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HomeMy WebLinkAbout4.623N Original Contract " . 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 o Request for Quotation i:8J Contract Contract Title: Vern Burton Caroet Reolacement, PrOject Number: PK-07-032 THIS CONTRACT IS entered Into the date last below wntten between the CITY OF PORT ANGELES, WASHINGTON ("CITY") AND N'West Intenor Deslon Center ("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): o All work under this Contract IS to be completed by this date' _ i:8J All work under this Contract IS to be completed 30 days from the Notice to Proceed No work IS to be performed pnor to wntten Notice to Proceed by the City. o 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): o Time and material, not to exceed $_ o Time and actual expenses Incurred, not to exceed: $ o Umt pnces set forth In the Contractor's bid or quote, not to exceed $_ i:8J Firm Fixed Price set forth In Contractor bid or quote In the amount of: $7009 68 The Contractor shall do all work and furnish all tools, matenals, and equipment, In accordance With and as descnbed 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 pertalmng to thiS Contract are to be kept available for inspections by representatives of the City for a penod of three (3) years after final payment. Copies shall be made available to the City upon request. Project PK-07-032 Page 1 Rev 2/16/2007 E. If dunng the course of the Co.ct, the work rendered does not meet the tUlrements set forth In the Contract, the Contractor shall correct or modify the required work to comply with the requirements of thiS Contract. The City shall have the nght 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 warmng against known or unusual hazards. B. Correction of Defects. Contractor shall be responsible for correcting all defects In workmanship and/or matenals 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 matenals 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 matenals and labor expended by the City In making emergency repairs and cost of englneenng, 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 matenals or procedures are not specified In the Contract Document, the City Will rely on the profeSSional Judgment of the Contractor to make appropnate selections. D NondlSCnmlnatlon/Affirmatlve 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 ongln, manta I 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 anse 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. COMPUANCE 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 matenal 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 descnbed In Attachment "A" and final payment by the City PrOject PK-07-032 Page 2 Rev 2116/2007 1:'. 'The City may terminate the Collct and take possession of the premises a.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. 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 falls to complete the work required herein. 4. Contractor falls 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. Project PK-07-032 Page 3 Rev 2/16/2007 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, anslng 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 Industnallnsurance provIsion of Title 51 RON In the event the City obtains any judgment or award, and/or Incurs any cost anslng 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, anslng 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 Industnallnsurance provISion of Title 51 RON In the event the Contractor obtains any judgment or award, and/or Incurs any cost anslng 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. PREVAIUNG WAGE This Contract IS subject to the requirements of Chapter 39 12 RON, 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 Industnal Statistician of the Department of Labor and Industnes 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 Pnor 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 Industnes 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 RON 39 12.040(2), the contractor or subcontractor IS authonzed 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 Industnes and available from the City of Port Angeles Public Works and Utilities Department In case any dispute anses 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 Industnes, 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 Project PK-07-032 Page 4 Rev 2/16/2007 . . 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 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 16. SUBLETTlNG 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/MODIFICATION 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 ~t. {",,.. 3 , 2007. I~ Printed Name: (V( (. ~.J f l ( I' .e LA Title: J:d.p "J ~ D, r ,_<-t"" "-\ By: CONTRACTOR By ~ t1111Jf- Printed Name. JVV\\\~ \\lV\c.~ Title oth 1.1'.... W\l\V\~1'{ Address 15.1 (Xl ':3 \'\Wj \ aI Clty:~i IV' Tax ID #: -.l1- I~O JjO?4- " Phone Number: ,~O - "YI-7t 11 Purchase Order #: 010090 Project PK-07-032 Page 5 Rev 2/16/2007 . . , 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. 1) Safely secure work zone from public. 2.) Remove approximately 1,950 sq. ft. of eXisting carpet and properly dispose of. 3.) Replace area With new carpet made of Nylon In the Entryway, Hallway and the Conference Room In the Vern Burton. 4) Carpet must be similar In color and must be approved by the project manager before Installing. The Contractor's pOint of contact for the work IS Corey Dellkat, who can be reached at 360-417-4566 or 360- 912-0216. 5) Location: Carpet Replacement IS located inSide of the Vern Burton at City Hall. (See draWing). PrOject PK-07-032 Page 6 Rev 211612007 . . . Project PK-07-032 Page 7 Rev 2/16/2007 . . Hallway carpet that needs replaced. I ... L.