Loading...
HomeMy WebLinkAbout4.593 Original Contract v </.5 q-3 City of Port Angeles Public Works & Utilities Dept. Operations Office 1703 South B Street Port Angeles W A 98362 Tel' 360-417-4541 Fax: 360-452-4972 LIMITED PUBLIC WORKS PROCESS D Request for Quotation [gI Contract Contract Title: Pavement Repair Project Number: ST-08-016. THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ("CITY") AND Lakeside Industries Inc {"CONTRACTOR"). 1. WORK BY CONTRACTOR 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. TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): D All work under this Contract is to be completed by this date: ----'- [gI All work under this Contract is to be completed 30 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. D The performance period under this Contract commences _ calendar days after contract award and ends _ calendar days after contract award. 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): D Time and material, not to exceed: $_ D Time and actual expenses incurred, not to exceed: $ D Unit prices set forth in the Contractor's bid or quote, not to exceed: $ [gI Firm Fixed Price set forth in Contractor bid or quote in the amount of: $ 31.608.80 The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A". 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 and every part thereof; except as are mentioned in the specifications to be furnished by the City of Port Angeles. B. The Contractor shall maintain time and expense records, which may be requested by the City. The contractor shall submit invoices to the City 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 pertaining 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. E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Project ST -08-016 Page 1 Rev. 08/07/2008 Contract, the Contractor shall correct or modify 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. RESPONSIBILITY 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 expense. 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 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 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. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of anyone or more of the events hereafter specified. Project ST -08-016 Page 2 Rev. 08/07/2008 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 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, 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. 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 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 describes such claim. 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 Project ST-08-016 Page 3 Rev. 08/07/2008 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 ROO. 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 from the City. 11. INSURANCE The Contractor shall maintain insurance as set forth in Attachment B. 12. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries. It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services rendered, Contractor shall submit an "Affidavit of Wages Paid". For a contract award or an on-call contract work order 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 available from the City of Port Angeles Public Works and Utilities Department. 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. 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 to 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. Project ST-08-016 Page 4 Rev 08/07/2008 16. 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. 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 IMODIFICAnON 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 RESPONSIBILITY A. 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. B. At the time of subcontract execution, the Contractor shall verify 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: . Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 ROO; . An employment security department number as required in Tile 50 RCW; and . A state excise tax registration number as required in Tile 82 RCW; . An electrical contractor license, if required by Chapter 19.28 RCW; . An elevator contract license, if required by Chapter 70.87 RCW. - Not be disqualified from bidding on any public works contract under ROO 39.06.010 or 39.12.065(3). Project ST-08-016 Page 5 Rev 08/07/2008 IN WITNESS WHEREOF, the parties have executed this Contract as of ~gf- . J:J... ,2008. I CONTRACTOR CITY OF PORT ANGELES By: {' ~~ ~~ Printed Name: G-e~ ~a. \xJr Tille: j71(,t,4t~ Address: J. O. (60'f.. 125 City: -.1b(+ ~t.l.(s Tax ID #: "0 I t 0 ~ ~ 1 Phone Number: 3"0. 4~ 2 -7903 By: ~~ Printed Name: Gary Braun Title: Mayor. City of Port Angeles Purchase Order #: 012319 , , \ Project ST-08-016 Page 6 Rev. 08/07/2008 City of Port Angeles Operations Office Public Works and Utilities Department 360-417 -4541 ATTACHMENT "A" WORK BY CONTRACTOR The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work. General Scope: Asphalt repair for two street locations Location: Project 1 - Airport Corners Project 2 - Race St. and Lauridsen Blvd. (bridge approach) Site Point of Contact: Assistant Superintendent Eric Wheatley at 360-417-4825. Work Hours and Schedule: The contractor will be allowed to work from 7:00 AM to 5:00 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the Parks/Streets Assistant Superintendent. Since traffic control and some preparation work will be performed by City staff (see work requirements), the two projects cannot occur at the same time. The Contractor shall provide the Parks/Streets Assistant Superintendent a schedule, seven calendar days in advance of commencement of work on each of these projects. Any deviations from the established schedule shall be coordinated through and subject to the approval of the Parks/Streets Assistant Superintendent. Work Requirements: This contract provides for the improvement to two locations, by placing hot mix asphalt and other work in accordance with the details provided below. This contract incorporates the Washington State Department of Transportation's 2008 Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications. Project 1: Airport Corners 1. The City of Port Angeles will provide all traffic control devices and personnel for traffic control. 2. There will be two areas at the Airport Corners location. Area 1: approximately 13' X 132' X 3" minimum compacted depth Area 2: approximately 14' X 240' X 3" minimum compacted depth 3. The areas will be prepared and made ready for asphalt by City personnel. Area 1 will be done and completed in its entirety before work will begin on Area 2. Project ST-08-016 Page 7 Rev. 08/07/2008 4. The minimum compacted depth of asphalt patch areas shall be 3 inches. The contractor shall provide 1/2 inch Hot Mix Asphalt (HMA) to be used. The contractor will be responsible for tacking the edges of the patch with CSS-1 before paving and for sealing the edges of the patch after paving with AR 4000. Project 2 - Race St. and Lauridsen Blvd (east bridge approach) 1. The City of Port Angeles will provide all traffic control devices and personnel for traffic control. 2. Area to be removed and patched by contractor will be marked in white paint. (see note below) Bridge approach is 27 feet wide. From the bridge approach 26 feet out, to the East Width at 26 feet out is approximately 45 feet wide. 3. The contractor will remove by grinding or saw cut/excavate a minimum of 6" of existing asphalt. The contractor shall replace the minimum depth of 6" with 1/2 inch Hot Mix Asphalt (HMA) following the pre-existing elevations, placed and compacted in two equal lifts. 4. The contractor will be responsible for tacking the edges of the patch with CSS-1 before paving and for sealing the edges of the patch after paving with AR 4000. The following pictures depict Project 1 and Project 2. (areas shown are approximate; actual will be marked by City staff.) Project ST-08-016 Page 8 Rev. 08/0712008 Project 1: Airport Corners Project 2 - Race St. and Lauridsen Blvd (east bridge approach) Project ST-08-016 Page 9 Rev. 08/07/2008 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 Liability 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 10 01 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: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. 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. 3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Project ST-08-016 08/07/2008 Page 10 Rev. . ' Liability and Commercial General Liability insurance. a. 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. 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. Project ST-08-016 08/07/2008 Page 11 Rev . ~ City of Port Angeles Operations Office Public Works and Utilities Department 360-417-4541 ATTACHMENT "C" PREVAILING WAGE RATES See attached listing: 1. Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, effective 03/02/2008 2. Washington State Prevailing Wage Rates For Public Works Contracts - Apprentices, Clallam County, effective 03-02-2008 Project ST-08-016 08/07/2008 Page 12 Rev.