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HomeMy WebLinkAbout000643 Original Contract City of Port Angeles Record # 000643 4f pC7RTq�, "�- SMALL WORKS ROSTER UKS&�`u ❑ Request for Bid ® Contract Contract Title: Substation Lightning Protection Project Number: CL08-2012 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ("CITY") AND Kl(A Ele ric. Inc. ("CONTRACTOR") 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment"A"(Attachment"A"will 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: November 20, 2013. ❑ All work under this Contract is to be completed calendar 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 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: ❑ 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: $25,804.62 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. CL08-2012 Page 1 Rev. 8/30/2011 i 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. 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. S. 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. C. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. CL08-2012 Page 2 Rev. 8/30/2011 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. 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. S. 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. S. 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. CL08-2012 Page 3 Rev.8/30/2011 B. The Ci shall protect, def City p end 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 form the City. 11.. INSURANCE, BONDS, & RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. B. 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 forms, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works & Utilities (Telephone 360-417.4541). Performance and Payment 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 Bonds 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 City, 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 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. CL08-2412 Page 4 Rev. 8/30/2011 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 p 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. 1S. 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: 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. CL08-2012 Page 5 Rev. 8/30/2011 B. Payments for work Y 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. 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 Attachment E. 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 ofAj%Akk 2013. KVA ELECTRIC, INC. CITY OF PORT ANGELES By: pact,. By: ✓J ter/' Printed Name: Printed Name: AIAA Title: V I ra 2941;ijcn Title: Address: city' APPROVED AS TO FORM: Tax ID #: �r BY: r Phone Number: LQ CITY ATTORNEY ATTEST: BY: C CI-ERK Purchase Order #: CL08-2012 Page 6 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "A" Engineering Office WORK BY CONTRACTOR Public Works and Utilities Department 360-417-4700 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: Install lightning arrestors in four substations. Location: Four Port Angeles electrical substations. Site Point of Contact: Richard Hixson at 360-461-7470. Work Hours and Schedule: The Contractor will work from 7:00 AM to 3:30 PM, Monday through Friday, excluding ail City holidays. Work outside of these hours may be requested from and is at the discretion of the City Engineer. Permits: None required Work Requirements: 1.0 Project Description Replace or add lightning arresters to the 69kV transmission structures at 4 of seven substations. 2.0 Standard Specifications The 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 Service Standards and Guidelines (current edition). The following City of Port Angeles Specification Sections and Construction Standards are included as part of this contract: Section 16670 — Station Class Surge Arresters, 3.0 Drawings: The following drawing sheets are part of this contract: E-1. 4.0 Description of Work Replace existing station class lightning arresters where shown on drawings. All substations are located within the city limits of Port Angeles. Contractor shall remove existing arresters, and provide and install all material, mounting brackets, grounding conductors, jumpers, connectors, etc, as described herein to provide a complete and functional lightning protection scheme. 5.0 Safety Substations will be de-energized one at a time by Part Angeles Light Operations (PALO) personnel. Contractor must coordinate its schedule with PALO and allow approximately one working day for a substation to be re- energized and the next site de-energized when moving between sites. All work must be completed on one site before moving to another. CL08-2012 Page 7 Rev. 8/30/2011 6.0 Observance of the Law The Contractor shall be responsible for the strict observance by his employees of the laws of the United States and the State of Washington (including State of Washington Department of Transportation regulations) and all local ordinances and regulations. The Contractor shall comply with said laws, ordinances, and regulations. 