HomeMy WebLinkAbout000528 Original ContractContract Title: 2012 Alley Pavina Railroad and 2n /3rd Project Number: TR05 -2012
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
"CITY AND Lakeside Industries. Inc. "CONTRACTOR
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment "A" (Attachment "A" may include Contractor's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
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. (See attachment A for specific
schedule for work).
The performance period under this Contract commences calendar days after notice to proceed
and ends lxx days thereafter or after contract award).
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract (check one):
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City of Port Angeles
1 Record #000528
SMALL WORKS ROSTER
Request for Bid
Contract
Force Account Time and material, not to exceed:
Force Account Time and actual expenses incurred, not to exceed:
Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: $93.407.00
Firm Fixed Price set forth in Contractor bid or quote in the amount of:
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 those indicated to be furnished by the
City of Port Angeles in Attachment A.
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.
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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 loss of service may result, such
corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the
Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and
the cost of same shall be paid by the Contractor.
C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and
supervision by the City.
D. Nondiscrimination /Affirmative Action. Contractor agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local
law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Contractor setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or
services required by the Contractor under this Contract, shall be considered employees of the Contractor only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
5. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
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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.
2 Rev. 8/30/2011
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
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 omissions or defective work of the Contractor. The Contractor agrees that its obligations under this
subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City
only, any immunity that would otherwise be available against such claims under the industrial insurance provision
of Title 51 RCW. In the event the City obtains any judgment or award, and /or incurs any cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable form the Contractor.
B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents
from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the
sole 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
TR05 -2012
3 Rev. 8/30/2011
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
form the City.
11. BONDS, RETAINAGE
If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster
contract and payment and performance bonds and retainage will apply in accordance with Washington State law.
A retainage of 5% will then be applicable to this contract. The Contractor shall obtain payment and performance
bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security
Transmittal Form, Performance and Payment Bond form, and Escrow Agreement for Retained Percentage form
are available from the Operations Office of Public Works Utilities (Telephone 360 417 4541). Performance
Bond and Retainage forms are provided in Attachment D. The party to whom the Contract is awarded will be
required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days
from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by the
Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney
appointing the signatory of the bond(s) as the person authorized to execute it (them).
12. PREVAILING WAGE
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement
of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage The
Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance
of services rendered, Contractor shall submit an "Affidavit of Wages Paid
For a contract award 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.
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4 Rev 8/30/2011
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. 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
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.
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:
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1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) 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).
20. COMPENSATION AND METHOD OF PAYMENT.
A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as
incorporated in the Contract.
B. Payments for work provided hereunder shall be made following the performance of such work, unless
otherwise permitted by law and approved in writing by the City. No payment shall be made for any work
rendered by the Contractor except as identified and set forth in this Contract.
C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment
request form.
5 Rev 8/30/2011
D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance
with the Request For Information (RFI) and /or Construction Change Order (CCO) process as set forth in the
Project Manual. Following approval of the RFI and /or CCO, the Contractor shall submit the standard payment
request form(s).
E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of
which is included in Attachment E 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. The City shall initiate authorization for payment after receipt of a
satisfactorily completed payment request form and shall make payment to the Contractor within approximately
thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and
Acceptance located in Attachment E).
IN WITNESS WHEREOF, the parties have executed this Contract as of i fr b./ 6P 2012.
LAKESIDE INDUSTRIES, INC. CITY OF PORT ANGELES
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TR05 -2012
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APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
BY:
6 Rev. 8/30/2011
City of Port Angeles
Engineering Office
Public Works and Utilities Department
360- 417 -4700
ATTACHMENT "A"
WORK BY CONTRACTOR
The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for
obtaining and paying for any and all permits required for this work.
General Scope: Roadway reconstruction on two alley's in Port Angeles.
Location: Railroad Front Alley Oak to Laurel 2 3rd Alley Peabody to Vine
Site Point of Contact: Jonathan Boehme at 360 460 -3456.
Work Hours and Schedule: The contractor will be allowed to work from 7 AM to 4:30 PM, Monday through
Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer.
Permits: None.
Work Requirements:
1.0 Project Description
Roadway reconstruction on the following alleys:
Railroad Front Alley Oak to Laurel
2 3 Alley Peabody to Vine
2.0 Standard Specifications
This contract incorporates the Washington State Department of Transportation's 2012 Standard
Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard
Specifications and the City of Port Angeles Urban Services Standards and Guidelines (current edition).
See Special Provisions, Attachment B.
3.0 Drawings:
The following listed drawings are part of this contract:
Sheet T -1 Vicinity Map, Sheet Index, and General Notes
Sheet C -1 Railroad Front Alley Plan
Sheet C -2 2 3 Alley Plan
4.0 Description of Work
The Railroad Front Alley between Oak and Laurel bid is to include the work to pulverize the mixed asphalt and
crushed rock surface, blend the materials together, re -grade as specified by engineer, compact, and pave 2 inch
depth HMA Cl. 1 /2" PG 64 -22, feather into adjacent asphalt parking lots, seal any new asphalt joints. Match
finished grade to existing catch basin and structure heights and locations. See sheet C -1 for details.
The 2 3 Alley between Peabody and Vine bid is to include the work to excavate the alley to a 1 foot depth,
place and compact ballast, CSTC and pave 2 inch depth HMA Cl. 1 /2" PG 64 -22. See sheet C -2 for details.
The contractor will be responsible for providing and implementing temporary traffic control and temporary erosion
and sediment control plans.
TR05 -2012 A -1
Rev. 8/30/2011
City of Port Angeles
Engineering Office
Public Works and Utilities Department
360- 417 -4700
Regions
ER Eastern Region
NCR North Central Region
NWR Northwest Region
OR Olympic Region
SCR South Central Region
SWR Southwest Region
WSF Washington State Femes Division
2012 Alley Paving TR05 -2012 B
ATTACHMENT "B"
SPECIAL PROVISIONS
The following Special Provisions are made a part of this contract and supersede any conflicting provisions
of the 2012 Standard Specifications for Road, Bridge and Municipal Construction, and the foregoing
Amendments to the Standard Specifications.
Several types of Special Provisions are included in this contract; General, Region, Bridges and Structures,
and Project Specific. Special Provisions types are differentiated as follows:
(date) General Special Provision
(Regions date) Region Special Provision
(BSP date) Bridges and Structures Special Provision
General Special Provisions are similar to Standard Specifications in that they typically apply to many
projects, usually in more than one Region. Usually, the only difference from one project to another is the
inclusion of variable project data, inserted as a "fill -in
Region Special Provisions are commonly applicable within the designated Region. Region designations are
as follows:
Bridges and Structures Special Provisions are similar to Standard Specifications in that they typically
apply to many projects, usually in more than one Region. Usually, the only difference from one project to
another is the inclusion of variable project data, inserted as a "fill -m
Project Specific Special Provisions normally appear only in the contract for which they were
developed. INTRODUCTION TO THE SPECIAL PROVISIONS (July 31, 2007 APWA
GSP)
The work on this project shall be accomplished m 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 Amencan 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 m 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
Also incorporated into the Contract Documents by reference are:
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, current edition
Contractor shall obtain copies of these publications, at Contractor's own expense.
2012 Alley Paving TR05 -2012 B -2