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HomeMy WebLinkAbout000506 Original Contract4 Project ST -12 -030 City of Port Angeles Public Works Utilities Dept Operations Office 1703 South B Street Port Angeles WA 98362 Tel: 360 417 -4541 Fax: 360-452-4972 City of Port Angeles Record #000506_ LIMITED PUBLIC WORKS PROCESS Request for Quotation Contract Contract Title: Red Lion Driveway Sidewalk Repair Project Number: ST -12 -030 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND 2 Grade LLC "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): n All work under this Contract is to be completed by this date: All work under this Contract is to be completed 10 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. The performance period under this Contract commences calendar days after notice to proceed and ends (xx days thereafter or after contract award). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): Force Account Time and material, not to exceed: Force Account Time and actual expenses incurred, not to exceed: n Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: Firm Fixed Price set forth in Contractor bid or quote in the amount of: $22.617.00 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. Page 1 Rev. 8/30/2011 E. If during the course of the Contract, the work rendered does not meet the requirements 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 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 Toss 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 Project ST -12 -030 Page 2 Rev 8/30/2011 Contractor, upon the occurrence of any one 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 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. Project ST -12 -030 Page 3 Rev. 8/30/2011 B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable 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 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 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 -12 -030 Page 4 Rev. 8/30/2011 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 /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. 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 RCW; 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 RCW 39.06.010 or 39.12.065(3). Project ST -12 -030 Page 5 Rev. 8/30/2011 IN WITNESS WHEREOF, the parties have executed this Contract as of t q 2012. NGELES Printed Name: Todd R. Northern Printed Name: M.C. Puntenne P —44 4\ 2 GRADE LLC Title: Owner /Member Title: Ci En•ineer Address: P.O. Box 1570 City: Port Angeles, WA. 98362 Tax ID 900355503 Phone Number: 360 461 -3988 Purchase Order 024214 Project ST 12 030 CITY OF PO Page 6 Rev 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 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: Repair the south entrance sidewalk and driveway of the Red Lion Hotel Location: 221 North Lincoln Street, Port Angeles, Washington. (South Entrance on Front Street) Project Engineer: Jim Mahlum, Civil Engineer at 360 -417 -4701. Work Hours and Schedule: The contractor will be allowed to work between the hours of 7 AM to 6 PM, Monday through Friday, excluding all legal holidays and weekends. Work outside of these hours and days may be requested from and is at the discretion of the Project Engineer. Permits: The Contractor shall be responsible for obtaining and paying for any permits required in completing the work requirements below. Work Requirements: (July 31, 2007 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2012 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project specific fill -ins; and project specific Special Provisions. Each Provision supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the date of the GSP and its source, as follows: (May 18, 2007 APWA GSP) (August 7, 2006 WSDOT GSP) (August 7, 2012, COPA GSP) Also incorporated into the Contract Documents by reference are: INTRODUCTION TO THE SPECIAL PROVISIONS Project ST -12 -030 Page 7 ATTACHMENT "A" WORK BY CONTRACTOR Rev 8/30/2011 Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any Standard Plans for Road, Bridge and Municipal Construction, WSDOT /APWA, current edition City of Port Angeles Urban Services Standards and Guidelines WSDOT Standard Plans Contractor shall obtain copies of these publications, at Contractor's own expense. 