HomeMy WebLinkAbout001241 Original Contract The City of Port Angeles
Record # 001241
PUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate as of the date of the last signature affixed
below, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the
State of Washington,hereinafter referred to as "the City,"and Flow Technologies, Inc, a Washington
Corporation, hereinafter referred to as"the Contractor."
WITNESSETIL
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:
I Scop;�.qf Work,
The Contractor shall do all work and furnish all tools,materials, and equipment in order to
accomplish the following project:
Marine Drive Sewer Repair, Project No.WW 01-16
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 2016 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
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
proceed from the City, and said work shall be physically completed within sixty(60)working days,
unless a different time frame is expressly provided in writing by the City.
C11'YOF PORT ANGELES
Project No.WW 0 1-16 11-2
3. Compensation and Method of Pa m ent.
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 forin.
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(CCC))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, all 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 R- uirements.
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 Department of Labor and Industries to determine the prevailing
wages that must be paid.
CITY OF PORTANGELES
Prqjmt No.WW 01-16 11-3
B. This public works,project is being done in Clallam County. Washington State
wage detenninations, for Clallarn County Journeymen and Apprentices can be
found at I Jnilwagelooku
"/jyWagelookup,aspx and at
IjqgL,�//fortre�s,swa,�lovjni/wa xe�logk�j�/ArIgLtj�g�eijgqjqo�ku pN. The
applicable wage determinations 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, hiderrulification 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 Conti-act,except as expressly provided herein.
B. Should a court of competent jurisdiction determine that this Contract is subject to IW
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 PCW, solely for the purposes of this indeirmification. This waiver has been mutually
negotiated by the parties.The provisions of this section shall survive the expiration or
termination of this Contract.
T 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 fumish 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.
B. Subcontractors
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. Comt)hance with Laws.
CITY OF PORTANGELES
Project No.WW M-16 114
A, Ilie Conti-actor shall comply with all applicable federal, state, and local laws, including
regulations for licensing,certification, a,nd operation offacilifies and programs, and
accreditation and licensing of individmis,and array other standards or criteria as,set foith
in the Pmject Muival.
B, 'flie Cbritractor shall pay any applicable business and Remift fees and taxes which may be
required for the jx-rfbnmwce of the work.
CI The Contnactor shall comply with all legal and pemiftfirig requirements as set forth in the
ProjectManuaL
9, Non,-Discrimination,
.............
Non-disc&iminataxa Mull be in accordance with and as chaos entxAm 11w Washington State
Departmem ofTransportation Standard Specificationsand the Special Provisions Division 1-07,11.
10. Ass Wjrjjt
4. git.
A, The Contractor shall,ix)t asign this Ccaract,or any interest Lierein,nor any rwney due to
or to become due hereunder, without first:obtaining thewritten 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.
& The Contractor hereby assigns to the it any and all clabris for overcharges resulting
from antitrust violations as to goods and rnateTials purchased in connection with this
Contract,cxcept as to overcluirgyes resulting from antitrust viola ions cominexicing,after
d ze date earths bid evesil, estabiishing the price af this Cmitract, In addition, the
Contractor warrants and repreients that each of its suppliers and subcorttractors shall
assign any and all iuch claims for overcharges to the City in accordance with the terms of
this provision. The Contractor fiurther agrees to give;the City immediate notice ofthe
existence of any such clahn.
11. Contract Adininistration,
T'his Contract shall be administered by on behalf'of the Contractor
and by,,LejTJjgDder Pro*ect Mana er ten notices required by the terins
on behalf of City. Any wrin
of this Contract sluill be served or inailed to the following addresses:
Qgni r,acloo: -City:
Flow Technologies Inc. City of Port Angeles
8215 SW Tualaim,SIm-wrx)dKdL,Suite 20.) 321 East Fifth Sireet
"Nalatin, OR. 97062 Port.Angeles, WA 98362-0217
MY 01,11ORT ANGELES
Proy,ct No W'W 0 1-16 11_5
12. Intervretation and Venue,
e,
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 Clallarn
County,Washington.
