HomeMy WebLinkAbout4.548 Original Contract
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City of Port ales
Pubhc Works & UtlhtIes Dept
OperatIOns Office
1703 South B Street
Port Angeles W A 98362
Tel' 360-417-4541
Fax: 360-452-4972
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MAINTENANCE SERVICES
D Request for Quotation
~ Contract
Contract Title: Carve Black Locust. City Hall, Project Number: PK-07-012
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND Roughcut Creations ("CONTRACTOR").
1. WORK BY CONTRACTOR
The Contractor shall perform the work described in the Scope of work, which is attached hereto as Attachment
A and by this reference is incorporated herein.
2. TERM OF CONTRACT
A. The term of this Contract shall be 30 days from date of award.
B. Prior to the expiration of the term of this Contract or any renewals or extensions thereof the City may, in its
sole discretion, renew the Contract for _ additional term(s) of _ year(s) upon the same terms and
conditions.
3. PAYMENT
A. The City shall pay the Contractor for such services (check one):
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r8J Other: $50.00 firm-fixed-price for "Base" (insurance coverage): $2.500 firm-fixed-price for
"Option" as specified in Attachment A.
Hourly: $_ per hour, but not more than a total of $_.
Fixed sum: A total amount of: $_, to be paid per invoice schedule.
B. The Contractor shall maintain time and expense records, report them to the City monthly and shall submit
invoices to the City monthly for payment for work performed to the date of the invoice. 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 inspection by
representatives of the City for a period of three (3) years after final payment. Copies shall be made available to
the City upon request.
E. If during the course of the Contract, the work performed does not meet the requirements set forth in the
Contract, the Contractor shall correct or modify the work to comply with the Contract requirements and the City
shall have the right to withhold payment for such work until it meets the requirements of the Contract.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. The 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. The
Contractor shall erect and properly maintain at all time, as required by the conditions and progress of the work,
all necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Warranty. The Contractor shall be responsible for correcting any deficiencies and for completing all the work as
described in Attachment A. Where deficiencies or failure to appear or perform would cause delay or lack of
service to the City, the City may elect to recover liquidated damages as specified in Attachment A.
Contract: PK -07 -012
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C. Nondiscrimination/Equal Protection. The 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, religion,
creed, color, national origin, marital status, gender, 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. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Contractor setting forth the provisions of this nondiscrimination clause.
D. 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 a consequence of any negligent act or
omission of the part of the Contractor's employees, while so engaged in any of the work or services provided for
or rendered herein, shall be the obligation of the Contractor and not of the City
5. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local regulations and ordinances applicable to the
work to be 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. The City may terminate this Contract and take possession of the premises and finish the work by whatever
methods it may deem expedient, by giving 10 days written notice to the Contractor.
B. In the event this Contract is terminated by the City, the 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, the Contractor and its 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 (30) 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. The Contractor,
upon making application for final payment, shall be deemed to have waived its right to claim for any other
damages for which a claim has not been made, unless such application for final payment includes notice of
additional claim and fully describes such claim.
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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. HOLD HARMLESS
A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting
from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the
City only, any immunity that would otherwise be available against such claims under the industrial insurance
provision of Title 51 RCW. In the event the City obtains any judgment or award, and/or incurs any cost arising
therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable form the Contractor.
B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting
from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any
immunity that would otherwise be available against such claims under the industrial insurance provision of Title
51 RCW. In the event the Contractor obtains any judgment or award, and/or incurs any cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable form the City.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
Contract: PK -07 -012
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.EXTENT OF CONTRACT IMODIFICATA
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.
IN WITNESS WHEREOF, the parties have executed this Contract as of Mt..I'C~ O{, 2007.
CONTRACTOR
CITY OF PORT ANGELES
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Purchase Order #: q 050
COPA Attorney contract form review: 2/22/07
Contract: PK-07-012
Page 4
Rev 2/15/2007
City of Port Angeles
Operations Office
Public Works and Utilities Department
360-417-4541
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ATTACHMENT A
SERVICES & COMPENSATION
1. The Services
1.1 General Description
Scope of Work: Carve black locust tree stumps located on the east side of the Port
Angeles City Hall. Tree stumps before carving are approximately 12 feet in height
measured vertically from the ground.
Base Contract:
a. Carve one of four tree stumps into "chainsaw art."
b. Selection of the composition of the art and which stump will be made by the
carver.
c. Art composition must conform to appropriate taste for public exhibit and not
displaying disparaging, offensive, or obscene representations.
d. Carver may discreetly mark the carving or have a small marker placed nearby that
identifies the artist, company, and year or other appropriate designation as approved
by the City.
e. The City will be responsible for any landscaping requirements for the site. Choice
of landscaping is at the sole discretion of the City.
f. The safety and cleanliness of the worksite must be maintained at all times for both
the Carver and the public. At the request of the Carver, the City can provide barriers
or trash recepticles. Request should be made to the Assistant Superintendent of
Parks Maintenance who can be reached at 360-417-4566.
g. The City will not be responsible for the security of the Carver's tools or
equipment.
h. Work must be performed during normal working hours, 8:00 a.m. to 5:00 p.m.
Monday through Friday excluding holidays. Work outside of these hours is at the
sole discretion of the Assistant Superintendent of Parks Maintenance who can be
reached at 360-417-4566.
i. Work performed on this first carving will be at no cost to the City.