1 -01.3 Definitions (March 13, 2012 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "State "Department of Transportation "Washington State Transportation Commission "Commission "Secretary of Transportation "Secretary", "Headquarters and "State Treasurer" shall be revised to read "Contracting Agency Project ST -12 -030 Page 8 Rev. 8/30/2011 To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17 4 Furnished automatically All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location All references to "final contract voucher certification" shall be interpreted to mean the final payment form established by the Contracting Agency. The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1 -08.5. Contract Documents See definition for "Contract Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1 -02.2 Plans and Specifications (August 7, 2012, COPA GSP) Delete this section and replace it with the following: After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below: Project ST -12 -030 Page 9 Rev. 8/30/2011 Additional plans and Contract Provisions will be at the Contractor's own expense. 1 -02.5 Proposal Forms (June 27, 2011 APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D /M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1 -02.6 Preparation of Proposal (June 27, 2011 APWA GSP) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last paragraph, and replace it with the following: The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D /M/WBE requirements are to be satisfied through such an agreement. Project ST -12 -030 Page 10 Rev. 8/30/2011 upon award. Contract Provisions 4 Furnished automatically upon award. Large plans (e.g., 22" x 34 2 Furnished only upon request. Additional plans and Contract Provisions will be at the Contractor's own expense. 1 -02.5 Proposal Forms (June 27, 2011 APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D /M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1 -02.6 Preparation of Proposal (June 27, 2011 APWA GSP) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last paragraph, and replace it with the following: The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D /M/WBE requirements are to be satisfied through such an agreement. Project ST -12 -030 Page 10 Rev. 8/30/2011 A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W /MBE requirements are to be satisfied through such an agreement. 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (March 13, 2012 APWA GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, 4. Contract Plans, 5. Amendments to the Standard Specifications, 6. Standard Specifications, 7. Contracting Agency's Standard Plans or Details (if any), and 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1 -04.6 Variation in Estimated Quantities (May 25, 2006 APWA GSP) Supplement this Section with the following: The quantities for Crushed Surfacing Base Course, has been entered into the Proposal only to provide a common proposal for bidders. Actual quantities will be determined in the field as the work progresses, and will be paid at the original bid price, regardless of final quantity. These bid items shall not be subject to the provisions of 1 -04.6 of the Standard Specifications. 1 -05.4 Conformity With and Deviations from Plans and Stakes Add the following two new sub sections: 1- 05.4(1) Roadway and Utility Surveys (October 1, 2005 APWA GSP) The Engineer shall furnish to the Contractor one time only all principal lines, grades, and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of: 1. Slope stakes for establishing grading; 2. Curb grade stakes; 3. Centerline finish grade stakes for pavement sections wider than 25 feet; and 4. Offset points to establish line and grade for underground utilities such as water, sewers, and storm drains. On alley construction projects with minor grade changes, the Engineer shall provide only offset hubs on one side of the alley to establish the alignment and grade. Project ST -12 -030 Page 11 Rev. 8/30/2011 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of Toss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1 -05.11 Final Inspection Delete this section and replace it with the following: 1 -05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1- 05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set Project ST -12 -030 Page 12 Rev. 8/30/2011 the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice; shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. Project ST -12 -030 Page 13 Rev. 8/30/2011 The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1 -05.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constitutinq any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e-mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. Add the following new section: 1 -05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. Add the following new section: 1 -05.17 Oral Agreements (October 1, 2005 AWPA GSP) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. Project ST -12 -030 Page 14 Rev. 8/30/2011 The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. 1 -07.2 State Taxes Delete this section, including its sub sections, in its entirety and replace it with the following: 1 -07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1- 07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1- 07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. 