IN WITNESS'WIIEREOF,the parties hereto have caused.this Contract to be executed the date of
the last signature affixed below.
FLOW TECHNOLOGIES INC: CITY OF PORT ANGELES:
Name of Contractor Darty McKeen, City Manager
r
By: MukYlITOvIad Date: -7
Title: _ E _ Apoved as to rForm
M j {
q
tF
f
Date: q
William Bloor, City Attorney
Attest:
] nifer V neklasen, City Clea
PERFORMANCE BOND
to City of Port Angeles,WA
Bond No. 106721907
The City of Port Angeles, Washington, has awarded to Flow Technoloqies, Inc. _(Principal), a
contract for the construction of the project designated as Marine Drive Sewer Repair, Project No.
WW 01-16, in Port Angeles,Washington, and said Principal is required to fumish a bond for
performance of all obligations under the Contract.
Travelers Casualty and Surety
The Principal, and Coman y of America (Surety), a corporation, organized under the laws of the State of
Connecticut and licensed to do business in the State of Washington as surety and named in the
current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register
by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly
bound to the City of Port Angeles in the sum of
One Hundred Seventy Thousand Rve Hundred Fifty Five&0711 00ths _US Dollars
170,555.07
JI Total Contract Amount, subject to the provisions herein.
This statutory performance bond shall become null and void, if and when the Principal, its heirs,
executors, administrators, successors, or assigns shall well and faithfully perform all of the
Principal's obligations under the Contract and fulfill all the terms and conditions of all duty authorized
modifications, additions, and changes to said Contract that may hereafter be made, at the time and
in the manner therein specified; and if such performance obligations have not been fulfilled, this
bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the
terms of the Contract, the specifications accompanying the Contract, or to the work to be performed
under the Contract shall in any way affect its obligation on this bond, and waives notice of any
change, extension of time, alteration or addition to the terms of the Contract or the work performed.
The Surety agrees that modifications and changes to the terms and conditions of the Contract that
increase the total amount to be paid the Principal shall automatically increase the obligation of the
Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2)original counterparts, and shall be signed by the parties'duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and
original power of attorney for the officer executing on behalf of the surety,
Flow Technologies, Inc. Travelers Casualty and Surety Company of Amorica
PRI IP � ' FTY
6/16/2107
POK, 1�Svnatiure Date �szwety Sig Darr
Id 11y'Y")
, Peggy A. Firth
Printed Name Pdnted Name
Attomey-in-Fact
TOW Tile
Name, address, and telephone of local office/agent of Surety Company is:
Wells Fargo Insurance Services USA, Inc.
90 TFR-Avenue, Suite 4100, Seattle,WA 98104
CITY OF PORTANGELES
Projtxt No.WW 0 1-16 11-7
PAYMENT BOND
to City of Port Angeles, WA
Bond No. 106721907
The City of Port Angeles, Washington, has awarded toFlow Technologies, Inc. ,(Principal), a contract
for the construction of the project designated as Marine Drive Sewer Repair, Project No. WW 01-
16,
1-16, in Port Angeles, Washington, and said Principal is required under the terms of that Contract to
furnish a payment bond in accord with Title 39.08 Revised Code of Washington (RC 1J)and (where
applicable)60.28 RCW.
Traveeers Casuafty and Surety Company
The Principal,and of America (Surety), a corporation, organized under the laws,of the State of
Connecticut and licensed to do business in the State of Washington as surety and named in the
current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register
by the Audit Staff Bureau of Accounts, U.S.Treasury Dept., are jointly and severally held and firmly
bound to the City of Port Angeles in the sum
of One Hundred Seventy Thousand Five Hundred Fifty Five&07/100ths US Dollars($ 170,555.07 _)Total
Contract Amount, subject to the provisions herein.