Option: The following option may be exercised by mutual agreement of the City and
Contractor and following the completion of the first carving. This option will be
made by written notification to the Contractor.
Contract: PK-07-012
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a. Carve the three remaining stumps into "chainsaw art."
b. Work will conform to paragraphs "b" through "h" of the base contract.
1.2 Term of Contract
Contractor will begin providing services on or about March 5. 2007, or upon contract execution
(signature of both parties), whichever is later, and will complete services on April 30. 2007,
however, contractor shall not initiate, or otherwise begin work on any services covered by this
agreement until notification to proceed is provided by the City's designated personnel, as identified
below.
1.3 Deliverable Items
Base: One chainsaw art carved statue from a black locust stump.
Option: Three chainsaw art carved statues from three black locust stumps.
1.4 Designated Personnel
Contractor's main point of contact at the City will be Michael Puntenney or Corey Delikat , or such
other personnel as City may designate from time to time.
2. Compensation
2.1 Amount and Basis
Contractor will submit an invoice to City for Services performed and reimbursable expenses. The
invoice will be in a form and content reasonably acceptable to City and will describe (a) the
Services performed; (b) the number of hours expended performing the Services; and (c) any
reimbursable expenses. Contractor will furnish such receipts, documents and other supporting
materials as City reasonably may request to verify the contents of any invoice.
Contract: PK -07 -012
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City of Port Angeles
Operations Office
Public Works and Utilities Department
360-417 -4541
ATTACHMENT B
INSURANCE
Insurance Requirements:
The Contractor shall procure and maintain for the duration of the Contract, 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. Failure by the
Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the
City may, after giving five working 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,
off set against funds due the Contractor from the City.
1. Minimum Scope of Insurance
The Contractor shall obtain insurance of the types described below:
a. 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.
b. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop gap liability, independent contractors, products-
completed operations, 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. 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 1001 or substitute endorsements providing equivalent coverage.
c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
2. Minimum Amounts of Insurance
The Contractor shall maintain the following insurance limits:
. .J! a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
vr 1'(} damage of $1,000,000 per accident.
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b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance.
Contract: PK-07-012
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a. The Contractor's in.nce coverage shall be primary insural as respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the
Contractor's insurance and shall not contribute with it.
b. The Contractor's insurance shall not be cancelled or reduced as to coverage by either party, except
after forty-five (45) days prior written notice by certified mail, return receipt requested, has been
given to the City.
4. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VI.
5. Verification of Coverage
The 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 Automobile
Liability and Commercial General Liability insurance of the Contractor before commencement of the work.
Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements
related to this project.
6. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools,
Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the
Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures,
scaffolding and protective fences.
7. Waiver of Subrogation
The Contractor and the City waive all rights against each other, any of their Subcontractors, Subcontractors,
agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by
Builders Risk insurance or other property insurance obtain pursuant to the Insurance Requirements Section of
this Contract or other property insurance applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
Contract: PK -07 -012
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CONTRACT CHANGE ORDER (CCO) NO. 001
Project Name: Carve Black Locust, City Hall
Date: March 28. 2007
Contractor: Rouahcut Creations
Project No.: PK-07-012
DESCRIPTION OF WORK
You are ordered to perform the work with the following described changes upon receipt of an approved copy
of this Change Order:
1. Change paragraph 3 for Payment to read:
Other: $50.00 firm-fixed-price for "Base" (insurance coveraae); $1.250 firm-fixed-orice for
"Ootion" as specified in Attachment A.
2. Change Attachment A, paragraph a under "Option" to read:
Carve the single remaining stump into "chainsaw art."
3. Change Attachment A, paragraph 1.3 Deliverable Items, subparagraph Options to read:
Option: One additional chainsaw art carved statue from one black locust stumps.
ORIGINAL CURRENT EST. NET CHANGE TOTAL CHANGE ORDERS, EST. CONTRACT AFTER
CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER
$2,550 with $1,300 with
Ootlon Ootion $-1 ,250 $-1,250 $1,300
DAYS: 30 DAYS 30 DAYS: 0 DAYS: 0 DAYS: 30
* Amount with applicable sales tax included
All work, materials and measurements to be in accordance with the provisions of the original contract and/or the standard specifications
and special provIsions for the type of construction mvolved. 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 herem, includmg
delays to the overall proJect.
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APPROVED,BY:
,SIGNATURE:
CONTRACTOR
DEPUTY DIRECTOR OF OPERATIONS
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PW 407_04 Part04 [Revised 5/27/04]
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WAS H I N G TON,
U. S. A.
Public Works & Utilities Department
March 29,2007
Eric Berson
Roughcut Creations Chainsaw Carvings
102 Holly Hill Road
Port Angeles, W A 98363
SUBJECT: Contract PK-07-012, Carve Black Locust Trees - City Hall; exercise of
Option
Dear Mr.Berson:
I am hereby exercising the Option ofthe subject contract. The City appreciates your
continued participation in this very artistic project.
Sincerely,
Date: 3 /1).8/0/
From: Eric Berson, Roughcut Creations
To: City of Port Angeles, Michael Puntenney
In accordance with the contract, I mutually agree to the exercise ofthe Option.
5~L-' 1\- h_______~
Eric Berson
Roughcut Creations
',< Y, , Phone: 360-417-4805 / Fax: 360-417-4542
Website: www.cityofpa.us / Email: publicworks@cltyofpa.us
321 East Fifth Street - P.O. Box 1150/ Port Angeles, WA 98362-0217
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