enforceable unless it is made in writing and executed by a duly authorized representative of each party. 10. NON-DISCRIMINATION. The parties shall conduct their business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Viet Nam era veteran status, disabled veteran condition, physical or mental handicap, or national origin; 'and, in particular: " , a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 11. WAGE RATE FORMS. Before payment is made by the City of any sums due under this contract, the City must receive from the Contractor and each subcontractor a copy of "Statement of Intent to Pay Prevailing Wages" (L & I Form Number F700-029-000) approved by the Washington State Department of Labor and Industries. Upon completion of this contract, the City must receive from the Contractor and each subcontractor a copy of "Affidavit of Wages Paid" (L & I Form Number F700-007-000) approved by the State Department of Labor and Industries. In addition, the City must receive from the Contractor a copy of "Request For Release" (L & I Form Number F263-083-000) approved by the State Department of Labor and Industries. These affidavits will be required before any funds retained according to the provisions of RCW 60.28.010 are released to the Contractor. Forms may be obtained from the Department of Labor and Industries. A fee per N'\PROJECTS\02-15 8th St Bndges\Award\709 Valley House Remove\Asbestos Remove Contract doc 3 each "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor and Industries. The Contractor is responsible for payment of these fees and shall make all applications directly to the Department of Labor and Industries. These fees shall be incidental to all the items of this contract. If using the occupation code for wage affidavits and payrolls, and if the project involves more than one jurisdictional area, the Contractor shall reference the area just after the occupation code number. For example: 10-0010 YaK.E. 12. ENTIRE CONTRACT. The parties agree that this contract is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. DATED: ~'(I-O) CITY OF PORT ANGELES BY:~~ . Title:~I'Tt ~e.7~~I,""Lv"It\(JJ.;~ Up,-, T1~ ~/1-"l//07 CONTRACTOR DATED: ATTEST: b~]>~. ..{)d--~ Becky J. n, y Clerk' . \' N \PROJECTS\02-15 8th St Bndges\Award\709 Valley House Remove\Asbestos Remove Contract doc 4 ThIs map IS not tntended to be used as a legal descnptJon TIllS map/drawmg IS produced by the CIty of Port Angeles for ItS own use and purposes Any other use of thIs mLlp/drawmg shall not be the responsIbIlity of the CIty Vertu:al Datum = NA VD 88 Homontal Datum = NAD 83/9 6 N 240 I I Feet Legend' Water, WWater and ( 17us map IS not mtended to be used as a legal descnptlOn 111ls map/drawmg IS produced by the CIty of Port Angeles for Its own use and purposes Any other use of thIs map/drawmg shall not be the responsIbIlIty of the CIty Verheal Datwn ~ NAVD 88 Honzontai Datum = NAD 83/9 ~ N 30 I I Feet Legend . Water, WWater and ( .....r.............Vl.-,I"oIl u"-', ~ r, "'-VV I 08/17/2007 17:24 21365298376 INSURANCE SOLUTIONS PAGE 132/02 ACORD.. CERTIFICATE OF LIABILITY INSURANCE Q~ 10 i:~ D6~ IMM/CCI'I'YT'I') AsslJR.-l QS/17/07 PROJ;lUCER TIolIS CEif:l:TIFlCATE IS ISSUED AS A MATTER Of INFORMATION ~ks Howsrd OtolL Y AND CON".1tS NO RIGHTS UPON THE CERTIFICATe Ineuran~a so~ut~ons HOL.DER. THIS CERTIFICA~ DOES NOT AM;ND. E,l(TENt) OR 10501 Auro~ Ava N AL TE~ THrt COVERAGE AFFO~DED BY TtlE POL-IeIES aELOW. Sea~tl@ ~ 99133 Phone: 206-529-0162 F~;206-&29-0376 INSURERS AFP'ORDING COVERAGE "Ale f INSUFll!O ., IN:lURSl ^, HudSQ~ SpQ~a1~y 1:n8. Co. - Ass~red Qualt~ 1!ln'9'i~onmental li'I!l.IR!!!R B ,- - ~ ~n~ ronm@ni- I Inc. 1bI51JQE.~ c: ~7C2 $. A ~re8t INSul'lER D aaoma 10. 