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HomeMy WebLinkAbout000882 Original Contract City of Port Angeles City of Port Angeles Record #000882 Public Works&Utilities Dept. Operations Office 1703 south a street SERVICE CONTRACT Port Angeles WA 98362 Tel: 360-417-4541 Pax: 360-452-4972 ❑ Request for Bid ® Contract Contract Title: Ground Services for Various City Sites Project Number: CON15-13 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ("CITY")AND�Aidergrove Construction, Inc. ("CONTRACTOR"). 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment"A"(Attachment"A"may include Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) which is attached hereto and by this reference is incorporated herein. 2.TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): ❑ All work under this Contract is to be completed by this date: ❑ All work under this Contract is to be completed 20 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 April 01 2015 and ends June 30, 2015. 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: $8.933.24(see attachment D) 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, CON15-13 Page 1 Rev. 8/30/201.1 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. 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. CON 15-13 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. 5. Contractor persistently disregards federal, state or local regulations and ordinances. 6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. CON15-13 Page 3 Rev. 8/30/2011 B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the City. 11. INSURANCE The Contractor shall maintain insurance as set forth in Attachment B. 12. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and 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 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. CON15-13 Page 4 Rev.8/30/2011 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17.INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT/MODIFICATION This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY 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. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and/or CCO, the Contractor shall submit the standard payment request form(s). Rev.CON15-13 Page 5 Rev. 8/30/2011 E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in Attachment D 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 D). IN WITNESS WHEREOF, the parties have executed this Contract as of r _, 2015. ALDERGROVE NSTRIJOTI N, INC. CITY OF PORT ANGELES e " .} B Printed Name: , Uftcucal- ' � Printed Name: __l ,t Title: �P-05 t i Title: ?u6 worka -- �� Address: �� City: p Tax ID #: 1- ci3� 1E"17U3�B�f' Phone Number: 5�7" ��"� Purchase Order #: _.TOY �� CON15-13 Page 6 Rev. 8;30/201 t City of Port Angeles ATTACHMENT "A" Operations 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: Grounds keeping services for the Wastewater Treatment Plant and Light Operations facilities Location: Light Operations Facilities: • Transformer Building — 1707 South "A" Street, Port Angeles • Pole Yard— 1708 Tumwater Access Road, Port Angeles • College— 1306 East Park, Port Angeles • Washington— 224 South Washington, Port Angeles • Valley— 206 South Valley Street, Port Angeles • Laurel — 110 East 14th Street, Port Angeles • Peabody— 2803 South Peabody, Port Angeles • A Street— 1616 South "A" Street, Port Angeles • F Street— 1604 South "F"Street, Port Angeles • I Street— 1538 West 7th Street, Port Angeles Wastewater Facility: • Wastewater Treatment Plant— 1509 East Columbia, Port Angeles Site Point of Contacts: Light Operations: Maintenance Technician Todd Eisele at 360-417-4746 or 360-460-8417 Wastewater Treatment Plant: Supervisor Gary Richmond at 360-417-4893 or 360-461-0111 Work Hours and Schedule: Wastewater Treatment Plant and Light Operations facilities work hours are from 7:30am to 3:00pm, Monday thru Friday, excluding all legal holidays. Work outside these hours may be requested from and is at the discretion of the City's Site Point of Contacts listed above. Access Restrictions: Before work commences, the Contractor will received an orientation and safety briefing from the Site Point of Contacts concerning restrictions on work sites. Contractor shall gain access inside Light Operations substations fenced yards ONLY when authorized Light Operations personnel is present. The Contractor can work outside the fenced yards for the Light Operations substations without an escort. Access into the Wastewater Treatment Plant shall only be permitted after the Contractor has received an orientation and safety briefing. Included in the orientation are the parking and offloading procedures at work site. Contractor shall work on side during the specified hours above. Scheduling of orientations shall be the responsibility of the Contractor. Contractor shall contact site point of contacts above to schedule orientations. Any orientations or briefings shall not substitute for the Contractor providing for all safety requirements necessary to comply with State law. Damages: The Contractor shall be responsible for making repairs due to damage resulting from operations performed by the Contractor. Performance Period: The performance period for this contract commences April 01, 2015 and ends June 30, 2015. Work Requirements: CON15-13 Page 7 Rev.8/30/2011 t __. ........ ......... a.,Lawn Services: 1. Site Inspection and Debris_Removal: The Contractor shall inspect for and remove debris such as bottles, paper, glass, fallen branches, and general/loose garbage from all specified areas prior to mowing and in conjunction with other lawn services to assure such services can be performed safely. All other debris not mentioned above shall also be removed in order to present a neat final appearance for the work area. Leaves shall be removed as needed to maintain a neat appearance. All debris removed shall be property of the Contractor. 2. C-dging;. All established turf edges, both hard and soft, are to be maintained. The Contractor shall use a weed eater or power lawn edger to edge work site lawns. Grass shall be edged away from sidewalk to distinguish the border between lawn and sidewalk. Loose grass clippings on sidewalk, or lawn, and in road shall be removed, distributed, and/or disposed of to provide a neat final appearance for the lawn and surrounding area. 3. Mowing_ Lawn areas will be maintained to ensure a neat appearance. Mowing shall be evenly distributed throughout the month. Lawns shall be mowed to approximately one inch in height using the appropriate mower adjustment stature. Contractor may use a mulching mower when appropriate. Contractor shall use a blower to blow stray grass off of sidewalks and streets. All grass clumps shall be raked and removed by Contractor to create neat appearance. Contractor shall catch grass clippings and dispose of along with weeds, leafs etc. at an appropriate disposal site. CON15-13 Page 8 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "B" Operations Office INSURANCE Public Works and Utilities Department 360-417-4541 INSURANCE & INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling,janitorial service, tree maintenance, road maintenance, painting, electrical work, plumbing, movers, and on site maintenance agreements. Insurance The Contractor shall procure and maintain for the duration of the Contract, 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-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. CON15-1 3 Page 9 Rev. 8/30/2011 fl 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. CON15-13 Page 10 Rev. 8/30/2011 City of Port Angeles ATTACHMENT "C" Engineering Office PREVAILING WAGE RATES Public Works and Utilities Department (If Applicable) 360-417-4541 Prevailing Wage Rates Information Below: 1. Washington State Prevailing Wage Rates For Public Works Contracts —Journey Level and Apprentices, Clallam County, effective 04/01/2015. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries _ ov Traeeg P _ gies default.as website link: i ___— __ a 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or by email, liianle (@ iiL fpa.us. A hard copy is available for viewing in person at 321 E. 51h Street, Port Angeles, WA 98362. CON 15-13 Page 11 Rev.8/30/2011 City of Port Angeles ATTACHMENT "D,' Engineering Office Prices Public Works and Utilities Department 360-417-4541 Licht Cfp�erat�crr : April - $2,972.00 May - $1,698.00 June - $1,640.00 April - $832.00 May - $514.00 June - $585.00 Subtotal: $8241.00 Sales tax: $692.24 Total: $8,933.24 CON15-13 Page 12 Rev. 8/30/2011