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HomeMy WebLinkAbout4.539 Original Contract / </.53C1 PUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate this 27th day of November, 2006, by and between the City of Port Angeles, a non-charter code city of the State of Washington, hereinafter referred to as "the City", and Olympic Electric Company, Inc., a Washington Corporation, hereinafter referred to as "the Contractor". WITNESSETH: Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: ~- 1. Scope of Work. The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: CITY HALL STANDBY POWER REVISIONS PROJECT 06-41 in accordance with and as described in this Contract and the Project Manual, which include the attached plans and scope of work, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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, except as may otherwise be provided in the Project Manual. 2. Time for Performance and Liquidated Damages. a. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor shall commence work within 10 working days of Notice to Proceed, and said work shall be physically completed within 120 working days after commencing work, unless a different time frame is expressly provided in writing by the City. b. If said work is not completed within the time for physical completion, the PW-407 _10 [rev 5/12/06] Small Works Roster Project Manual Page 4 of 10 Contractor may be required at the City's sole discretion to pay to the City liquidated damages of $100 for each and every day said work remains uncompleted after the expiration of the specified time. 3. Compensation and Method ofPavment. a. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, at the completion of work and submission of a detailed InVOIce. b. Payments for any alterations in or additions to the work provided under this Contract shall be on a negotiated time and materials basis. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailing Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor & Industries, as set forth in Chapter 39.12 RCW and Chapter 296-127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and/or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor & Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. a. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and 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. PW-407 _10 [rev. 5/12/06] Small Works Roster Project Manual Page 5 of 10 b. 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 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 Contract. 7. Insurance. 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. a. Minimum Scope of Insurance The 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. 11. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 Oland 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 PW-407 _10 [rev. 5/12/06] Small Works Roster Project Manual Page 6 of 10 insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 Oland Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 111. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. IV. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for floor and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. b. Minimum Amounts of Insurance The 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. 11. 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. 111. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. c. 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. 1. The Contractor's insurance coverage shall be primary insurance 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. PW-407 _10 [rev. 5/12/06] Small Works Roster Project Manual Page 7 of 10 11. 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. d. 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 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. f. 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. g. 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. 8. Compliance with Laws. a. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. b. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. PW-407 _10 [rev 5/12/06] Small Works Roster Project Manual Page 8 of 10 ... c. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 9. Non-discrimination. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam 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 nondiscriminatory 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. 10. Assignment. a. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City, nor shall the Contractor subcontract any part of the services to be performed hereunder without first obtaining the consent of the City. b. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. 11. Contract Administration. This Contract shall be administered by Charles Burkhardt on behalf of the Contractor, and by Terry Dahlquist, Electrical Engineering Manager, on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: PW-407 _10 [rev 5/12/06] Small Works Roster Project Manual Page 9 of 10 .. Contractor: Olympic Electric Co., Inc. 4230 Tumwater Truck Rt. Port Angeles, W A 98363 City: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, W A 98362-0217 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR: CITY OF PORT ANGELES: Olympic Electric Co., Inc. Name of Contractor By: I!~~ ~CiU..U ,- I/cl'JI' City Manager s: By: ~ 7 ~ ~ { Title: !-t t--f (du r Attest: ~~(p~fY. 11~k c~ ~ G.\Legal_Backup\AGREEMENTS&CONTRACTS\PUB WORKS\0407 _10 Small Works Roster Project Manual 051206 DOC . I , , " ,', " . PW-407 _10 [rev 5/12/06] Small Works Roster Project Manual Page 10 of 10