This statutory payment bond shall become null and void, if and when the Principal, its heirs,
executors, administrators, successors, or assigns shall pay all persons in accordance with Titles
60.28, 39.08, and 39,12 RCW including all workers, laborers, mechanics, subcontractors, and
materialmen, and all persons who shall supply such contractor or subcontractor with provisions and
supplies for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and
51 RCW and all taxes, imposed on the Principal under Title 82 RCW; and if such payment
obligations have not been fulfilled, this bond shall remain in force and effect,
The Surety for value received agrees that no change, extension of time, alteration or addition to the
terms of the Contract, the specifications accompanying the Contract, or to the work to be performed
under the Contract shall in any way affect its obligation on this bond, and waives notice of any
change, extension of time,alteration or addition to the terms of the Contract or the work performed.
The Surety agrees that modifications and changes to the terms and conditions of the Contract that
increase the total amount to be paid the Principal shall automatically increase the obligation of the
Surety on this bond and notice to Surety is not required for such increased obligation,
This bond may be executed in two(2) original counterparts, and shall be signed by the parties"duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and
original plower of attorney for the officer executing on behalf of the surety.
Flow Technologies, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL SURETY
1416J71 0 Cjill& �+16/2017
�s 11 a
PrAla - ate Surety&9 t
wci Me, L,1111161dwald Peggy A. Firth
Pr�nted Name Pdnted Name
Aftomey-in-Fact
i tilie
Name, address, and telephone of local office/agent of Surety Company is:
Wells Fargo Insurance Services USA, Inc.
999 Third Avenue, Suite 4100, Seattle,WA 98104
crry oF FORT ANGELES
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V9 PRluthCx.TKS POWER OFOYS
MALID MTHOUT THE RED BORDEP
his flower ofAnorne,,us gxrarued under and bN the authority of the fislluwng reSOILHiOns adopted hay die Boards of Mrcctors of Farmington CasuahN Company,Fidehm
and Guaranty hisurance h.ompim",FidefinP and Guaraeny himmince Undc"milets, Inc- St. Paul Fire and Marine insurance Compmy, St. Pauf Guarifian Inmirance
Company, St. Paul Mercury Murance Company,Traveler's Casualty and Suiety Company, 1'raNeder,,Cisuahv and Surety Company of Aniefica,and United States
Fidchov and(huiranty Company,whach rehaions are n(m in fuIi force and effect,i-eading as fofltms�
RLSOLVEW ffix ffic Chairman,the President,anY Vice C I hauyman,am' FXeCLJfiNC'MCC Preselent,any SenicK Vwc Pteskhmi,any Vcel llresidoH,am Second Vice
Premdent,ffic1feasurce anew As, ktant'Freasurer.flie Corporate Secretary not am, Assktanl Secretary itmv appoitil Atloxnevs4p-km and Ag,,crtts to ace for and on bellaff
W the Company mid may gvc such apjh)fntiee such authority as his or net,cvrfificate of atahority maN tmescribe to sign "'ith the Conij%IYUv'S nan'w and sk"af with the
Ccmnjxmy's waf bonds,recogiJimwes,contracis of oidemnav,armed offier wrkings ohhgatory in the mmure ot a bond,PCCOkuhz.ance,or condilmnat undeilaking,and aruy
of said officcn,,or ffie Board of Direct ors at any time run ronove any such appoklice and revoke the 1K)wer given hint or hm and it is
FUMMER RESOLVEW timt the Chairman,the Presidmi,any Vice Clxdtman, mi'v Execufive Vice President.any Senim Vice fliesklm or any Vice Piesklent my
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thereof is file in the office of the Secretarymid it is
FURTHER RESOLVEJ),that a 'v n bond,recognizance,Contract of indomifly,or m'rking obhgatory in the moure of a hond,recoginzame,or condifional ue
ndrtaking
Shall bc w and and hinding ulvil the("onipany when(ay signad by the President.any Vtce(111mirman.any,Exectifive Vice Presidcnt,anv Seifior Vice President or an),Vice
President,any Second Vice tercsWem,flic'Treasurer.an) Jkssismiq'rrmsurcr,the C(n'pormc Sccretary or anV ,a,ssistant Secrcuir.v ana.d dilly attested mad sefled with the
t ompany's scab hy a Scuetary or Assistant Sccretary;od
r(b� Wy exivicuted(mider seal,if requncd,i by easenw
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any Assfstam Vice Premdem, mi) Seenelff.y,any Assistant Secietuy,atul the seat of the Company itia"% he affiud by facsimfle to an�N Power and u
f Aorney oo a
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QWf be%and and htntfing ujxmiG the Company and anN such power s0 exeltilted mid ceriffied by such flac,,imde signaiure and hicsimfle wall span be waitd arld binddq,on
ffic Company hi the fin ure, wtth tespect to ati.y, and or uncle rstartding to%%hich it is attached.
