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Home My WebLink About001318 Original Contract City of Port Angeles CITY CLERKS COPY Record a®1318 City of Port Angeles Public or &Utilities Dept. Engineering vwzz. 321 E,51�1 Street LIM[TED PUBLIC WORK S PROCESS Port Angeles,WA 98362 Tel: 360417-45,11 Fax: 360-417-47019 Request for Quotation Contract Contract Title: Francis Street and 10/11 Alley Asphalt Re air Project Number CON-2017-54 THIS CONTRACT is entered into the date last below written between the CITY 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" 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: EJ All work under this Contract is to be completed 30 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. El The performance period under this Contract commences 10 calendar days after notice to proceed and ends (2Q days.thereafter or after contract award). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): F� Force Account-Time and material, not to exceed: $ E] Force Account-Time and actual expenses incurred, not to exceed: F-1 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: $ 24,661.00 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 property 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-2017-54 Page 1 [FORM REVISED 7/20171 11-WiL GHSIATH WNO,41 Z AUd tg-L I OZ-NOD V 3afold a4l ol a3tiou ua:p!jm sAep OT 15UIA115 Aq 'juaipadxa waap Aew 1! spo4jaw jaAaleqm Aq �jom aqj 4sluu pue Uoajaql Slepa4ew Ile pue saspaid a44 jo uoissassod aNel pue peguo:) a44 aleuiwial Aew A4!:) aqj -9 aqj Aq juawAed leuij pue ,V,, juawq:)e:aV ui paq!j:)sap Niom aqj jo uopaldwo:)Ajopeples uodn a4eupial Ile4s peiluo:) si4_L -V J.D".LN03 :10 NOMMIKU31*9 jp a4i joj Niom ja4jjnj joj Ajqqftjaup ui jInsaj Aew pue ':ped ui jo ajo4m ui 'A4!0 aqj Aq :pej4uoD 941 jo uotsuadsns jo uoijeupial 'uoijellaoueo joj spunoib aq lle4s pue pejjuoD si4j jo uoiSlAoid lepajew e jo uoilelOIA e PaJap!SUCO aq lleqs 4dej6ejed Sp44 JO SUOISIAoid aqj jo uoijejOIA AUV 'PeIIUO:)SILIJ Japun auop Niom aqj o4 alqe,.)ildde suoijeIn6aj pue smel le:)ol pue a4els 1jejapaj Ile ql!m AIdwo:) lle4s jopej4uo:) aqi SMVI HUM 33NvndWO3 'S ,/q!:) aq4 jo uoilebilqo aqj aq jou lleqs luiajaq pajapuai JO pap!Aoid saoimas jo�ljom aqj jo Aue uo pa6ebua os al!qm IsaaAoldwa siopej4uo:) aqj jo:ped N4 uo uoissiwo jo pe jua61l6au Aue,to a:)uanbasuo:) se 4ed pj!ql e Aq apew swiep Ile pue 'Pa6ebua os al!qm 'saaAoldwa pes jo lleqaq uo pV uoi4esuadwo:) sja�joM aqj.spun aspe Aew je44 swiep Ile pue AuV -A4!:) aqj jo jou pue Aluo jo:pejjuo:)i aqj jo saaAoldwa pajapsuoo aq Ile4s 'peiluo:)siql japun jo:peiluo:)aq4 Aq paiinbai SaDimas jo Niom Aue jo a:)uewjojjad a4i ui pabe6ua apqm 1jo:pejjuo:)aqj jo saaAoldwa Ile pue/cud -ivawAoidw3 '9 -asnep uoi4eU1W1JDSlPUOU a44 JO SUOISIAoid a44 qljoj 6urpas jopeiluoD Aq pap!Aoid aq of saDijou 'juawAoldwa jol qumijdde pue saaAoldwa of alqelieAe 'sa:)eld snomidsum ui 4sod ol saajbe jol:)ej4uo:) -uot eDU!Ienb leuot jo mel Iml'o a4e4s ;Iejapaj Aq paui ap aq Aew .4 Iedn:):)o ap!j euoq e jol jdaDxa 'wueupo .4 se sa:)ue4swn3ii:)jaqjo jo Ide:)ipue4 jo luoilewjojut :)ilaua6 luoilquailo lenxas labe Ixas 'sn4e4s leq!jew 'u6jo leuotieu ljolo:) 'paaj:) la:)ej jo asneDaq pe1juo:) siql jo @:)ueLwopad aqj ut suosiad jaq10 Aue jo juawAoldwa joj 4ue:)ildde jo aaAoldwa Aue 4suie6e ajeuplimp ol jou saaj6e jopeijuoD 'uoipV aAi1ewjy4V/uoijpu'w'Jm'PuON -suopajas a4epdoidde ajew of jopejjuo:) aqj jo juaw6pnl leuoissajoid a4i uo Alai 1pm Aj!D aqj juawn:)o(] pejjuo:)aqj up pa!j!oads jou aje sajnpa:)ojd jo slepajew ajaqM -asuadxa umo sq! le swiep guns Aue puajap (legs jo:peiluo:) aqj pue alio m aAipajap Aue jo linsai e se/4!:) aqj Isule6e apew aq Aew q:)iqm swiep Ile pue Aue wojj ssalwjeq lq!:) aq4 ploq lleqs jopeiluo:) aqj_ `Aj!:)aqj Aq uoisimadns pue uoipadsul 16u!ja@ui6ua jo Isoo pue sjiedai ADua6jawa 6upfew ui /4!:)aqj Aq p,apuadxa joqel pue slepajew jo 1SOD lol palpil jou ;nq 16upnjout Niom siopeilucrj aq4 ui spajap wojj 6upInsai A4!:)aqj Aq pajagns sa6ewep lepuanbasum 6uipnIDui sa6ewep jo sasuadxa Isassol lslso:)Aue joj alqeil aq Reqs jopeiluo:) 'A4uejjeM 'D -jopejjuoD aqj Aq ped aq Reqs awes jo isoa aqj pue paqsildwo:):)e asimjaq4o aq Ipm Niom a4i 1paUpads awq aqj le suotpajim qsildwo:):)e jou scop jo:pejjuo:) aqj jUaAa a44 Uj 'Jo:peiluoo aqj Aq aujoq aq 11eqs 4so:)aqj aseo q:)iqm ui 'Al!:) aqj Aq apew aq Aew