HomeMy WebLinkAbout4.535 Original Contract
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PROJECT MANUAL
MEZZANINE STORAGE AT CORP YARD
Project 06-27
SCOPE OF WORK
The work to be provided under this contract includes the design and installation of a
mezzanine storage structure, approximately 25 feet wide by 22 feet long, to fit a
designated location inside an existing building at the City's Corp Yard, at 1703 South B
Street.
The mezzanine is to meet the following requirements:
. Design Live Load of 125 PSF
. Deck Height of 8 to 9 feet; plywood decking with a minimum thickness of 1-1/8"
. Minimum height clearance of 7 feet
. All necessary columns, wide flanged beams, formed joists, and site-specific
drawings stamped by a professional Engineer licensed in the State of
Washington
. 42" high 3-rail railing with kickplate around the deck
. Minimum 36" wide straight internal stair system designed per IBC2003 code, with
closed treads and risers, and hand rail
All work to complete the installation, including the furnishing of all plant, labor tools,
equipment and material needed in the placing of all necessary parts, structures, fittings
and appurtenances, is included in the bid.
ADDITIONAL REQUIREMENTS
~ T~e li:lia s~QIlli:le suli:lmittea €If! t~e Btta@~oa ~ia Form Bf!a mi3ilea er aolivomd to
the DireetGr €If Puli:lli@ \f\/Gfl~s R Utilities, City €If Pert l'.nQole~, 321 Ea~t Fifth
StfOot, P. O. 8m, 1 HiO, PGrt l'.nQoles, \Ni3~~inQtQfI 98362, fiG 13tor thi3f1 1 :30pm,
Tucsaay, .Jblly 25, 2006.
2. Questions may be directed to Bill Beverford at 360-417-4855. Access to the site
to view the specific location where the structure is to be constructed may be
arranged through Mr. Beverford as well.
3. The most recently issued Washington State Prevailing Wage Rates for Clallam
County, a copy of which is attached to this Project Manual, shall apply to this
Contract.
4. The bid may be awarded to the lowest responsible bidder from the group of
Small Works Roster contractors asked to bid on this work. If the bid is awarded,
the attached Contract will then be signed, requiring the Contractor to meet the
requirements in the Contract as well as the entire Project Manual. No bidder will
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be permitted to withdraw its bid between the closing time for receipt of bids and
the execution of a Contract, unless the award is delayed for a period exceeding
sixty (60) calendar days.
5. Because this Contract is for an amount less than $35,000, a bid bond,
performance and payment bond, and retainage will not be required for this work.
However, the City shall have the right of recovery against the Contractor for any
payments made on the Contractor's behalf.
6. The performance period for this work is 60 working days. Contractor is to
mobilize and start work within 40 working days of approval of engineered
drawings.
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BID FORM
MEZZANINE STORAGE AT CORP YARD
Project 06-27
The bidder hereby bids the following amounts for all work (including labor,
equipment, time and materials, and freight) required to install the mezzanine
and related appurtenances as required in the Scope of Work.
Lump Sum
$ \s, "6 ~'7 . Cbo
Sales Tax (8.4%) $
\ J 'bOO. 1:>5
I, / ILR7. <t 5
Total Bid $
The bidder hereby acknowledges that it has received Addenda No(s). IJ/ A
(Enter "N/A" if none were issued) to this Project Manual.
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.
Bidder's firm name \-\-AU-lb~ €1ili.l P Mrn- ~ ~L
Complete address ~2.OD S lOfJ,...J ~t
(Street address)
~~J\
(City)
Registration Number ~lee..l O(~ N
UBI Number ~lDOO ! o~S. 4uot
vJA- g~O~'2:-ll~
(State) (Zip)
Printed Name:
~2S'2-~\' '5100
~llA~
~ V J~ ~I(.pttl
Telephone No.