P.Kevin E.Hughes,ihe undermgned,Assistarit`secretary.offarntingmn Casuafty Company,FkiefitN and Guarmity Insurance Compint,FldefitN and Gietranty Insurance,
hic-St,flauf Fire md Mafine Insurance Company,St,Paull Guardian Rnsumnce Compan),St,Paut Mercury Insurance CIMUdry arid
Suret.v Companyl'raveIers Casuatty and Surety Company ofArbeak au„and L;inwd Sara es Mdefity and Guaranty Company chhet ehyccrtcfy ihat the Ayove and lofe-OU19
is a mw and cmect copy ofthe llcmver ot Attomey executed by said Compaines,which is it)Jun imce and effect and has not been revoked
yr
IN I'ESEIMONY WHEREOF,I have hercumo saws ninny hand and affixed the seak of said Compai6es this dav of 2(1
ghes,Asistam Sect tary
s'*O%C7 0
HAMM,
CONN,
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lo ve'rifv the alutheliticiliv of tMFlower of Attorney,cafl l-800-421-3880 or contact us w Please icler w the Aatmtey-Gnu-Fact number,the
above-mmed mdMdijak arul the details of the hood to which the power is attached.
WARNING:THS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
DECLARATION OFEMFRGENCY
Dan McKeen,the City Manager of the City of Port Angeles, finds the following t"acts:
1. After thorough investigation, it was determined a section of six-inch sanitary
sewer pipe had collapsed at the intersection of Marine Drive and Cedar Street, a major and
well-traveled intersection in the City's downtown core. This collapse is causing a back-up in the
sewer in close proximity to the City's shoreline; andm
2. The collapsed pipe is located under Marine Drive and will require a diagonal
pavement cut across the busy roadway of approximately eighty feet by nine feet. flus road is the
access to the local Coast Guard base, the Marina, and the many of the Port of' Port Angeles
facilities. Many large commercial vehicles, boat trailers, and private individuals travel this road
daily; and
I This collapse poses significant health hazards of untreated sewage leaking into the
surrounding soils, ground water, and the Port Angeles Harbor. Sewage may also back up and
contaminate surrounding businesses and homes.
4. Due to the severity of the break, its location, its impact on the City's sewer
system, and the need for immediate repair of the pipe, and restoration of the road surface I"br
vehicle safety, an emergency is Present which may necessitate activation of the City of Port
Angeles Comprehensive Emergency Manage'Inent Plan, including utilization of emergency
powers granted pursuant to RCW 5,3;3.081 and RCW 3&52.070(2).
Now, therefore, by the authority granted to arae under State law and by the City Council, we
hereby declare that an emergency exists in Port Angeles due to a sewer main collapse and that the
City is authorized to do the following:
1. Enter into contracts and incur obligations necessary to combat such emergency
situation to protect the health and safety of persons and the preservation of property; and
2. Each City department is authorized to exercise the powers vested under this
resolution in light of the emergency situation without regard to time-consuming procedures and
fon-nalities prescribed by law (excepting mandatory constitutional requirements),
DATED this 29th day of June, 2017.
Dan McKeen, City Manager
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