~ I PrOject PK-07-032 Page 8 Rev 2/16/2007 . . Subcontractor Responsibility: 1.) The Contractor shall mclude the language of this section m each of Its first tier subcontracts, and shall require each of Its subcontractors to mclude substantially the same language of this section In each of their subcontracts, adjusting only as necessary the terms used for the contractmg parties. The reqUirements of thiS section apply to all subcontractors regardless of tier. 2.) At the time of subcontract execution, the Contractor shall verify that each of Its first tier subcontractors meets the followmg bidder responsibility criteria: - At the time of subcontract bid submittal, have a certificate of registration m compliance with chapter 1827 RCW, Have a current state Unified busmess Identifier number, If applicable, have . Industrial msurance coverage for the subcontractor's employees workmg In Washmgton as required m Tille 51 RCW, . An employment security department number as required m Tile 50 RCW, and . A state excise tax registration number as required m 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 RCW 39 06 010 or 39 12 065(3) Project PK-07-032 Page 9 Rev 2/16/2007 . . ,. City of Port Angeles Operations Office Public Works and Utilities Department 360-417-4541 ATTACHMENTB INSURANCE Insurance Requirements: The Contractor shall procure and maintain for the duration of the Contract, Insurance against claims for InJunes to persons or damage to property which may anse 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 matenal 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 descnbed below' a. Automobile lIabllltv Insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be wntten 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 Llabllltv Insurance shall be wntten on ISO occurrence form CG 00 01 and shall cover liability anslng 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 anslng 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' Comoensatlon coverage as required by the Industnal Insurance laws of the State of Washington. 2. MInimum Amounts of Insurance The Contractor shall maintain the follOWing Insurance limits. a Automobile lIabllltv Insurance With a minimum combined Single limit for bodily injury and property damage of $1,000,000 per aCCident b. CommerCial Generalllabllltv Insurance shall be wntten 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. PrOject PK-07-032 Page 10 Rev 2/16/2007 ..' Other Insurance ProvIsions . . The Insurance policies are to contain, or be endorsed to contain, the followmg provIsions for Automobile Liability and Commercial General liability msurance a. The Contractor's msurance coverage shall be primary msurance as respect to the City. Any msurance, self-msurance, or Insurance pool coverage mamtamed by the City shall be m 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 mall, return receipt requested, has been given to the City 4 Acceptability of Insurers Insurance IS to be placed With msurers With a current A.M. Best rating of not less than A VI 5 Verification of Coverage The Contractor shall furmsh the City With Original certificates and a copy of the amendatory endorsements, mcludmg but not necessarily limited to the additional msured endorsement, eVldencmg the Automobile Liability and Commercial General Liability msurance 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 msurance policy that Includes all applicable conditions, exclUSions, defimtlons, 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, machmery, 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, scaffoldmg and protective fences 7 Waiver of Subrogation The Contractor and the City waive all rights agamst 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 msurance or other property msurance 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 PK-07-032 Page 11 Rev 2116/2007 . . ATTACHMENT "C" PREVAILING WAGE RATES . City of Port Angeles Operations Office Public Works and Utilities Department 360-417-4541 . See attached hstmg Washmgton State Prevailmg Wage Rates For Pubhc Works Contracts, Clallam County, effectIve 08-31-07 2 Washmgton State Prevalhng Wage Rates For Pubhc Works Contracts - ApprentIces, Clallam County, effectIve 08-31-07 PrOject PK-07-032 Page 12 Rev 2116/2007 . 'FROM. . FAX NO. .3606817297 . 'p. 04 2007 11.10AM P2 QUOTATION FORM 1".1~"'8'i1A TI81 Rl 8.81 \J ('f"V'o i?..,Io"" (4vrd- R<".pl'lcl!'......-<+ PK.o7-()32 ~h~' I:5Idder hereby bids the fOllowing amounts f~; all wor1< ('I~~ludlng labor, 'equipment, I1me and matenals) reqUired to perform the work in the Statement of Wor1< and thiS p.a.<:'<age _ 1. Lump Sum $ b, ('}bb,/.!''l 2 Sales Tax (8 4%) $ 9-\'3.H? 3 lotal Bid $ J,OOq .b7 4. The bidder hereby acknowledges that it has receiVed Addenda No(s) ;tJ/4 (Enter "N/A" If none were ISSUed) to this Request for Quotation package, I 5, The name of the bidder submltl1ng this bid Bnd ItS business phone number Bnd address, to which address all communications concerned with this btd and with the contract shall be sent, are listed below Any written notices reqUired by the terms of an awarded contract shall be served or mailed to the follOWing address. . ;.)' 6. Bidder's firm name \,lI~~+-:r ....+lr\ or- 1D':"~,^ C-e....+-"L..- \ "'f'4':> 7. Complete address '2.. c; "\ <.') 0 ~ \-tW '( \ 0 / (Street address) ~e,.c(,,^ \AlA- (Clly) (State) Nl8[ST~1 q 'i;'X-.-I--\ GC'i 7hL) o'f3 2>(,0- b:S'll- /77 '7 q~i~X'2 (Zip) 8 Registration Number 9. UBI Number 10 Telephone No The bidder represerits that it is qualified and possesses sufficient skills and the necessary capabilities to perform the ser'Vices set fir' In thiS Contract 11. Signed by ~ _ ~~ - "-.) 12 Tille ~..-'t"........... \ .M...."..j'.r 13, Pnnted Name. J <:>\" '" .JI<\ ,..,V\: 7. 14 Date q~ '-' . "7 , Project: PK-Q7-Q32 Page 2 R"" 2/1512007 . , . . . P O. #: 010090 CHANGE #: 1 DATE: 09/13/07 DATE CHG 09/13/07 INVOICE TO. Clty of Port Angeles ATTN: ACCOUNTS PAYABLE PO BOX 1150 PORT ANGELES, WA 98362 TO NORTHWEST INTERIOR DESIGN CTR 259003 HWY 101 SEQUIM, WA 98382 SHIP TO: City of Port Angeles PARKS SHOP 1310 W 16TH ST PORT ANGELES, WA 98363 VENDOR # 27347 REQ NO. 9750 REQUISITIONED BY COREY DELIKAT SHIP VIA: F.O.B TERMS NET QUANTITYUOM ITEM NO AND DESCRIPTION ************************** * * * CHANGE ORDER * * * ************************** EXTENDED UNIT CO COST 1 OOEA VERN BURTON CARPET REPLACEMENT 6466.49 6466.49 SUB-TOTAL TAX 8.4 TOTAL 6466.49 543 19 7009.68 REMARKS: Vern Burton Carpet Replacement AUTHOR"ED BY I L[ ~ '~