7,0 Payment The City will process monthly payments for work completed and accepted by the Project Engineer within 30 days following submittal of a completed and signed Payment Request Form. Retainage in the amount of 5% will be withheld in accordance with RCW 60.28.011. After the expiration of 30 days following the final acceptance of said work by the Port Angeles City Council and receipt of proper releases for applicable agencies of the State of Washington, the final payment of the retainage, or all amounts thereof in excess of a sufficient sum to meet and discharge valid claims filed pursuant to the statutes of the State of Washington, will be made. Washington State sales tax will apply and be paid when billed on invoices. 8.0 Warranty Contractor to repair or replace arresters that fail in workmanship within the manufacturer's standard warranty period, but not less than one year from date of Substantial Completion. 9.0 Special Conditions The City of Port Angeles requires that bid submittals be made on the bid form supplied by the City, and in no other manner. CLOS-2012 Page 8 Rev. 8/30/2011 SECTION 16670—STATION CLASS SURGE ARRESTERS PART 1 -GENERAL 1.1 This specification covers the electrical and mechanical characteristics of polymer-housed station- class arresters. 1.2 STANDARDS A. Meet the requirements of IEEE Std C62.11 TM-2005 standard "Standard for Metal-Oxide Surge Arresters for Alternating Current Power Circuits". B. Pressure Relief Test shall be performed in accordance with IEEE Std C62.11 aT"-2008 standard. PART 2 - PRODUCTS 21 CONSTRUCTION A. Arresters shall be polymer-housed station-class. The housing shall contain a minimum of 75% silicone rubber. Housings, which are primarily EPDM, EPR or other carbon-based materials, are not acceptable. B. Polymer-housed station-class arresters shall meet 15,000 inch-lbs. ultimate cantilever strength. C. The arrester housing shall have minimum creepage distance of 107.5 inches. D. Terminals shall have solderless clamp-type connections suitable to accept up to 1.15" diameter conductors. E. The arrester shall be supplied with a 3-hole mounting base using an 8.75"-10" diameter bolt circle pattern. The bolt-holes should be sized for 0.5" diameter bolts. F. The arrester shall specify the manufacturer name, catalog number, serial number, arrester rating and MCOV. It shall be permanently affixed to the mounting base. 2.2 PROTECTION CHARACTERISTICS A. The arrester shall have discharge voltages, which do not exceed the following single-impulse discharge energy ratings: 1. MCOV: 42.0 kV RMS 2. Energy Handling: 260.4 kJ 3. TOV— 1 sec: 57.0 kV RMS 4. TOV— 10 sec: 54.1 kV RMS 5. Front-of-Wave Protective Level: 144 kV Crest 6. Maximum Discharge Voltage: 150 kV Crest at 20 kA 7. Switching Surge Protective Level: 108 kV Crest at 1000 A 2.3 PRODUCTION TESTS A. Every metal oxide varistor and arrester shall be 100% production tested as follows to demonstrate compliance with the manufacturers' specifications. Test report should be supplied with each arrester. Each arrester shall be marked with a unique serial number to allow tracking for at least 20 years from date of production. B. Metal Oxide Varistor Tests 1. Reference Voltage measured at specified Reference Current must fall within the parameters established by the manufacturer. CL08-2012 Page 9 Rev. 8/30/2011 2. The discharge voltage of each MOV must be measured per IEEE Std C62.11 TM-2005 standard, Section 13.2, "Discharge Voltage Test". 3. The leakage current must be measured by a method prescribed by the manufacturer. C. Complete Arrester Tests 1. The partial discharge must be measured at no less than 1.05 times MCOV. 2. The Watts Loss must be measured at no less than 1.05 times MCOV. 3. The arrester reference voltage must be verified for each arrester. 2.4 QUALITY ASSURANCE A. Any varistor or complete arrester that does not comply with the requirements of these specifications shall be rejected. B. Arresters shall be Cooper#UHAA054042A2815A11, or equal. PART 3 - EXECUTION 3.1 INSTALLATION A. Three new arresters are to be installed in each of four substations, as detailed on the drawings. Existing arresters are to be removed and the mounting brackets reused where present. Provide new mounting brackets at College Substation to mount on existing switch structure. Modify connections to 69kV bus as required to fit new arresters. B. Installation requires de-energizing the 69 kV lines supplying each substation. This switching will be performed by City crews. Only one substation at a time can be removed from service, and only one during any 24 hour period. Contractor shall coordinate installation schedule with City of Port Angeles Light Operations. C. Provide and install new downleads from arresters to existing ground grid lead at base of structure or transformer. Connect downlead to each arrester. Conductor to be Theft Deterrent Composite Conductor(TDCC)or