HomeMy WebLinkAbout000832 Original Contract City of Port Angeles
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; City f Port Angeles Record # 000832
Public Works &Utilities Dept.
Engineering
E.Angeles,WA 98362 stmt
Po rt Ang LIMITED PUBLIC WORKS PROCESS
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"i:ORKS0' Tel: 360-417-4541
Fax: 360-417-4709 ❑ Request for Quotation
❑ Contract
Contract Title: Civic Field Light Pole Repair Project Number: PK-14-029
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND Andy Schwartz Construction ("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.
® The performance period under this Contract commences seven (Z)calendar days after notice to
proceed and ends thirty_(30) calendar days thereafter.
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: $7,720.12
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in 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.
Project PK-14-029 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 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.
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 PK-14-029 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.
B. 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. INDEMINIFICATION / HOLD HARMLESS
A. 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.
B. 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
Project PK-14-029 Page 3 Rev. 8/30/2011
waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
12. PREVAILING WAGE
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of
Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The
Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing
wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services
rendered, Contractor shall submit an "Affidavit of Wages Paid".
For a contract award or an on-call contract work order under $2,500, and in accordance with RCW 39.12.040(2),
the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages
&Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form
developed by the Washington State Department of Labor and Industries and available from the City of Port
Angeles Public Works and Utilities Department.
In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute.
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
14. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
15. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject to inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Contractor's risk and expense.
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
Project PK-14-029 Page 4 Rev.8/30/2011
i
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 PK-14-029 Page 5 Rev. 8/30/2011
IN WITNESS WHEREOF, the parties have executed this Contract as of 1 .', 2014.
ANDY SCHWARTZ CONSTRUCTION CITY OF PORT ANGELES
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Project PK-14-029 Page 6 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "A"
Engineering Office WORK BY CONTRACTOR
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: Install repair band on light pole No. 7 in accordance with the project plan and specifications.
Location: Civic Field, 307 South Race Street, Port Angeles, WA
Site Point of Contact: Eric Walrath at 360-417-4806.
Work Hours and Schedule: The contractor will be allowed to work from 8:00 AM to 5:00 PM, Monday through
Friday, non-holidays. Work outside of these days and/or hours may be requested from and is at the discretion of
the City Engineer.
Permits: None
Work Requirements: Ability to access pole repair locations approximately 40 and 55 +/- feet above adjacent
grade.
1.0 Project Description
Repair Area 1: Remove loose concrete and rust from upper connecting ring, exposed reinforcing strands and
reinforcing anchors, remove pole steps as necessary to install steel sleeve as detailed in the plans, fill annular
space between steel sleeve and pole surface with Type 2 grout.
Repair Area 2: Remove loose concrete and rust from reinforcing steel in concrete rock pocket located above steel
sleeve installation location and install Type 3 mortar to fill void to flush with pole surface.
2.0 Standard Specifications
This contract incorporates the Washington State Department of Transportation's 2014 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).
2.1 Special Provisions
1-01.3 Definitions
(September 12, 2008 APWA GSP)
This Section is supplemented with the following:
All references in the Standard Specifications 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".
All references to "State Materials Laboratory" shall be revised to read "Contracting Agency
designated location".
Project PK-14-029 Page 7 Rev.8/30/2011
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 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 proposal, from
which the Contracting Agency may make a choice between different methods or material of
construction for performing the same work.
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.
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, and only minor
incidental work, replacement of temporary substitute facilities, 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.
Notice of Award
The written notice from the Contracting Agency to the successful bidder signifying the Contracting
Agency's acceptance of the bid.
Project PK-14-029 Page 8 Rev.8/30/2011
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.
Bid Items Not Included in the Proposal
Section 1-04.1(2)is replaced with the following:
"When the contract specifies Work that has no Bid item, and the Work is not specified as being included with or
incidental to other Bid items, payment for the Work shall be included in an appropriate unit price or lump sum bid
item in the Bid Form."
1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda
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, including APWA General Special Provisions if they are included,
4. Contract Plans,
5. Amendments to the Standard Specifications,
6. Current edition of the City of Port Angeles Urban Services Standards and Guidelines,
7. WSDOT Standard Specifications for Road Bridge and Municipal Construction, and
8. WSDOT Standard Plans for Road Bridge, and Municipal Construction.
1-04.4 Changes in Work
Section 1-04.4, Changes, of the Standard Specifications shall be supplemented with the following:
All revisions, clarifications, field requests and field authorizations for construction contracts shall be
documented using the 'REQUEST FOR INFORMATION (RFI)"form. A construction contract change order
may be initiated by the Contractor, City Inspector, or Engineer by using the RFI form contained in Contract
documents.
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 loss or damage to the public.
Project PK-14-029 Page 9 Rev. 8/30/2011
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.
