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HomeMy WebLinkAbout001392 Original Contract CITY CLERKS COPY City of Port Angeles Record #00 13 92 PROJECT T MANUAL. for MARINE DRIVE SEWER REPAIR, PHASE 2 PROJECT NO. WW©118 0pORT A,ry : CITY OF PORT ANGELES WASHINGTON 2018 CRAIG FULTON, P.E.p DIRECTOR OF PUBLIC WORKS & UTILITIES For information regarding this project, contact: Jeffrey Bender, City of Port.Angeles ibender@cityofPa.us PUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate by and between the City of Port Angeles, a non- charter code city and municipal corporation of the State of Washington, hereinafter referred to as"the City,"and 2 Grade LLC, a Washington Corporation,hereinafter referred to as"the Contractor." WI"fNESSETIL 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 teens,conditions, and agreements contained herein., the parties hereto agree as follows: I. Scope of' r . The Contractor shall do all work:and furnish all tools,materials,and equipment in order to accomplish the following project: Project Name: Marine Drive Sewer Repair— Phase 2 Project No.: WWO118 in accordance with and as described in A. this Contract,and B. the Project Manual, which includes 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 thirty(30) working days after said notice to proceed,unless a different time frame is expressly provided in writing by the City. c,rry of PORT ANGELES Pmwject Net.wwO118 Il-t 1 Compensation.and Method of Payment. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, and as incorporated in the Project Manual. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work tendered 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 tile City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request for Information(RFI)and/or Construction Change Order(CCC))process as set forth in the Project Manual. Following approval of the RFI arid/or CCO,the Contractor shall submit the standard payment request form(s), E. The Contractor shall submit payment requests with a completed and unaltered Application for Payment form,an example of which is included in the Attachments to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for Payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a complete Application For Payment and shall make payment to the Contractor within approximately thirty(30)(lays thereafter. 4. Independent Contractor Relgimshitt. 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. PrevailinyWayze Re irements. .--- 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 PORT ANGELES Project No.WW01 18 11-2 B. This public works project is being done in Clallam County. Washington State wage dete nations for C.`lallam County:lounge en and Apprentices can be found at tip //c rtr pp lura l� gel+ Y�alla a1�"w�ragelra��Cau .as s crud at l twtp // rtre s w .,g wxf raif c l we .0 la ;l l reunt� . . ag MN. -flie applicable wage determinations to use are those effective on the bid clue date. C. A copy efthe applicable wage rates is available for viewing at the Port Angeles Public Works and.Utilities Contracts Office. In addition,this agency will avail a hard copy of the applicable wage rates upon request 6. Indemnification and hold Harmless. A. The Contractor shall defend„ indemnify, and hold harmless the City, its officers,officials, employees,and volunteers against and from any and all claims, injuries, damages, losses, or lawsuits, including attorney fees,arising out of or in connection with the performance of this Contract„ except for injuries and damages caused by the sole negligence of the City. It is further provided that no liability shall attach to the City by reason of entering into this Contract, except as expressly provided herein, B. Should a court of competent jurisdiction determine that this Contract is subject to I CSW 4,24.11 a, 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 1 RC `, solely for the purposes of this indemnification, This waiver has been mutually negotiated by the parties.The provisions ofthis section shall survive the expiration or termination of this Contract. 7. Insurance. The insurance coverage shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications Division 1-07.18. A: Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,including but not Irrited 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, CFFY of PORT ANGELES Project No.ww°ww o 118 11-3 8, Ccompliance with Laws. A. 'The Contractor shall comply with all applicable federal, state, and local laws,including regulations for licensing,certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual, B. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the perforniance of the work. C. The Contractor shall comply with all legal and permitting requirements as set forth in the, Project Manual. 9. Non-Discrimination. Non-discrimination shall be in accordance with and as described in the Washington State Department of'fransportation Standard Specifications and the Special Provisions Division 1- OTIL 10. Assianment. A. The Contractor shall not assign this Contract or any interest herein,nor any money due to or to become due hereunder,without first obtaining the written consent of the City,nor shall the Contractor subcontract any part of the services to be performed hereunder without, first obtaining the consent of the City. & 'The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition,tile Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. IL Contract Administration. This Contract shall be administered by on behalf of the Contractor and by Jeffrey Bender, Project Manager,on bffialf of tity. Any written notices required by the terms of this Contract shall be served or mailed to th Kfollowing addresses: Contractor: Qfty: 2 Grade LLC City of Port Angeles PO Box 1570 321 East Fifth Street Port Angeles,WA 98362 Port Angeles, WA 98362-0217 11 Ince,roret abion 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 Clallain County,Washington, CITY OF PORT ANGELES Pn)jtct No,WWO 118 114 IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed the date of the last signature affixed below. 2 GRADE, LLC: CI'TY OF RYRT ANGELES: Marne of Contractor lean McKeen, City Manager By: 11,01" Date: Ike: Approved as to Farre: Date: &J 1 illiarn Bloor, ty Attearne Attest:. ennifi: Vdneklasen, City Clerk CrrY OF PORTANGELES Prgjccc No."VWWOI 18 U-5