Copper-bonded Steel Conductors (CBSC), as manufactured by Erico or equal, equivalent to the AWG stranded bare copper sizes shown on drawings. Downleads shall be bonded to the existing substation grounding grid using exothermic welding connections. END OF SECTION 16670 CLOS-2012 Page 10 Rev.W3012011 City of Port Angeles ATTACHMENT "B" Engineering Office INSURANCE Public Works and Utilities Department 360-417-4700 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 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 endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 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-Compieted Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. CL08-2012 Page 11 Rev. 8/30/2011 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. H. 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. CL08-2012 Page 12 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "C" Engineering Office PREVAILING WAGE RATES Public Works and Utilities Department 360-417-4700 Prevailing Wage Rates Information Below; 1. Washington State Prevailing Wage Rates For Public Works Contracts --.journey Level and Apprentices, Clallam County, effective 7/26/2013. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link. http.//www.Inl.wa.gov/TradesLicensing/PrevW ge/WacieRates/default.asp 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or by email, Ihanley(dcityofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. CL08-2012 Page 13 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "D" Engineering Office PERFORMANCE & PAYMENT BONDS Public Works and Utilities Department & 360-417-4700 RETAINAGE PERFORMANCE BOND to City of Port Angeles,WA Bond No. The City of Port Angeles,Washington has awarded to (Principal), a contract for the construction of the project designated as Substation Lightning Protection Project No. CL08-2012 in Port Angeles, Washington, and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal,and (Surety), a corporation, organized under the laws of the State of and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Port Angeles in the sum of US Dollars ($ )Total Contract Amount, subject to the provisions herein. This statutory performance bond shall become null and void,if and when the Principal, its heirs,executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions,and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two (2)original counterparts,and shall be signed by the parties'duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL SURETY Principal Signature Date Suety Signature Dale Printed Name Printed Name Title Title Name,address,and telephone of local office/agent of Surety Company is: Approved as to form: City Attorney,City of Port Angeles Date CLOS-2012 Page 14 Rev. 8/30/2011 PAYMENT BOND to City of Port Angeles,WA Bond No. The City of Port Angeles,Washington,has awarded to (Principal),a contract for the construction of the project designated as Substation Lightning Protection,Project No.CL08-2012,in Port Angeles, Washington, and said Principal is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW)and(where applicable) 60.28 RCW. The Principal,and (Surety), a corporation,organized under the laws of the State of and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Port Angeles in the sum of US Dollars ($ )Total Contract Amount, subject to the provisions herein. This statutory payment bond shall become null and void,if and when the Principal,its heirs,executors, administrators, successors, or assigns shall pay all persons in accordance with Titles 60.28, 39.08, and 39.12 RCW including all workers,laborers,mechanics, subcontractors,and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled,this bond shall remain in force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two (2)original counterparts, and shall be signed by the parties'duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL SURETY Principal Signature Data Stirety Signature Date Printed Name Printed Name Title Title Name,address,and telephone of local office/agent of Surety Company is: Approved as to form: City Attorney,City of Port Angeles Date CL08-2012 Page 15 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "E" Engineering Office FORMS Public Works and Utilities Department 360-417-4700 REQUEST FOR INFORMATION (RFI) FORM PROJECT NAME: PROJECT/CONTRACT NUMBER: ORIGINATOR: ❑ Owner ❑ Contractor ITEM: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION/REQUEST: DATE REPLY REQUESTED: CRITICAL TO SCHEDULE: ❑ YES ❑ NO ORIGINATOR SIGNATURE: DATE: COMMENTS: RFI Number: CLOS-2012 Page 16 Rev. 8/30/2011 BOAT�nc� CONTRACT CHANGE ORDER (CCO) NO. Project Name Substation Lightning Protection Date Contractor Project No. CL08-2012 DESCRIPTION OF WORK You are ordered to perforin the following described work upon receipt of an approved copy of this Change Order: Such work will be compensated by: check one or more of the following as applicable [ ]Increase or[ ]Decrease in bid