HomeMy WebLinkAbout4.490 Original Contract
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PUBLIC WORKS
CONTRACT
This Contract is made and entered into in duplicate this ~ ~ day of J\?R... \ L ,2005 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 Western Waterproofing 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 ofthe 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:
2005 Industrial Water Line Repairs
Project 04-08
in accordance with and as described in this Contract and the project manual, which include the
attached plans, specifications, special conditions, bid proposal, and the Standard Specifications
for Road, Bridge, and Municipal Construction prepared by the Washington State Department of
Transportation, as may be specifically modified in the attached specifications and/or special
conditions, hereinafter referred to as "the standard specifications", 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.
Time is ofthe essence in the performance of this Contract and in adhering to the time frames
specified herein. The Contractor shall commence work on Monday, May 14, afte~tice to
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proceed from the City has been issued, and said work shall be physically completed by Thursday,
Mtty 17. Further restrictions on the hours of work are detailed in the Specifications.
MAY' 5
3. Compensation and Method of Payment.
A. The City shall pay the Contractor for work performed under this Contract as
detailed in the bid proposal, as incorporated in the project manual.
B. Payments for work provided hereunder shall be made following the performance
of such work, 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. Payments for any alterations in or additions to the work provided under this
Contract will only be made with the prior approval of the Project Engineer.
D. The Contractor shall submit a payment request with a completed Application for
Payment form, an example of which will be given to the Contractor at the pre-
construction conference. 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 under the
Contract provisions. 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.
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
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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 ofthe 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 lawsuits, 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. It is further provided that no liability
shall attach to the City by reason of entering into this Contract, except as
expressly provided herein.
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 Contractors 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 ofthe 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
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leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 0001 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 0001 and shall cover liability arising from premises,
operations, 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
2503 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 11 85 or a substitute
endorsement providing equivalent coverage.
111. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
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, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit.
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
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.
11. The Contractor's insurance shall be endorsed to state that coverage shall
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not be canceled by either party, except after thirty (30) 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 insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
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.
C. The Contractor shall comply with all legal and permitting requirements as set
forth in the proj ect 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.
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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.
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This Contract shall be administered by -~ Ot LL~__u on behalf of the Contractor and
by Stephen Sperr. Utility Engineer on behalf of the City. Any written notices required by
the terms of this Contract shall be served or mailed to the following addresses:
Contractor:
Western Waterproofing
1100 SW 16th Street
Renton, W A 98055
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.
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CONTRACTOR:
Western Waterproofing Co, Inc.
Name of Contractor
BY:~,
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Title: 6~ ~
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CITY OF PORT ANGELES:
By:
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City Mana
ApYrtd as to F~
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City Attorney
Attest:
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City k
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APPENDIX A
Schedule of Charges
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City of Port Angeles
INDUSTRIAL WATERLINE REPAIR
Western Waterproofing
April 21, 2005
Western WateroroofinQ Bid
Est. Unit Total
Item Description Otv. Unit* Price* Price
1 Preconstruction Meetina 1 EA 900.00 $900.00
2 Protection, Restoratino & Cleanup 1 LS 200.00 $200.00
3 Mobilization 720 MI 0.58 $417.60
4 Ferrv Passaae 4 EA 30.00 $120.00