9B402 - INSuRER E: Tt-/! POLICies OF INsURANCe LISTED "IlLOW IOlI,vli 6EEl"Il&sI,lEO '7'0 THE I~$URED N"'Me~ AllOW; FOR TlofiO ~LICY Ii'6RIOD INDICATED, NOTWrTHsTA.NOING flN"l ""OUIRSMfNT. TERti OR CONDmON OF ANT CiONTRACT OR g"l'I'll!:R occuMS/ol'l' WITH RESF'ECl '!'O WHICH TI-II& CERTl?lOAf& "'Nt ell rGGUED OR w-v PEm'AIN, T1~g fNSUItANr,;1i ^F1'''"l;leO ev,,/~IO POLICies C~SCRIBEO HERIOIN 1$ !l1JIlJECTTC ...LL ytlE TERMS. EllCLUSlONS AIIlO CONDITION!! a~ loueN POLICIES AGI3Ral3~TE LIMJT8 6HQWt-J MI.'" HIl."E ~1:1.I1C6lJUC:~ In' l)AID OLAiM$. '~;:R 'NSIU ~'''MllXll'n'l ~. TYPE 01" l....WIAJICi I'OI.lC1' NUIoIllER OILT. illl"',Dl:UYT1 1-1Mr1'~ (IJ~.!ltlll.''''''\.tIY EACIol O=URRC:NCIO , 2000000 ~. FEcel1.1!5S4 03/15/07 03/15/08 p~~~~ ,(I'!a =uY*nC8J i. 50'000 A .!.. OMM!!RC,^L GeNeRA~ LlAIllLllY .'- CLAIMS MIIbe ~ OCCUR MEO el(P eM, OM I"'~~ S 5000 - ~ ~uti.on ~CG111554 03/15/07 03/15/09 LERSON"'\''' AO'" llolJUI'W . 2000000 K.. ASBESTOS ABA'XEMEN Gl!!N~ML .\GGREGATE 1: 2000000 ~L .r.GGg~iLf'Ill'T A8AiII ~~ PRODlIcn - coMP/01' AGG $2000000_ POLICY x ~o,: LOg AUTQI/IClI!llL! LIMlI\ol'TT ?,;OMBIUI:D ~"(\L5 UMIT - ;;a occId"nt) $ f- AIf'f "'U1'O - ,- ALL OWNED AUTQlI BODILY INJlIJ:lY $ 5CI-IEDULIi~ 1l.\J'OI;i (Per pa~o~l -" --- HIRED AUTOS 1l0DILY~tJRY S - (I'f!r accl 1'f1l) tolOIol..:5WlolI;D AJJT05 - -- - - PRO~ C~W.~E S (POI llOddAJIt$ GAftRGlii ljAl!llI'N AUTO ONL'l' . EA ....:eIOENT , ==i NN AUTO ~ - OTl-l;R THA.N ~ t AUTO Ol'll T. ,\,aG $ ~Sll/IJ"8RELlA L1AIIIUT'f EACH OCCURRENoe ~ tJ OCClJR 0 CLAIMS PMD~ ~~<JAn; . ~-- s R ~ucmBLe $ RET'aI"TTON , ;a WORl<EJ:IS COIlPEMlI.L'nOII A.1ItI ]JORV L1M,ft.Lxluir -- A 6MPJ..OYllJIS' Ul\~ nCt)111654 03/15/07 03/15/08 E.L EAC~/ ACCIOENT ~QOOOO._ ANYP~PR~O~P4~N~~XECU~VE .- oFFICI!"""EM,,en elICLU!:lI!!C" E L DISEASl;: - EA eMPLOYE~ $ 1000000 I ~". doocr1b' ~n"DI" '10 L DI9&.et! - pcutv I.IMlT S 1000000 l!CIAL PROVISIONS bOIOW trTH6~ \ OSacMl8T1OOO "I'" Cf'l!'''''I'1CICI1 LCC\A"OIlS plJ:UI"LIIlS I E:rCUJl!lIONS ~ODI!D W-I5Ii(lcPSEIlIENl I ePECI"~ PROYISICNs Ci ty of Porot An~lQ:a is additional namQd inaurad for the foll-owing pro,Jlilct; 709 S. Valley :5'1:. . in po:rt: Ang@l.es, WA gS362 CERTII=1CA TE HOLDER coveRAG~ c~ty of Port AngQles PO ;Box 1150 Port Angele~ W~ gS362 CANCEU-ATIOM SHOULD II\ICY or 111El Aaoy~ DESCRIBEO POLICU!S Be c:.o.lfeI!~~.Q seelllil! THE E;(PIRATION DAte TH~Ol". Tl-le 11l&IJIMG INSlJRER Wl.L a1D~"QR 'TQ ...110. e!L.- g......IMlttn'l!i. llIO'TI~ ~o TH'" ~T1PICttoTI "O,,~ '"-"MEt! TQ THE ~PT. iliff FAI1..URIi 1'Cl 00 &0 sl'l.ALL IIlIPOSE NO tlSl.$TION OR IJAl!IlUTT OF AN'!' lelND tJl'ON THE IIlSUFllllII. mI AlIeNffi 01\ }heMe). Sows ~CORCI ZS (io'!QCl1J08) E0!E0 38'v'd Al Il'v'nO G3ClnSS'v' 02:I2IP5LLE92: 91:8121 LI2I02:!02:!8121 ~ KC~~lV~ ~~/lIIL~~1 lj:L~ ..08/17/2~07 13:20 ~4.! 360_W,6A~,1L.. ORCAA L::Jj ( I ::N~L~ A::'~ QUALITY A::J::JUKl:.V \.ll\.JA\....J.IY 141001 PAGE: B1/e1 D:lIt:: fuiri~ Amooad<:d; 0 COUIplClI('I1!: 0, D:lrl! AwllC;1rl~m. .:ct:l'-OO RECEIVE AltIrIm.!: (J $500 4~J1AJJIlI)12007 ORCAA .A... 4- B- iQg Insp:.:l'Dr Namtt: ...~ -=i ~~ru J:Ullp(7jliD 1~/1IirlUDaUfilUrN."" "/tOIim , . F. PtaHlitil)Q JmQr:m.lftD~ DCllKlhlidMu. (:~~r. Go AslJ~ l'r'Gj~ ID:& tion: No, of SJIn<:.[!.If~~; 5r:ur T~ :Fire l1.i.n Fire Depl ~ deA."litj6A ~QQ!roell'r beje'-.....,/ " DatI:': Ordered De.tnQJiti.9l:l. liItlUch eo ~- or Orden ' l'hw__, .............'--~"'''''',J'''''''''},.t.Jl<<</I .rr"'-lEl><--""_<fYntkptrrmlrlVr-r I .-..., I ~, QfStm..~: (EisJe tJac:i .it ~ 1) \ iJdwr; "Wi 'clna 'perjQQ -'&_-->1"-''''-'''' , ~. ""1 'I. 2. ., :1. ..L_ S. 6,' 1 s. 9. a. NO. ~'n- ~~b DJl.tt "'"'"is'~ l........~~ E0/2:0 39\7d Al Il\7nEl a3~nSS\7 0z:0t'6LLE92: 91:80 L002:/02:/80