items; [ ] Force Account; [ ]Negotiated Price: The described work affects the existing contract items and/or adds and/or deletes bid items as follows: Itein Description RFI# Qty, Unit $Cost Per Unit $Cost Net$Cost Adj.Days No. 1 Orig. Rev. 2 Orig. , Rev. ORIGINAL CURRENT EST.NET CHANGE TOTAL CHANGE ORDERS, EST.CONTRACT AFTER CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER DAYS: DAYS: DAYS: DAYS: DAYS: *Amount with applicable sales tax included All work,materials and measurements to be in accordance with the provisions of the original contract and/or the standard specifications and special provisions for the type of construction involved. The payments and/or additional time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein,including delays to the overall project. f ?+Y�-s _5 °f-;�., �d. ". m "�%p'�`.'s ". ;, a ^E-`'�e y ""� r. i 3 ^� _ ,� a �b ,.� } irr;'- s6�; mac` c :� ^l '3 e� a APR UED B3 � E DAT ` r MA: RI PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS&UTILITIES DIRECTOR CITY MANAGER x3 �i �£ CITY COUNCIL APPROVAL DATE: CL08-2012 Page 17 Rev. 8/30/2011 CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT Substation Lightning Protection PROJECT NO. CL08-2012 Page I of 2 TO: City of Port Angeles DATE: Public Works&Utilities Department P.O.Box 1150 Port Angeles,WA 98362 FROM: PAYMENT REQUEST NO. PERIOD From: to [end of period]: STATEMENT OF CONTRACT ACCOUNT 1 Original Contract Amount(Excluding Sales Tax) $ 2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) $ 3 Adjusted Contract Amount[1+2] $ 4 Value of Work Completed to Date (per attached breakdown) $ 5 Material Stored on Site(per attached breakdown and material receipts) $ 6 Subtotal [4+5] $ 7 8.4% Sales Tax(at 8.4%of Subtotal),As Applicable $ 8 Less Amount Retained(at 5%of subtotal) $ 9 Subtotal [6+7-8] $ 10 Total Previously Paid $ 11 AMOUNT DUE THIS REQUEST[9-10] $ WAIVER.OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract (and all authorized changes) between the Applicant and the City of Port Angeles, relating to the above referenced project, and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the Contract documents. Continued on Page 2 CL08-2012 Page 18 Rev.8/30/2011 CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 I also certify that all lower-tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower-tier subcontractors/suppliers, and(2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that I have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes,premiums and/or assessments arising out of the performance of the work. I further certify that,to the best of my knowledge, information and belief, all work for which previous payment(s) have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the Contractor, subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven(7) days of receipt of the payment requested herein, all payments, less applicable retention,will be made through the period covered by this pay request to all my lower-tier subcontractors/suppliers and for all materials, equipment, labor,taxes and assessments arising out of the performance of all said lower-tire work. DATED: CONTRACTOR: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of , 20 Notary Public in and for the State of residing at My appointment expires APPROVAL: Project Manager Date City Engineer Date CL08-2012 Rage l9 Rev. 8/30/2011 �a POR7'gM�� Cid CERTIFICATION OF resaN '� WORK COMPLETION AND ACCEPTANCE PROJECT: Substation Lightning Protection PROJECT NO.: CL08-2012 All work on the above referenced project has been completed in accordance with the contract documents and the final inspection and the warranty provision included therein or relating thereto. The final estimate in the amount of$ , including any applicable taxes, has been reviewed and is in agreement with our records. I further certify that the final estimate amount shown above is a true and correct statement showing all the monies due me from the City of Port Angeles for work performed and material furnished under this contract. City Council acceptance and final payment, including retained percentages, is hereby respectfully requested. Contractor, hereby releases the City of Port Angeles, Washington, from any and all liens arising out of this Contract or is, herewith, providing a bond covering all unpaid obligations for work, materials, equipment or any other liens outstanding on this Contract. CONTRACTOR: ADDRESS: AUTHORIZED OFFICIAL: DATE: CL08-2012 Page 20 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "F" Engineering Office ADDENDUM &QUOTE RECEIVED Public Works and Utilities Department 360-417-4700 1. Addendum 1 attached 2. Quote Received from KVA Electric, Inc. CL08-2012 Page 21 Rev. 8/30/2011 �fP0R.T ADDENDUM NO. 9 TO PROJECT MANUAL FOR � s Substation Lightning Protection PROJECT NO. CL08-2012 NOTICE TO PROSPECTIVE BIDDERS July 23, 2093 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: The Instructions to Bidders document is revised to include the following: 1. The Bidder's Checklist in paragraph 8 of the Instructions to Bidders calls for a Bid Security Transmittal Form to be properly signed if a bid is greater than $36,000, including sales tax. The Form is missing from was not included in existing Instructions to Bidders. Insert the attached Bid Security Transmittal Form between pages 3 and 4. The existing page 4 shall become page 5 and renumber the trailing pages accordingly. 