1- 07.2(1) State Sales Tax Rule 171 WAC 458 -20 -171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Project ST -12 -030 Page 15 Rev. 8/30/2011 Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1 07.2(2) State Sales Tax Rule 170 WAC 458 -20 -170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1 07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). State Taxes (March 13, 1995) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay Sales tax. The provisions of Section 1- 07.2(1) apply. 1 07.07 Utilities and Similar Facilities Section 1 -07.17 is supplemented with the following: (April 2, 2007) Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: Utilities Underground Location Center 1- 800 424 -5555 1 -07.23 Public Convenience and Safety Construction Under Traffic Section 1 07.23(1) is supplemented with the following: Project ST -12 -030 Page 16 Rev 8/30/2011 Regulatory Posted Speed Distance From Traveled Way (Feet) 35 mph or less 10 40 mph 15 45 to 55 mph 20 60 mph or greater 30 (January 2, 2012) Work Zone Clear Zone The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor's operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: 1 -08 PROSECUTION AND PROGRESS Add the following new section: 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) Project ST -12 -030 or 2 feet beyond the outside edge of sidewalk Minimum Work Zone Clear Zone Distance Page 17 Rev. 8/30/2011 Add the following new section: 1- 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. Add the following new section: 1- 08.0(2) Hours of Work (June 27, 2011 APWA GSP) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8 -hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1 -hour lunch break and a 5 -day work week. The normal straight time 8 -hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the work. Written permission from the Engineer is required, if a Contractor desires to perform work on holidays, Saturdays, or Sundays; before 7:00 a.m. or after 6:00 p.m. on any day; or longer than an 8 -hour period on any day. The Contractor shall apply in writing to the Engineer for such permission, no later than noon on the working day prior to the day for which the Contractor is requesting permission to work. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to work Saturdays, Sundays, holidays, or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer. These conditions may include but are not limited to: The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency's material testing lab; inspectors; Project ST -12 -030 Page 18 Rev. 8/30/2011 and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence. On non Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. Considering multiple work shifts as multiple working days with respect to contract time, even though the multiple shifts occur in a single 24 -hour period. Add the following new section: 1- 08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP) Where the Contractor elects to work on a Saturday, Sunday, or holiday, or longer than an 8 -hour work shift on a regular working day, as defined in the Standard Specifications, such work shall be considered as overtime work. On all such overtime work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight time costs for employees of the Contracting Agency required to work overtime hours. The Contractor by these specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due to the Contractor. 1 08.4 Prosecution of Work Delete this section in its entirety, and replace it with the following: 1 -08.4 Notice to Proceed and Prosecution of Work (June 27, 2011 APWA GSP) Notice to Proceed will be given after the Contract has been executed and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1- 10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. Project ST -12 -030 Page 19 Rev 8/30/2011 1 -08.5 Time for Completion (June 28, 2007 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week in which a 4 -10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (Federal -aid Projects) b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Property owner releases per Section 1 -07.24 1 09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. Project ST -12 -030 Page 20 Rev 8/30/2011 1 -09.9 Payments Supplement this section with the following: The Contractor shall submit payment requests with a complete "Application for Payment" form, an example of which is included as Attachment "H" to this Contract. 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. 