suotpajim q-Dns '4Insai Aew a0imas JO ssOf aJa4m jo Aelap wojj jjnsaj Aew a6ewep ajaqm sapua5jawa uj -awil alqeuoseai e uiLa!m Niom Bons ajaldwoD lleqs pue A4!:)Aq joaja4i AjaAo,:)sip jo wilou 6uipew jo sAep Q) uaAas uiq4!m spajap guns Apawai ol aljompejs lleqs jopeiluoD aq_L "4:) aqj Aq suoipajjoo a4l To amelclame ja)je jeaA auo joj a jom papajim aqj u! slepajew jo/pue diqsuewNjom ui spajap Ile 6u!paijo:)jol alq!suodsai aq Reqs jopej4uo:) 'apew aie spajap jo suoipaijo:) ua4M *jjom siq4 jo aouqdame jaije jeaA auo uiql!m pajamosip slelia4ew jo/pue cliqsuew�ljom ut spajap Ile 6uipajjoo joj alq!suodsai aq Reqs jo:pej4uo:) -spaja(]jo uoipajjo:) -g -spjeze4 lensnun jo umouN Isuie6e buiwem subs ja6uep Isod Ileqs pue Dilqnd a4i pue siaNiom jo uoipalojd aqj joj spien6ales kessa3au Ile 'liom a4i jo ssai5oid pue suoppuoD aqj Aq paj!nbai se Isawil Ile 4e 'uiquiew Apacloid pue paja lleqs jopeiluo:) �sapo:) pue saoueupo Isuoileln6ai I pue ale4s Ileiapal jo suoistAoid apeoildde Ile qj!m Aldwo:) (legs pue al!s Niom a44 uo saaAoldwa jo Ajajes aqj joj suoi4ne--*jd Ajessa:)au Ile aNej lleqs jopej4uo:) -A4ajeS -V 111013VIdIN03 :10 AMISISNOdS3V *V -squawmoci pejjuo:) aqj jo quawaiinbai @41 slaaw 1! pun �ljom q:)ns jol juawAed P10441!M 01 145IJ a4l aAeq lleqs AI!D aq 1 -pejjuo:) si44 jo quawaimbai aqj ql!m Aldwo:) of Niom pajinbai aip Appow jo paijoD lleqs jo:peiluo:)aq4 'pejluo:) aqj Ul 4-4joj jas quawaiinbai aqj laaw jou scop pajapuai Njom @j4j 'peiluoo aqj jo asino:) aqj 6uijnp ji -:i 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 substantlafly 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 wfli 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 Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement 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 Project CON-2017-54 Page 3 [FORM REVISED 7`2017� waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 gages, benefits and other requirements. WWorkers 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 Bidders 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 wades that must be paid. This public works project is being done in Clallam CountV. Washington State wage determinations for Clallam County Journeymen and Apprentices can be found at: htt s: qw t s.wa.00vMni�wag l ku " rvWWa eg g9kup.a p htti?s://foitress.wa.aov/lni/waaelookur)/ADprenticeWaggLoqkup,aspx Use the applicable wage determinations effective on the bid die dam. 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 RCWW 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, includling 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. 1 . 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 RE'IECTION 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 Contractors risk and expense. Project CON-2017-54 Page 4 (FORM REVISED 7/20171 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; 0 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-2017-54 Page 5 [FORM RENISED 7/2017] i IN WITNESS PHERE 7F, the parties have executed this Contract as of the date of the (last signature affixed below. LAKESIDE INDUSTRIES,TRIES, INC CITY OF PORT ANGELES Printed Name: --To Printed Name: Title: �. ' a Tithe: __.. - � ��` , . __.... .. Gate: l � Gate: I. N 0 . 13 f Address: City: Z Tax ID : ('001 Phone Number: Project ON-2017-54 Page 6 iFORM REVISED 7/2017] City of Port Angeles ATTACHMENT "A" Engineering Office WORK BY CONTRACTOR Public Works and Utilities Department 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: Asphalt repair Location: Francis Street and 10/11 Alley Site Point of Contact: Jason Hart, Water/Wastewater Field Superintendent at 360-417-4855 Work Hours and Schedule: The contractor will be allowed to work from 7:00 AM to 7:00 PM, Monday through Friday, excluding weekends and all legal Holidays. Work outside of these hours may be requested from and is at the discretion of the Water/Wastewater Superintendent, The Contractor shall provide the Water/Wastewater Superintendent a schedule, two (2)calendar days in advance of commencement of work on this project, Any deviations from the established schedule shall be coordinated through and subject to the approval of the Water/Wastewater Field Superintendent, Work Requirements: This contract incorporates the current Washington State Department of Transportation's Stanoard5peciAcations