HomeMy WebLinkAbout001133 Original Contract 0'�.
City of Port Angeles
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Public Works & Utilities Dept.
Engineering
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321 E. 5`1 Street
Port Angeles, WA 98362
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Tel: 360
Fax: 360-417-4709
Contract Title: Fuel Station Repair
City of Port Angeles
Record # 001133
LIMITED PUBLIC WORKS PROCESS
❑ Request for Quotation
® Contract
Project Number: CON -2016-28
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND PACIFIC ENVIRONMENTAL SERVICES CO., WASHINGTON ("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: September 30, 2016 7
❑ 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 10 calendar days after notice to
proceed and ends (90 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: $
❑ 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: $13,852.44
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 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 # CON -2016-28 Page 1 Rev. 6/22/2016
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. Contractor agrees not to discriminate against any employee or applicant for employment or
any other persons in the performance of this Contract because of race, creed, color, national origin, marital
status, sex, age or handicap, or other circumstances as may be defined by federal, state or local law or
ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by Contractor setting forth the
provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or
services required by the Contractor under this Contract, shall be considered employees of the Contractor only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
5. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done
under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material
provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the
City, in whole or in part, and may result in ineligibility for further work for the City.
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the
Project # CON -2016-28 Page 2 Rev. 6/22/2016
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. 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 Contract, except for injuries and damages caused by the sole negligence
of the City.
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
Project # CON -2016-28 Page 3 Rev. 6/22/2016
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Contract.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
12. PREVAILING WAGE
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. Contractor 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 Contractor or a failure to include in Contractor's price adequate increases in such wages
during the performance of this Contract. The Contractor is advised to consult the Washington State Department
of Labor and Industries to determine the prevailing wages that must be paid.
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://fortress.wa.gov/Ini/`wagelookupJprvWagelookup.aspx
https://fortress.wa.gov/Ini/wagelookup/ApprenticeWageLookup.aspx
The applicable wage determinations to use have an effective date on the bid due date.
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.
For a contract award under $2,500, and in accordance with RCW 39.12.040(2), the Contractor or Subcontractor is
authorized to submit a Combined Statement Of Intent To Pay Prevailing Wages & Affidavit Of Wages directly to
the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington
State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities
Department.
In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute.
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
14. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
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.
Project # CON -2016-28 Page 4 Rev. 6/22/2016
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
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 # CON -2016-28 Page 5 Rev. 6/22/2016
IN WITNESS WHEREOF, the parties have executed this Contract as the date of the last signature affixed below.
PACIFIC ENVI O MENTAL SERVICES CO.
By:
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Printed Name: AVd
Title:
Date:
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Address:
CITY OF PORT ANGELES
By:
Printed Name:
Title: CIA `:: `
Date: t- 'c" ) ! 0 1 /
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city: ffLl- V)004�
Tax ID#:%Md lf-
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Phone Number:
Project # CON -2016-28 Page 6 Rev. 6/22/2016
City of Port Angeles ATTACHMENT "A"
Engineering Office
Public Works and Utilities Department WORK BY CONTRACTOR
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.
Site Point of Contact: James Burke at 360-417-4855.
Work Hours and Schedule: The Contractor will be allowed to work 7:00 AM to 3:30 PM, Monday through
Friday. Work outside of these hours may be requested and is at the discretion of the Asst. Deputy Director of
Public Works and Utilities.
Site Address: 1703 South B Street, Port Angeles, Washington 98362
1.0 Project Description
1.1 Description:
1) Mobilize equipment and labor to job site. Secure work zone with barricades and caution tape.
2) Disconnect gas dispenser wiring and remove dispenser. Set aside for future reinstallation.
3) Blow back all fuel in the fuel line to the underground fuel storage tank (U.S.T.).
4) Demolish existing Total Containment product piping and dispose of it. All debris shall be the property of
the Contractor and the Contractor shall be responsible for all fees associated with disposal.
5) Provide and install new double wall 1-1/2" APT flex piping in the existing chase way.
6) Provide and install newl-1/2" ball valve at the (U.S.T.)
7) Provide and install all necessary pipe fittings for a tight and functional system per Washington State
Department of Ecology regulations.