1 -10.2 Traffic Control Management General Section 1- 10.2(1) is supplemented with the following: (December 1, 2008) Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: Project ST -12 -030 The Northwest Laborers Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297 -3035 Evergreen Safety Council 401 Pontius Ave. N. Seattle, WA 98109 1- 800 521 -0778 or (206) 382 -4090 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406 -1022 Training Dept. Toll Free (877) 642 -4637 Phone: (540) 368 -1701 Measurement Lump Sum Bid for Project (No Unit Items) Section 1- 10.4(1) is supplemented with the following: (August 2, 2004) The proposal contains the item "Project Temporary Traffic Control," lump sum. The provisions of Section 1- 10.4(1) shall apply. Page 21 Rev 8/30/2011 Division 2 Earthwork Clearing, Grubbing, and Roadside Cleanup Description Section 2 -01.1 is supplemented with the following: (March 13, 1995) Clearing and grubbing on this project shall be performed within the following limits: Project ST -12 -030 As per plan and staked by the Engineer. Payment for this item will be made incidental to all other work and bid items. Removal of Structures and Obstructions Description Section 2 -02.1 is supplemented with the following: (March 13, 1995) This work shall consist of removing miscellaneous traffic items. Construction Requirements Section 2 -02.3 is supplemented with the following: (March 13, 1995) Removing Miscellaneous Traffic Items The following miscellaneous traffic items shall be removed and disposed of: Sidewalk removal and curb removal. Measurement Section 2 -02.4 is supplemented with the following: (October 25, 1999) Sidewalk removal will be measured by the square yard. (September 8, 1997) Curb removal will be measured by the linear foot. Payment Section 2 -02.5 is supplemented with the following: (November 3, 1999) "Removing $$1$$ Sidewalk per square yard. (September 8, 1997) "Removing $$1$$ Curb per linear foot. Page 22 Rev. 8/30/2011 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5 -04 HOT MIX ASPHALT 5 -04.4 Construction Requirements 5 -03.5 Preparation of Existing 5- 04.3(5)D Soil Residual Herbicide The first sentence of Section 5- 04.3(5)D is replaced with the following: Soil residual herbicide shall be applied in areas to be paved with granular base. Application of soil residual herbicide shall not be required in areas of non permeable base such as paving over cement concrete or asphalt treated base. 5- 04.3(8)A Acceptance Sampling and Testing HMA Mixture Section 5- 04.3(8)A is supplemented with the following: Commercial HMA Evaluation The following HMA will be accepted by commercial HMA evaluation: HMA Class Y2" PG 64 -22 DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7 -08 GENERAL PIPE INSTALLATION REQUIREMENTS 7 -08.4 Measurement The third paragraph shall be deleted and replaced with the following: Pipes shall be plugged as shown on the Drawings or per the direction of the Engineer. 7 -08.5 Payment Delete "Plugging Existing Pipe, per each Plugging Existing Pipe will be made incidental to all other work and bid items. Note: See drawing plans for the driveway and sidewalk repair below. A picture of the storm drain that needs capping is attached below. Project ST -12 -030 Page 23 Rev. 8/30/2011 SCALE LENGTH 84 APPROX.. 3.5'D X 4'W COMPACTED CSBC DrDve ay Sedan 1"=10 CITY OF PORT ANGELES PUBLIC WORKS Plot Date 8-10-2012 10 Red Lion Driveway Sidewalk Repair rll Revision Date. 8-10-2012 Page 24 5 Cur REMOE MST. DlaVEWAY. RE DE 5VD. DRIVEWAY INSTALLATION. MATCH TO EXIST, SIDEWALK. PAT. C, 0 Se SW File. RED LION DRIVEWAY 12 R. ROADWAY 0 FACE OF CURB VARIES 12 TO 24' FACE OF CURB FACE OF CURB FACE OF CURB 0 in" 0 12" VARIES FROM 8" TO 0", MAINTAIN 1H 8V SLOPE ON SIDE OF CURB MATCH ROADWAY SLOPE 1" R I2' R b r 0. DUAL -FACED CEMENT CONCRETE TRAFFIC CURB AND GUTTER CEMENT CONCRETE PEDESTRIAN CURB DUAL -FACED CEMENT CONCRETE TRAFFIC CURB MATCH ROADWAY SLOPE 12' \ROADWAY R 1" R CEMENT CONCRETE OR ASPHALT CONCRETE SIDEWALK OR PATH 9/B" PRFJAOLDED FILLER (WHEN ADJACENT TO CEMENT CONCRETE SIDEWALK) CEMENT CONCRETE TRAFFIC CURB AND GUTTER 8 112 CEMENT CONCRETE TRAFFIC CURB 12" R VARIES FROM e"TO0" 8' FACE OF CURB MATCH ROADWAY SLOPE 12' R r ROADWAY CEMENT CONCRETE CURB RAMP, LANDING, OR DRIVEWAY 1 "R ENTRANCE B PREMOLDED JOINT FILLER CEMENT CONCRETE PEDESTRIAN CURB AT CURB RAMPS, LANDINGS, AND DRNEWAY ENTRANCES 12' 7 114 MOUNTABLE CEMENT CONCRETE TRAFFIC CURB DEPRESSED CURB SECTION AT CURB RAMPS AND DRIVEWAY ENTRANCES FACE OF CURB 1 112 R. ROADWAY ROADWAY NOTE MATCH ROADWAY SLOPE 12" R. ROADWAY 1 See Standard Plan F -30.10 for Curb Expansion and Contraction Joint spacing. FLUSH WITH GUTTER PAN AT CURB 1O RAMP ENTRANCE 12" VERTICAL UP AT DRIVEWAY ENTRANCE CEMENT CONCRETE CURBS STANDARD PLAN F- 10.12-02 SHEET 1 OF 1 SHEET APPROVED FOR PUBUCATION Pasco Bakotch nil 06 -16-11 a.acsm.mr.v, ert76 Wer,E am ae• o.peri,..,e e11,.mpe,b9e. TYPE 1 (HOT MIX ASPHALT) TYPE 2 (HOT =ASPHALT) TYPE 3 (HOT NIDE ASPHALT) TYPE 4 (CEMENT CONCRETE) TYPE 6 (CEMENT commis) 10' 2 1lr 6r TYPE 6 (CEMENT CONCRETE) 2112' 1° U IN (To) Ta 1r 12. gENYEEN JOINTS (TYPJ I CEMENT CONCRETE EXTRUDED CURB SPACING OF ANCHOR BARS (FOR TYPES 4, 1, AND 1) NOTE JOINTS MAYBE FORMED DURING INSTAWITTON USING A RIGID DIVIDER OR SAWCUTAFTER CONCRETE CURES TO MINIMUM STRENGTH f 3 BARS (TYP ExPIAES AUGUST 26. 