5 Foreman - Straiaht Time, Mob, Eauioment, & Shutdown 24 HR 85.00 $2,040.00
6 Foreman- Overtime 30 HR 127.50 $3,825.00
7 Finisher- Straiaht Time 48 HR 82.00 $3,936.00
8 Finisher- Overtime 60 HR 123.00 $7,380.00
9 Liahts & Batteries, hook uo to 12V Batterv - 2 Iiohts & Batter Charaer 2 LD 175.00 $350.00
10 Roto Drill & Bits 1 LS 850.00 $850.00
11 Cart 1 EA 200.00 $200.00
12 Wateroluo WateroroofinQ 6 PAIL 85.00 $510.00
13 Hvdroohilic Grout 35 GAL 108.00 $3,780.00
14 Radios 1 LS 230.00 $230.00
15 Cement Grout 8 BAG 45.00 $360.00
16 Cement Hand Grout Pump 2 EA 155.00 $310.00
17 Sundries, Emeroencv Flashlioht, Camera 1 LS 450.00 $450.00
18 Hotel/Subsistence 16 DAYS 116.00 $1,856.00
19 Gas Monitor 3 DAYS 94.00 $282.00
20 5' Min Pack w/ Mask 4 masks for 5 davs each 20 DAYS 188.00 $3,760.00
21 Suoervision/Rescue Person 54 HR 75.00 $4,050.00
22 Caulkina Gun (bulk loaders) 2 EA 100.00 $200.00
23 Generator-5000 5 DAYS 105.00 $525.00
24 4'x8' Trailer
1 LS
310.00 $310.00
$36,841.60
$3,057.85
$39,899.45
Subtotal:
8.3% Tax:
Total:
.1
The Western Group RTC2JCOI65D6564-TIL-04 10/1104 - 1011105
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED - (Section II) is amended to
include any person or organization you are required to
include as an additional insured on this policy by a
written contract or written agreement in effect during
this policy period and signed and executed by you prior
to the loss for which coverage is sought. The person or
organization does not qualify as an additional insured
with respect to the independent acts or omissions of
such person or organization. The person or organization
is only an additional insured with respect to liability
caused by "your work" for that additional insured.
2. The insurance provided to the additional insured is
liri1ited as follows:
a) In the event that the limits of liability stated in the
policy exceed the limits of liability required by a
written contract or written agreement in effect during
this policy period and signed and executed by you
prior to the loss for which coverage is sought, the
insurance provided by this endorsement shall be
limited to the limits of liability required by such
contract or agreement. This endorsement shall not
increase the limits stated in Section III - LIMITS OF
INSURANCE.
b) The insurance provided to the additional insured
does not apply to "bodily injury", "property
damage", "personal injury" or "advertising injury"
arising out of an architect's, engineer's or surveyor's
rendering of or failure to render any professional
services including:
I. The preparing, approving or failing to prepare or
approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders, or drawings
and specifications; and
II. Supervisory or inspection activities performed
as part of any related architectural or
engineering activities.
c) This insurance does not apply to "bodily injury" or
"property damage" caused by "your work" included
in the "products-completed operations hazard"
unless you are required to provide such coverage
for the additional insured by a written contract or
written agreement in effect during this policy period
and signed and executed by you prior to the loss for
which coverage is sought and then only for the
period of time required by such contract or
agreement and in no event beyond the expiration
date of the policy.
CG D2 46 10 02
3. Subpart (1 )(a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily Injury and Property
Damage Liability Coverage (Section I - Coverages)
does not apply to you if the "bodily injury" or "property
damage" arises out of "your work" performed on
premises which are owned or rented by the additional
insured at the time "your work" is performed.
4. Any coverage provided by this endorsement to an
additional insured shall be eXcess over any other valid
and collectible insurance available to the additional
insured whether primary, excess, contingent or on any
other basis unless a written contract or written
agreement in effect during this policy period and signed
and executed by you prior to the loss for which coverage
is sought specifically requires that this insurance apply
on a primary or non-contributory basis. When this
insurance is primary and there is other insurance
available to the additional insured from any source, we
will share with that other insurance by the method
described in the policy.
5. As a condition of coverage, each additional insured
must:
a) Give us prompt written notice of any "occurrence"
or offense which may result in a claim and prompt
written notice of "suit".
b) Immediately forward all legal papers to us,
cooperate in the investigation or settlement of the
claim or defense against the "suit," and otherwise
comply with policy conditions.
c) Tender the defense and indemnity of any claim or
"suit" to any other insurer which also insures
against a loss we cover under this endorsement.
This includes, but is not limited to, any insurer
which has issued a policy of insurance in which the
additional insured qualifies as an insured. For
purposes of this requirement, the term "insures
against" refers to any self-insurance and to any
insurer which issued a policy of insurance that may
provide coverage for the loss, regardless of whether
the additional insured has actually requested that
the insurer provide the additional insured with a
defense and/or indemnity under that policy of
insurance.
d) Agree to make available any other insurance that
the additional insured has for a loss we cover under
this endorsement.
