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Home My WebLink About001284 Original Contract 1 "'ITYCLERK'S COPY , /// �/�� 0 'Ma 1 r „ / City of dor ,Angeles r „ �1 i r irr rr rr r i : / �" ��,,;� f� On to 'r / r r / ....... f / MEMO /THS. C:tT ( OF ", NP A GE 'i. ES 4* k W A S H I N G T 0 N , U . S PUBLIC WORKS & UTILITIES DEPARTMENT ADDENDUM NO. I TO Small Works Foster Contract FOR Elks Parking Lot Repair PROJECT NO. CON-2017-28 NOTICE TO PROSPECTIVE BIDDERS Bid Opening July 18, 2017 NOTICE IS HEREBY. GIVEN that the instructions and requirements of the subject bid are amended as follows: ADDITIONS, MODIFICATIONS,AND/OR DELETIONS 10 THE CONTRACT p'ROVISIC NS 1. 1.0 Project Description. is supplemented as follows: a. The parking lint repair work also includes excavating and backfilling a 1"Acte trench as indicated on the project planus for electrical conduit to be installed by City Light. 2. 2,1 Special Provisions Section 1-018.5 Time for Completion; REPLACE This project shall be physically completed within 10 working days. WITH' This project shall be physically completed within 12 working days. . 2.1 Special Provisions Section 5-014.5 Payment: REPLACE The unit Contract price per square foot for"HMA for pavement Repair Cl.—PG—"shall be full compensation for all costs Incurred to carry out the requirements of Section 5-04 and this contract including„ but not limited to, pavement sawing, removal, haul, and disposal of existing asphalt pavement,excavation, haul,and disposal of existing subgrade material, provision and installation of soil residual herbicide, haul, placement,and compaction of crush surfacing base course, haul, placement,compaction of hot mire asphalt„ sealing of pavement joints and moving and resetting of concrete curb stops.. WITH Elks Parking Lot Repair Project.No. CON-20117-28 ADDENDUM NO. 1 7/5/2017 The unit Contract price per square foot for~HIVIA for Pavement Repair C|��_,m�| ��U unmpenaaUmm�vmUcosts incurred t000nyout the requineme�aufSeobnn5-&4undthis contract including, but not limited to, pavement sawing, removal, haul, and disposal of existing asphalt pavement,excavation, haul, and disposal of existing subgrade material, excavation, haul and backfill for electrical conduit to be installed by others, provision and installation of soil residual herbicide, haul, placement, and compaction of crush surfacing base course, haul, placement, compaction ofhot mix asphalt, sealing ofpavement joints and moving and resetting ufconcrete curb stops. 4. 2.1 Special Provisions Section 8-04.5 Payment: REPLACE The unit Contract price per liner foot for"Cement Cono. Traffic Curb" shall befull compensation for all costs incurred to carry out the requirements ofSmcfion 8-04 and this contract including, but not limited to, removal, haul, and disposal of existing asphalt pavement, excavation, haul, and disposal of existing subgrade material, provision and installation of root control barrier, haul, placement, and compaction of crush surfacing base course, provision and installation of expansion joints, and placement ofcement concrete traffic curb. WITH The unit Contract price per liner foot for"Cement Conc. Traffic Curb"shall be full compensation for all costs incurred to carry out the requirements of Section 8-04 and this contract including, but not limited to, removal, haul, and disposal of existing asphalt pavement, excavation, haul, and disposal of existing subgrade material, excavation, haul and backfill for electrical conduit to be installed by others, provision and installation of root control barrier, haul, placement, and compaction of crush surfacing base course, provision and installation of expansion joints, and placement ofcement concrete traffic curb ADDITIONS MODIFICATIONS, AND/OR DELETIONS TO THE CONTRACT PLANS Figure 2: Elks Parking Lot ` REPLACE Figure intheir entirety WITH Figure attached to this addendum, The Bid Opening Date for this project has not been changed from 2:00 p.m. local time on Tuesday, July 18` 2017. ' This addendum must be acknowledged in the space provided on the Bid Form in the Instructions to Bidders that is submitted tothe City. Failure tQdnsomay result inthe proposal being rejected as non-responsive. Teresa Reed-Jennings, P.E. City Engineer Elks Parking Lot Repair Project No. CC}PW-2017-28 ADDENDUM NO. 1 7/5/2017 71 40 co q p � lilt : CL �� < > � U - Ul r- LL r ;w r r f � l/1 J r City of Poil Angeles K ,.A -t Angeles Record # 0011284 City of Pot Public Works&Utilities Dept. Engineering Office 321 E.Fifth Street SMALL WORKS ROSTER Port Angeles,WA 9S362 TeL 360-4, 17-4541 Fax:360-417-4709 F-1 Request for Bid Contract Contract Title: Elks Parking Lot Repair Project Number: CON-2017-28- THIS CONTRACT is entered into the date last below written between the Cm OF PORT ANGELES, WASHINGTON ("City") AND LAKESIDE INDUSTRIES, INC., WASHINGTON ("Contractor"). 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment A (Attachment A includes Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) that 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_-!Q—calendar days after notice to proceed and ends (10 working days thereafter), 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract(check one): Force Account -Time and material, not to exceed: $ El Force Account- Time and actual expenses incurred, not to exceed: F1 Force Account- unit prices set forth in the Contractor's bid or quote, not to exceed: M Firm Fixed Price set forth in Contractor bid or quote in the amount of: $66J 7820 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 alll 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 that 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 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. E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the (CON-2017-28) Page 1 Rev. 11/28/2016 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. Warranty. Contractor shall be responsible for correcting all defects in workmanship and/or materials discovered within one year after acceptance of this work. After correcting defect, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after the City accepts the corrections. 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. Damages. 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 that 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. When 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 those employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. S. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment A and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the 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. 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INSURANCE, BONDS, & RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds and retainage will apply in accordance with Washington State law. A retainage of 5% will then be applicable to this contract, The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal Form, Performance and Payment Bond form, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works &Utilities (Telephone 360-417-4541). Performance Bond and Retainage forms are provided in Attachment C.The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10)calendar days from the date the notice of award is delivered to the bidder. Such bonds shall be on the form provided by the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bonds as the person authorized to execute it(them). 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. 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 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 Clailarn County Journeymen and Apprentices can be found at: h oftres swa,00v&njLwaqglookp nfflaoe[ookuo.A-SP—X kqpasx The applicable wage determinations to use have an effective 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, the City 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 ands 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. Page 4 Rev. 11/28/2016 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. 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, 11.8. 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 property 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. (CON-2017-28) Page 5 Rev. 11/28/2016 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) or Construction Change Order (CCO) process as set forth in the Contract Documents. Following approval of the RFI 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 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 the date of the last signature affixed below. LAKESIDE IN INC CITY 0 T ANGELES By: By- % Printed Name: f";Vo— I 'S Printed Name:.-- C"n Title: ?rosg—CA ryle'AaCiA�r Title:- ("'A Date: 1m 14 . 1-7, Date: Address: City: A L&LS A q P16 7- APPROVED AS TO FORM: Tax ID #: BY: CITY ATTORNEY Phone Number: 3 6o - 4 5 t -7103 ATTEST: BY: 4"CL, .k--C4- CITY CLERK (CON-2017-28) Page 6 Rev. 11/28/2016