for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications(current edition). Specifications/Work Requirements: This contract incorporates the current Washington State Department of Transportation's Standard Specification for Road, Bridge, and Municipal Construction referred to herein as the Standard Specifications (Current Edition). Payment shall be"Lump Sum"for the entire work completed. Special Provisions 1-01.3 Definitions (January 4, 2016 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it,and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Project CON-2017-54 Page 7 IrtaRM REVISED 7/20171 Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief,and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods,or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions,to the terms"Department of Transportation", "Washington State Transportation Commission", 'Commission", "Secretary of Transportation", "Secretary", "Headquarters", and"State Treasurer'shall be revised to read "Contracting Agency", All references to the terms"State" or'state'shall be revised to read"Contracting Agency"unless the reference is to an administrative agency of the State of Washington, a State statute or regulation,or the context reasonably indicates otherwise. All references to"State Materials Laboratory" shall be revised to read "Contracting Agency designated location". All references to"final contract voucher certification'shalt be interpreted to mean the Contracting Agency form(s)by which final payment is authorized,and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal,which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal,from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for"Contract Bond'applies to whatever bond form(s) are required by the Contract Documents,which may be a combination of a Payment Bond and a Performance Bond, Contract Documents See definition for"Contract". Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Project CON-2017-54 Page 8 lFORNI REVISED 7/20171 Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists,wheelchairs,and equestrian traffic. All references to "Engineer" and "Project Engineer" are redefined to mean City Engineer for the City of" Port Angeles. The terms "Contract" and "Project Manual" are interchangeable. 1-04.1(2) Bid Items Not Included in the Proposal Section 1-04,1(2)is replaced with the following: "When the contract specifies Work that has no Bid item, and the Work is not specified as being included with or incidental to other Bid items, payment for the Work shall be included in an appropriate unit price or lump sum bid item in the Bid Form." 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications,ands Addenda Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence(e.g., 1 presiding over 2,2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, including APWA General Special Provisions, if they are included, 4, Contract Plans, 5. Amendments to the Standard Specifications, 6. Current edition of the City of Port Angeles Urban Services Standards and Guidelines, 7. WSDOT Standard Specifications for Road. Bridge and Municipal Construction, and & WSDOT Standard Plans for Road, Bridge,and Municipal Construction. 1-04.4 Changes in Work Section 1-04.4, Changes, of the Standard Specifications shall be supplemented with the following: All revisions, clarifications, field requests and field authorizations for construction contracts shall be documented using the"REQUEST FOR INFORMATION (RFI)"form, A construction contract change order may be initiated by the Contractor, City Inspector, or Engineer by using the RFI form contained in Contract documents. 1-05.7 Removal of Defective and Unauthorized Work Project CON-2017-54 Page 9 [FORM REVISFID 7/20171 (October 1,2005 APWA CSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents,the Engineer may correct and remedy such work as may be identified in the written notice,with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces.An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due,or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1-05.10 Guarantees Section 1-05.10 is supplemented with the following: The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1)year from the date of physical completion. The Contractor shall warrant and guarantee for a period of one (1)year from the date of physical completion of the system that the completed system is free from all defects due to faulty materials or workmanship, and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects, The City will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs,adjustments, or other work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. All costs associated with this item shall be incidental to the contract prices for the various bid items. 