20071 EXTRUDED CURB STANDARD PLAN F- 10.42 -00 SHEET 1 OF 1 SHEET APPROVED FOR PUBLICATION Ken L Smith Of -23-07 RAUDENO BOOM aV. MAIMS:. slot. DwEM.+n Tmwvbbo City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 INSURANCE INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, electrical work, plumbing, movers, and on site maintenance agreements. Indemnification Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement 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 Agreement. Insurance ATTACHMENT "B" INSURANCE The Contractor shall procure and maintain for the duration of the Agreement, 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. No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be Project ST -12 -030 Page 28 Rev. 8/30/2011 endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance 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. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they 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. 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 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 have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Project ST -12 -030 Page 29 Rev 8/30/2011 II. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business 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, offset against funds due the Contractor from the City. Project ST -12 -030 Page 30 Rev 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 See attached listing: 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, effective 8/10/2012. 2. To access applicable prevailing rate(s) of wages rates for the describe work by trade, use the following Labor and Industries website link: http: /www.lni.wa.gov/ TradesLicensing /PrevWage /WageRates /default.asp 3. A copy of the applicable prevailing wage rates can be obtain by contacting Lucy Hanley at 360- 417 -4541 or by email, lhanley @cityofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. Project ST -12 -030 Page 31 ATTACHMENT "C" PREVAILING WAGE RATES Rev. 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 Attached listing: Quotation Form submitted Project ST -12 -030 Page 32 ATTACHMENT "D" QUOTATION FORM Rev. 8/30/2011 Red Lion Driveway and Sidewalk Repair Project No.ST -12 -030 ITEM SPEC O. DESCRIPTION QTY. UNIT PRICE AMOUNT BASE BID 1 1-04 MINOR CHANGE 1 L.S. $2,500 $2,500 2 1 -07 SPILL PREVENTION CONTROL PLAN 1 L.S. iL2S-p.• $'2,SD 3 1 -09 MOBILIZATION 1 L.S. A /VGQ,°° 47,4e. d-O 4* ygap.'a 4 1 -10 TRAFFIC CONTROL SUPERVISOR 80 HR. A' 66." 5 1 -10 CONSTRUCTION SIGNS 1 L.S. 4P 34'S.° i 3 VS, g'° 6 2 -02 REMOVE CURB AND GUTTER 10 L.F. S23. "O 4** 2 a° 7 2 -02 REMOVE CONCRETE SIDEWALK 10 S.Y. a Y6, O "4,,, d° 8 1235• a 3337, sv 8 2 -03 ROADWAY EXCAVATION, INCLUDIGN HAUL 65 C.Y. P AP. o1° 9 4-04 CRUSHED SURFACING BASE COURSE 125 TONS 10 5-04 COMMERCIAL HMA FOR PATCHING CEMENT CONCE. TRAFFIC CURB AND GUTTER 5 10 TONS 4. 230. L.F. 9 2C. s 18 4/sv. `'D 265"; 11 8-04 12 8-04 EXTRUDED CONC. CURB 25 L.F. '26. S 4P6G2, 4 7',79,5 13 8-06 CEMENT CONC. DRIVEWAY ENTRANCE 42 S.Y. '9. s ■0 14 8 -14 CEMENT CONC. SIDEWALK 10 S.Y. ,5 r'O ,S"3r 00 4 f 12-2-57 O BASE SUB -TOTAL ADDITIVE BID 1 1-04 MINOR CHANGE 1 L.S. $1,000 $1,000 2 1 -07 SPILL PREVENTION CONTROL PLAN 1 L.S. k/ D° °C`/: a° 3 1 -09 MOBILIZATION 1 LS. ll. "o 4 2 -02 REMOVE CONCRETE SIDEWALK 20 S.Y. ye, w 920, 5 4-04 CRUSHED SURFACING BASE COURSE 15 TONS 'vZ4,7 '**Ye 0 6 8 -14 CEMENT CONC. SIDEWALK 20 S.Y. ,47. 42/670, ov x',3791 ADDITIVE SUB -TOTAL Total Bid G� o� BID FORM Project Title: Red Lion Driveway Sidewalk Repair Project Number: ST -12 -030 The bidder hereby bids the following amounts for all work (including labor, equipment, time and materials) required to perform the work in the Statement of Work and this package. 1. Costs: 2. The bidder hereby acknowledges that it has received Addenda No(s). (Enter "N /A" if none were issued) to this Request for Quotation package. Project: ST -12 -030 Page 3 Rev 8/30/2011 z6' I1c 4W 3. The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid 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: Contractor Information: 1. Company Name: 2. Address: o l� 2( /S 3. City, State, Zip Code: Q r 7 rT sal C� r k s, wx. 91362_ 4. Phone Number: 360 V61-399 L- 5. Contractor Registration Number: G ►D &LgZ3T 6. UBI Number: 7. WA State Industrial Insurance Account Number: 8. WA State Employment Security Dept Number: 9. State Excise Tax Registration Number: The bidder represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. Signed by Title Printed Name: Date Project: ST -12 -030 -.70e7 (44.„„z G /t9 /7d y /77.zez, 2 ra. e L L Page 4 /S;C,97 -QO V /4/ -oo- 90 0 3SSS0 3 Rev 8/30/2011