HomeMy WebLinkAbout000956 Original Contract City of Port Angeles
Record # 000956 ORIGINAL
#2
PROJECT MANUAL
for
GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS
PROJECT NO. WW1415 & DR0315
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CITY OF PORT ANGELES
WASHINGTON
2015
CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES
For information regarding this project, contact:
Eric Wairath, City of Port Angeles
EWalrath @CityofPA.US
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GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW 14-2015&DR03-2015
000955
PUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate by and between the City of Port Angeles, a
non-charter code city of the State of Washington, hereinafter referred to as"the City," and Bruch&Bruch
Construction, Inc., a Washington Corporation,hereinafter referred to as "the Contractor."
WITNESSETH:
Whereas,the City desires to have certain public work performed as hereinafter set forth,requiring
specialized skills and other supportive capabilities; and
Whereas,the Contractor represents that it is qualified and possesses sufficient skills and the
necessary capabilities to perform the services set forth in this Contract.
NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein,
the parties hereto agree as follows:
1. Scope of Work.
The Contractor shall do all work and furnish all tools,materials, and equipment in order to
accomplish the following project:
GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT
NO. WW1415 & DR0315
in accordance with and as described in
A. this Contract, and
B. the Project Manual, which include the attached plans, Specifications, Special Provisions,
submittal requirements, attachments, addenda (if any), Bid Form, Performance and
Payment Bond, and
C. the 2014 Standard Specifications for Road, Bridge, and Municipal Construction prepared
by the Washington State Department of Transportation, as may be specifically modified
in the attached Specifications and/or Special Provisions, hereinafter referred to as "the
standard specifications,"and
D. the most current edition of the City of Port Angeles' Urban Services Standards and
Guidelines,
and shall perform any alterations in or additions to the work provided under this Contract and every part
thereof.
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
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work provided for in this Contract, except as may otherwise be provided in the Project Manual.
2. Time for Performance
Time is of the essence in the performance of this Contract and in adhering to the time frames
specified herein. The Contractor shall commence work within ten(10) calendar days after notice to
GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW1415&DR0315
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proceed from the City, and said work shall be physically completed within thirty(30)working days,
unless a different time frame is expressly provided in writing by the City.
3. Compensation and Method of Payment.
A. The City shall pay the Contractor for work performed under this Contract as detailed in
the bid, and as incorporated in the Project Manual.
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).
E. The Contractor shall submit payment requests with a completed Application for Payment
form, an example of which is included in the Attachments 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
complete Application For Payment and shall make payment to the Contractor within
approximately thirty(30)days thereafter.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No agent,
employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City, and the employees of the Contractor are not entitled to any of the benefits
the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and
the acts of its agents, employees, servants, subcontractors, or representatives during the performance of
this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all
federal, state, and local taxes or contributions imposed or required, including,but not limited to,
unemployment insurance,workers compensation insurance, social security, and income tax withholding.
5. Prevailing Wage Requirements.
A. This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto
and regulations issued thereunder, relating to prevailing wages, benefits and other
requirements. Workers shall receive no less than the prevailing rate of wage.
Bidders shall examine and be familiar with such requirements. No claim for
additional compensation will be allowed which is based upon a lack of knowledge
or a misunderstanding of any such requirements by the Bidder or a failure to
include in Bidder's price adequate increases in such wages during the performance
of this Contract. The Contractor is advised to consult the Washington State
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GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW1415&DR0315
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Department of Labor and Industries to determine the prevailing wages that must
be paid.
B. This public works project is being done in Clallam County. Washington State
wage determinations for Clallam County Journeymen and Apprentices can be
found at https:H fortress.wa.gov/lni/wagelookup/prvWa elg ookup.aspx and at
https://fortress.wa.gov/lni/wagelookup/ApprenticeWageLookup.aspx. The
applicable wage detenninations to use have an effective on the bid due date.
C. A copy of the applicable wage rates is available for viewing at the Port Angeles
Public Works and Utilities Contracts Office. In addition, this agency will mail a
hard copy of the applicable wage rates upon request
6. Indemnification and Hold Harmless.
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials,
employees, and volunteers against and from any and all claims, injuries, damages, losses,
or lawsuits, including attorney fees, arising out of or in connection with the performance
of this Contract, except for injuries and damages caused by the sole negligence of the
City. It is further provided that no liability shall attach to the City by reason of entering
into this Contract, except as expressly provided herein.
B. Should a court of competent jurisdiction determine that this Contract 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 Contract.
7. Insurance.
The insurance coverage shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications Division 1-07.18.
A. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
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B. Subcontractors
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GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW1415&DR0315
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The Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
8. Compliance with Laws.
A. The Contractor shall comply with all applicable federal, state, and local laws, including
regulations for licensing, certification, and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as set forth
in the Project Manual.
B. The Contractor shall pay any applicable business and permit fees and taxes which may be
required for the performance of the work.
C. The Contractor shall comply with all legal and permitting requirements as set forth in the
Project Manual.
9. Non-Discrimination.
Non-discrimination shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications and the Special Provisions Division 1-07.11.
10. Assignment.
A. The Contractor shall not assign this Contract or any interest herein, nor any money due to
or to become due hereunder, without first obtaining the written consent of the City, nor
shall the Contractor subcontract any part of the services to be performed hereunder
without first obtaining the consent of the City.
B. The Contractor hereby assigns to the City any and all claims for overcharges resulting
from antitrust violations as to goods and materials purchased in connection with this
Contract, except as to overcharges resulting from antitrust violations commencing after
the date of the bid or other event establishing the price of this Contract. In addition,the
Contractor warrants and represents that each of its suppliers and subcontractors shall
assign any and all such claims for overcharges to the City in accordance with the terms of
this provision. The Contractor further agrees to give the City immediate notice of the
-` existence of any such claim.
11. Contract Administration.
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GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW1415&DR0315
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This Contract shall be administered by on behalf of the Contractor
and by Eric C. Walrath, Project Manager,on behalf of the City. Any written notices required by the
terms of this Contract shall be served or mailed to the following addresses:
Contractor: City:
Bruch&Bruch Construction, Inc. City of Port Angeles
1706 Hwy 101 W. P.O. Box 1150
Port Angeles,WA 98363 321 East Fifth Street
Port Angeles, WA 98362-0217
12. 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.
13. Effective Date
This Contract is effective and binding as the date of the last signature affixed below.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year first set forth above.
BRUCH&BRUCH CONSTRUCTION, INC.: CITY OF PORT ANGELES:
By:
Name of Contractor
By:
Date:
Ap oved as to Form:
Title:
r
City Attorne
Date: Mk hog)
Attest:
` 'ty Clerk
GEORGIANA STREET SEWER AND STORMWATER IMPROVEMENTS PROJECT NO.WW1415&DR0315
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