1-05.11 Final Inspection Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete,the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date.The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion.The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. Project CON-2017-54 Page 10 [FORM REVWD 7/2W7] If, after this inspection,the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor,will set the Substantial Completion Date. If,after this inspection, the Engineer does not consider the work substantially complete and ready for its intended use,the Engineer will, by written notice, so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection,the Contractor by written notice, shall request the Engineer to schedule a final inspection,The Engineer will set a date for final inspection, The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously,diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies,the Engineer may, upon written notice to the Contractor,take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies,the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APPA GSP) Delete the sixth and seventh paragraphs of this section, 1-06.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered_ or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e-mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. Project CON-2017-54 Page 11 [FORM REVISED 7/20171 Add the following new section: 1-05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations,the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973(WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees,who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctors care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods,and for any damage or injury resulting from their failure, or improper maintenance, use,or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site, 1-07.2 State Sales Tax (June 27, 2411 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) -07.2(l)through 1-07.2(3)are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability, The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2)describes this exception. The Contracting Agency will pay the retained percentage(or release the Contract Bond if a FHWA-funded Project)only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue,whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. Project CON-2017-54 Page 12 [FORM REVISED 7/20177� 1-07.2(2) State Sales Tax—Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to,the construction of streets, roads, highways, etc., owned by the state of Washington;water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of,a street or road drainage system;telephone,telegraph,electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system;and installing or attaching of any article of tangible personal property in or to real property,whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason,the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment,or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services(as defined in Washington State Department of Revenue Rules 138 and 244). The work on this contract is to be performed upon lands whose ownership obligates the Owner to pay Sales Tax. The provisions of Section 1-07.2(2)apply. 1-07.18 Public Liability and Property Damage Insurance Section 1.07.18 is replaced with "Attachment B" Insurance, Project Description This contract provides for the improvement to one area, approximately 4,700 SF or 525 SY, that is outlined in black on Attachment A, including the removal of existing asphalt, surface preparation, and placement of hot mix asphalt and other work in accordance with the details provided below. 1, The City of Port Angeles will provide all traffic control devices and personnel for traffic control. 2. The City shall be responsible for calling for all locates. 