Copyright, The Travelers Indemnity Company, 2002
Page 1 of 1
INSURANCE ADDENDUM
Indicating Insurance Carried by
Western Waterproofing Company, Inc.
and incorporated into its Contract with
City of Port Angeles, Washington ("C~stomer")
Western Waterproofing Company, Inc. ("Contractor") maintains, and shall maintain, Insurance coverage substantially as outlined
below, throughout the life of the project which is the subject of the Proposal, Bid, Contract or Subcontract to which this Addendum is
attached ("Project"). Any contract or subcontract entered into IS qualified to include this coverage, exclusIve of any other Insurance
requirements
Workers Compensation coverage is maintained in all states where Contractor operates, including the state in which the
project which is the subject of this proposal or bid is located. Employer's Liability coverage is also included with limits up
to $1,000,000.
Carrier: Travelers Property Casualty Company of America (except in monopolistic states: NO, OH, WA, WV, WY)
General Liability coverage is written on a special contractor's ISO COMMERCIAL GENERAL LIABILITY FORM CG
0001 1001 which includes the following:
Carner Travelers Property Casualty Company of America
COVERAGES
POLICY
LIMITS
$4,000,000
4,000,000
2,000,000
2,000,000
300,000
5,000
.
Bodily InjUry
Broad Form Property Damage
Premises/Operations
Products/Completed Operations
Contractual Liability
Medical Payments
Fire Damage Legal Liability
Personal and Advertising Injury
Independent Contractor's Liability
Coverage for Explosion, Collapse, and Underground
Separation of Insureds/Severability of Interest
General Aggregate €a
Products Comp/op Aggregate
Personal and Adv. Injury
Each Occurrence
Fire Damage (Anyone fire)
Medical Exp. (Anyone person)
.
.
.
.
.
.
.
.
.
.
e General Aggregate applies per
project.
The General Liability Policy contains an exclusion for Claims arising in whole or in part out of the presence of fungi or
bacteria in a building or structure.
Additional Insured. Contractor will provide additional insured coverage to the Customer named above, but only for vicarious liability
arising out of the acts or omissions of Contractor, its employees and subcontractors, in connection with its ongoing operations at the
project site. Travelers Endorsement No. CG 02 461002 will apply.
Automobile Liability coverage is carried in all states consistent with or greater than statutory requirements.
Carrier: Travelers Property Casualty Company of America (In Texas, Travelers Indemnity of Connecticut)
Combined Single limit. $2,000,000
A 30 day notice of cancellation provision is included under our policies.
Coverage and Limits will be certified on a standard form Certificate of Insurance issued to Customer upon Execution of Contract.
Revised 10/01/04
..
Contractor's insurance program is written on a nationwide basis for all its locations, and not on an individual
project basis. Any requests for deviations from standard coverage must be requested in writing, prior to
Contract execution. Contractor reserves the right to increase its price to cover additional insurance requests.
Revised 10/01/04
..
CHANGES TO CONTRACT
BETWEEN
CITY OF PORT ANGELES, WASHINGTON
AND
WESTERN WATERPROOFING COMPANY, INC.
FOR THE WORK AT
Industrial Waterline Repair, Project No. 05-08
The Contract dated April 29, 2005 is changed as follows:
Paraaraph 7.a.ii. In line 10 before the words "insured under" insert: "additional". At the end of
the Paragraph insert: "Notwithstanding anything in this agreement to the contrary, aU
insurance shall be provided by Contractor through its national insurance program outlined
on the attached Insurance Addendum. Additional insured coverage shall be provided only
by the Blanket Additional Insured Endorsement fonn CG 02 46 10 02, a copy of which is
attached to the Insurance Addendum. Further, Stop Gap Uability is covered in
Contractor's Workers Compensation policy rather than its General Uability Policy"
Paraaraph 7.c.ii. In line 3 delete "certifiedft.
City of Port Angeles
Western Waterproofing Company, Inc.
By: ~WK-~BY: ~~f
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