1-05.10 Guarantees
Section 1-05.10 is supplemented with the following:
The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1)
year from the date of substantial completion. The Contractor shall warrant and guarantee for a period of one (1)
year from the date of substantial completion of the system that the completed system is free from all defects due
to faulty materials or workmanship, and the Contractor shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of any damage to other parts of the system resulting
from such defects. The City will give notice of observed defects with reasonable promptness. In the event that
the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such
defects, the City may do so and charge the Contractor the cost thereby incurred.
Measurement and Payment
All costs associated with this item shall be incidental to the contract prices for the various bid items.
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 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
therefore.
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.
Project PK-14-029 Page 10 Rev. 8/30/2011
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.
1-05.13 Superintendents, Labor and Equipment of Contractor
(March 25, 2009 APWA GSP)
Revise the seventh paragraph to read:
Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1-02.14, it will
take these performance reports into account.
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 constituting 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 a-mails or
electronically delivered copies of correspondence will not constitute such notice and will not comply with the
requirements of the Contract.
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.
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
Project PK-14-029 Page 11 Rev. 8/30/2011
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.
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.
6-20 Pole Repair
6-20.1 Description
Removal and disposal of loose concrete and rust from upper connecting ring, exposed reinforcing strands and
reinforcing anchors, removal of pole steps as necessary to install steel sleeve as detailed in the plans, and filling
of annular space between steel sleeve and pole surface with grout. Removal and disposal of loose concrete and
rust from reinforcing steel in concrete rock pocket located above steel sleeve installation location and installation
of new cement concrete to fill void to flush with pole surface.
6-20.2 Materials
All materials shall be new and in accordance with the plans and specifications.
6-20.3 Construction Requirements
All workmanship shall be complete and in accordance with the latest accepted industry standards.
6-20.4 Measurement
"Pole Repair" will be measured by Lump Sum.
6-20.5 Payment
The Lump Sum Contract price for"Pole Repair" shall be full compensation for all costs incurred to carry out the
requirements of the contract, including, but not limited to, labor, materials, and equipment required to make the
pole repairs as detailed in the plans and specifications.
3.0 Drawings:
The following listed drawings are part of this contract: "Civic Field Light Pole #7 Repair" prepared by Sargent
Engineers, Inc.
Project PK-14-029 Page 12 Rev.8/30/2011
City of Port Angeles ATTACHMENT "B"
Engineering Office
Public Works and Utilities Department Project Plan
360-417-4541
Project PK-14-029 Page 13 Rev.8/30/2011
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City of Port Angeles ATTACHMENT "C"
Engineering Office INSURANCE
Public Works and Utilities Department
360-417-4541
INSURANCE 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.
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 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:
Project PK-14-029 Page 15 Rev. 8/30/2011
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.
Project PK-14-029 Page 16 Rev.8/30/2011
City of Port Angeles ATTACHMENT "D"
Engineering Office PREVAILING WAGE RATES
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 October 141h 2014.
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/hvw�a lni wa aov/TradesLicensing/PrevWac/WageRateSldefault.asp
3. A copy of the applicable prevailing wage rates can be obtain by contacting Lucy Hanley at 360-417-4541 or by
email, contracts@cityofpa.us. A hard copy is available for viewing in person at 321 E. 5t"Street,Port Angeles,
WA. 98362.
Project PK-14-029 Page 17 Rev.8/30/2011
City of Port Angeles ATTACHMENT "E"
Engineering Office
Public Works and Utilities Department Repair Area Photos
360-417-4541
Project PK-14-029 Page 18 Rev.8/30/2011
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City of Port Angeles ATTACHMENT "F"
Engineering Office
Public Works and Utilities Department Quotation Form Received
360-417-4541
Andy Schwartz Constructions'Quotation Form attached:
Project PK-14-029 Page 22 Rev. 8/30/2011
QUOTATION FORM
Project Title: Civic Field Light Pole Repair Project Number: PK-14-029
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. Pole Repair, Lump Sum $ '/ /� 1
2. Sales Tax(8.4%) $
3. Total Bid $ e
5.The bidder hereby acknowledges that it has received Addenda No(s).
(Enter"N/A" if none were issued)to this Request for Quotation package.
6. 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: SICYIJPWZ�m 1. Company Name: i)1/ GJ�V&VMVI
2. Address: ,r &4-)AY
3. City, State, Zip Code: L YM O i WiC l
4. Phone Number:
5. Contractor Registration Number: , Ato by 3 C *°l q 5
6. UBI Number: 0
7. WA State Industrial Insurance Account Number: „ 5 Y
8. WA State Employment Security Dept Number: °4 r - ' d-
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 forth in this Co
Signed by voef
Title
Printed Name: �J
Date /042,7
_ _
Project: PK-14-029 Page 3 Rev 8/30/2011