2. The Bid Opening Date remains unchanged. The bid opening date is Friday, July 26, 2013 at 2:00 PM. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-responsive. M.C. Puntenne , City Engineer PW-407_13[rev.09/181021 Page 1 of 2 BID FORM Project Title: Substation Lightning Protection Project Number: CL08-2012 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. Bid Item Description Lum Sum 1 1-ightning LightningArresters -4 Substations 8.4% Sales Tax Total The bidder hereby acknowledges that it has received Addenda No(s). (Enter"NIA" if none were issued) to this Request for Bid package. 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: p! 1. Company Name: ivh y `r°C 2. Address: 2.SJ='-. 3. City, State, Zip Code: r{ n r� LE - ot,?.Z7�, 4. Phone Number: �SU) -a 0?> I - 5. Contractor Registration Number: KVNELL J=9 01 L ik 6. UBI Number: 7. WA State Industrial Insurance Account Number: OTZ -�66-0c) S. WA State Employment Security Dept Number: 1252 RA00() 9. State Excise Tax Registration Number: 011- 1-14C11-60 The bidder represents thati is qualified and possesses sufficient skills to bid on this project and the necessary capabilities to oe orm a rvices set forth in this Contract. Signed by Titlero Printed Name: Date l Project No.: CL08-2012 Page 5 Rev 08/30/2011 NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON ) COUNTY OF ! AAa ) The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him/her self an advantage over any other bidder or bidders. le- Ignature o Bidder/Contractor Subscribed and sworn to before me this ;��7e-day o WL- 20 .«yvvv`vvv ,t N(Q'&yKf9fic in and for the A,kb��" State of iC1�zll X08 r/ ar Residing at fj 1Z ra S to" My Comm. Exp.: - OF Project No.: CL08-2012 Page 3 Rev 08/30/2011 PORI'app u` s>ln FORM VIM Project TitleSubstation Lightning Protection Project Number: CLOS-2012BIDDER: KV dU,', The undersigned,hereinafter called the bidder,declares that the only person(s) interested in this bid are those named herein; that the bid is in all respects fair and without fraud; and that it is made without any connection or collusion with any other person making a bid on this project. The bidder further declares that it has carefully examined the plan,specifications, and contract documents, hereinafter referred to as the Project Manual, for the construction of the proposed project improvement(s);that it has personally inspected the site(s);that it has satisfied itself as to the types and quantities of materials,the types of equipment,the conditions of the work involved, including the fact that the description of and the quantities of work and materials,the types of equipment,the conditions of and the work involved as included herein, are brief and are intended only to indicate the general nature of the work and to identify the said quantities with the corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and the terms of the Contract included in the Project Manual. The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface information and has utilized all data which it believes is pertinent from the City Engineer,hereinafter also referred to as the City or Owner, and such other source of information as it determined necessary in arriving at its conclusion. If the bidder is awarded a construction contract on this bid,the name and address of the surety who will provide the performance bond is: Surety Agent Surety address Agent Address Surety Contact and Phone Number Agent Contact and Phone Number se� 0� Project No.: CL08-2012 Page 4 Rev 086W2011 BID SECURITY TRANSMITTAL FORM. Herewith find an executed Bid Bond or a deposit in the form of a cashier's check, postal money order or other security in lieu of a bid bond in the amount of$ ____.._,which amount is not less than five(5%)percent of the total bid. SIGN HERE BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, __ as Principal and as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: Project Title: Substation Lightning Protection Project Number: CL08-2012 according to the terms of the bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the advertisement for bids, then this obligation shall be null and void; otherwise it shalt be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages,the amount of this bond. SIGNED, SEALED AND DATED THIS day of 20 Principal Surety Agent Surety address Agent Address Surety Contact and Phone Number Agent Contact and Phone Number Dated: Received return of deposit in the sum of$ PW-407_13[rev.09118102] Page 2 of 2