8) Reinstall gasoline dispenser and service wiring.
9) Perform precision product line testing per Washington State Department of Ecology regulations.
10) Purge system and test for any possible leaks and proper operation.
11) Submit to City the Washington State Department of Ecology retrofit checklist with precision line testing
report.
12) Clean up site and demobilize equipment and labor.
13) Contractor is responsible for obtaining and paying for any and all permits required.
14) Perform any special inspections that may be required per State and Federal regulations.
15) Removal and/or disposal of any contaminated soil and/or water shall be the responsibility of the
Contractor. The Contractor is responsible for all disposable fees.
The Contractor shall comply with Federal, State and Local, health, safety and accident
prevention laws, codes, regulations and ordinances which in any manner apply to the
conduct of the work and operations of the Contractor.
The Contractor shall not sublet or assign this contract, in whole or in part, without the
written authorization of the Asst. Deputy Director of Public Works.
Project # CON -2016-28 Page 7 Rev. 6/22/2016
City of Port Angeles ATTACHMENT "B"
Engineering Office
Public Works and Utilities Department INSURANCE
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 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 Oland
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 # CON -2016-28 Page 8 Rev. 6/22/2016
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: VH.
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 # CON -2016-28 Page 9 Rev. 6/22/2016
City of Port Angeles
Engineering Office
Public Works and Utilities Department
360-417-4541
ATTACHMENT "C"
ADDENDUM 1
Project # CON -2016-28 Page 10 Rev. 6/22/2016
ADDENDUM NO. 1
TO
PROJECT MANUAL
FOR
FUEL STATION REPAIR
Contract No. CON -2016-28
NOTICE TO PROSPECTIVE BIDDERS
Bid closes: Thursday, September 22, 2016
NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are
amended as follows:
1. The "Term of Contract" in paragraph 2 in the Contract Document has changed. All work
under this Contract is to be completed by October 17, 2016.
2. The bid opening date remains unchanged. The bid opening date is Thursday, September
22, 2016 at 2:00 PM.
This addendum must be acknowledged in the space provided on the Addenda Acknowledgement
in the Quotation Form submitted to the City. Failure to do so may result in the proposal being
rejected as non-responsive.
A
Craig Fult .E/
Director o1rPublic Works & Utilities
[09/20/16]
City of Port Angeles
Engineering Office
Public Works and Utilities Department
360-417-4541
ATTACHMENT "D"
CONTRACTOR'S BID
Project # CON -2016-28 Page 11 Rev. 6/22/2016
Project Title: Fuel Station Repair
Project Number: CON -2016-28
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. Bid Item — Fuel Station Repair:
Subtotal
Sales Tax (8.4%)
Total Bid
$ �zlxfl 'C
$ 1 '-1
$ 0'9��qz' 44
2. The bidder hereby acknowledges that it has received Addenda No(s). I
(Enter °N/A" if none were issued) to this Request for Quotation package.
3. 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 Informations
1. Company Name: V3 q i
2. Address: 20*1,
3. City, State, Zip Code:
4. Phone Number:
5. Contractor Registration Number: r
6. UBI Number:
7. WA State Industria! Insurance Account Number:
i
8. WA State Employment Security Dept Number: L.1
9. State Excise Tax Registration Number: 5
The bidder represents that it is qed and possesses sufficient skills and the necessary capabilities to perform
the services set forth in ' "$ntract.
Signed by -'
Title c %�
I
Printed Name: 45xt L-A- ''
Date. � — Ems.. z
Project: CON -2016-28 Page 3 Rc\, 6/22/2010
Lucy Hanley
From:
Tom Carroll <tcarrollinpt@gmail.com>
Sent:
Thursday, September 22, 2016 6:59 AM
To:
Contracts
Subject:
Fuel Station Repair quotation
Attachments:
City of Port Angeles638.pdf
Lucy:
Attached is our quotation for the Fuel Station Repair.
Please let me know the bid results.
Thank You Lucy.
Tom
Torn W. Carroll
Pacific Environmental Services Co.
Sr. Vice President Petroleum Sales & Operations
Off. (360) 385-4221
Cell (360) 301-1923
tearroll@pacenviro.net