3. The City shall saw cut the area to be repaired. Cut lines will be marked by the City of Port Angeles. Depth of asphalt is approximately 2 inches in thickness. 4. The Contractor shall be responsible for removal and disposal of all existing asphalt and materials. 5. The Contractor shall restore grade as needed with crushed surfacing top course and compact to match existing elevation. Asphalt concrete shall be 1/2" HMA, 2"minimum compacted depth, 6. The Contractor shall be responsible for sealing the edges of the patch after paving with AR 4000. 7. The Contractor shall provide a Stormwater Pollution Prevention Plan (SWPPP), narrative and plan, for City approval prior to start of work, and implement plan during construction. Project CON-2017-54 Page 13 [FORM RFNISED 7/2017] Note: Placement of Hot Mux Asphalt on 10/11 AUey Gaff Francis Street. Illustration bdow is not drawn to scale, r viii/ / r/// � ✓� //r ,i, rlr r / '�>,��/ ��'1'��ri� /�/j'r l �i ;, d,,, ,�y r�ff'' ��6,;✓ i i�� e/ , Project CON-2017-54 Page 14 [FORM RENISID 7!2017] City of Port Angeles ATTACHMENT "B" Engineering Office Public Works and Utilities Department INSURANCE INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Inchides construction and remodeling,Janitorial semice, tree maintenance, road niaintenance,painting, electrical work phanbing, nuivers, and oil site maintenance agreements. Insurance The Contractor shall procure and maintain for the duration of the Agreement, 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 ofinsurance, 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 ill equity. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: I. Automobile Liabiliq 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. 1 Commercial General Liability insurance shall be written on ISO occurrence forin 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 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-2017-54 Page 15 [FORM RE\qSED 7/20171 I. 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 I.Jability, 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: VIL 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,inimediately 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-2017-54 Page 16 CrOR.iN1 REVISFD 7 20171 City of Port Angeles ATTACHMENT "C" Engineering Office Public Works and Utilities Department AWARDED BID Project CON-2017-54 Page 17 [FORM REViSM 7/20171 WQUOTATION FORM Project Title: Francis Street and 10/11 Alley Asphalt Repair Project Number: CON-2017-54 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. Lump Sum z '(0 t . 0 Please show your estimated amount of Rule 171 sales tax included in all of the bid items above. Refer to Section 1-07.2 in the Special Provisions, t a d 00 If you believe Rule 170 tax applies to any portion of this project, please identify and show the calculated amount of taxa 2, The bidder hereby acknowledges that it has received Addenda No(s). Enter"N/A" if none were issued to this Request for Quotation package. , 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: QntragWr Into rmati wl : 1. Company Name: L vsi r.,qs . . 2. Address: � —sox 72 r . City, State, Zip Code: t . Phone Number: -"7' 5. Contractor Registration Number: .9 V7,43 6, UBI Number: 10 7. WA State Industrial Insurance Account Number: ZZ' 8. WA State Employment Security Dept Number: t" ' " 00-3 S. State Excise Tax Registration Number: a t 7 The bidder represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract, Signed by 1A 4 Printed Fame: N Title; Date t t. . t Project: CON-2017-54 Page 3 [FORM REVISED 7/20171 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, October 31, 2017, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW,, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, L L4g,N 'LAc. Bidder's Business Name Signature of Authorized Official* M;gg=Printed Name ?roJQ_C+ Title ti.3. 0 S ............................. Date City State Check One: Sole Proprietorship 0 Partnership El Joint Venture 0 Corporation X State of Incorporation, or if not a corporation, State where business entity was formed: .............. ......................... ................. If a co-partnership, give firm name under which business is transacted: If a corporation,proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). If a co-portnership, proposal must be executed by a partner, Projea CON-2017-54 Page 4 [FORM REVISED 7/20171