Signed by
Title
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PUBLIC WORKS
CONTRACT
WITNESSETH:
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:
1. Scope of Work.
The Contractor shall do all work and furnish all tools, materials, and equipment in order
to accomplish the following project:
MEZZANINE STORAGE AT CORP YARD
Project 06-27
in accordance with and as described in this Contract and the Project Manual, which include the
attached plans and scope of work, 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 and Liquidated Damages.
a. Time is of the essence in the performance of this Contract and in adhering to the
time frames specified herein. The performance period for this work is 60 working
days. Contractor is to mobilize and start work within 40 working days of
approval of engineered drawings, unless a different time frame is expressly
provided in writing by the City.
b. If said work is not completed within the time for physical completion, the
Contractor may be required at the City's sole discretion to pay to the City
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liquidated damages of $100.00 for each and every day said work remams
uncompleted after the expiration of the specified time.
3. Compensation and Method of Payment.
a. The City shall pay the Contractor for work performed under this Contract as
detailed in the bid, at the completion of work and submission of a detailed
mVOIce.
b. Payments for any alterations in or additions to the work provided under this
Contract shall be on a negotiated time and materials basis.
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 Requirements.
The Contractor shall comply with applicable prevailing wage requirements of the
Washington State Department of Labor & Industries, as set forth in Chapter 39.12 RCW and
Chapter 296-127 WAC. The Contractor shall document compliance with said requirements and
shall file with the City appropriate affidavits, certificates, and/or statements of compliance with
the State prevailing wage requirements. The Washington State Prevailing Wage Rates For
Public Works Contracts, Clallam County, incorporated in this Contract have been established by
the Department of Labor & Industries and are included as an Attachment to this Contract. The
Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply
with the prevailing wage and documentation requirements as set forth herein.
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 suits, including attorney fees, arising out of or in connection
with the performance of this Contract, except for injuries and damages caused by
the sole negligence of the City.
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b. Should a court of competent jurisdiction determine that this Contract is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to
the extent of the Contractor's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or
termination of this Contract.
7. Insurance.
The Contractor shall procure and maintain for the duration of the Contract, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Failure by the Contractor to maintain the
insurance as required shall constitute a material breach of contract upon which the City may,
after giving five working days notice to the Contractor to correct the breach, immediately
terminate the Contract or at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on
demand, or at the sole discretion of the City, off set against funds due the Contractor from the
City.
a. Minimum Scope of Insurance
The Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
11. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 Oland shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products-completed
operations, 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. 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
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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.
111. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
IV. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub-contractors in the work. Builders Risk insurance
shall be on a all-risk policy form and shall insure against the perils of fire
and extended coverage and physical loss or damage including flood and
earthquake, theft, vandalism, malicious mischief, collapse, temporary
buildings and debris removal. This Builders Risk insurance covering the
work will have a deductible of $5,000 for each occurrence, which will be
the responsibility of the Contractor. Higher deductibles for floor and
earthquake perils may be accepted by the City upon written request by the
Contractor and written acceptance by the City. Any increased deductibles
accepted by the City will remain the responsibility of the Contractor. The
Builders Risk insurance shall be maintained until final acceptance of the
work by the City.
b. Minimum Amounts of Insurance
The Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1 ,000,000 per accident.
11. Commercial General Liability insurance shall be written with limits no
less than $3,000,000 each occurrence, $3,000,000 general aggregate and a
$3,000,000 products-completed operations aggregate limit.
111. Builders Risk insurance shall be written in the amount of the completed
value of the project with no coinsurance provisions.
c. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance.
1. The Contractor's insurance coverage shall be primary insurance as respect
to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and
shall not contribute with it.
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11. The Contractor's insurance shall not be cancelled or reduced as to
coverage by either party, except after forty-five (45) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
d. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
e. Verification of Coverage
The 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 Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to
loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
f. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
g. Waiver of Subrogation
The Contractor and the City waive all rights against each other, any of their
Subcontractors, Subcontractors, agents and employees, each of the other, for damages
caused by fire or other perils to the extent covered by Builders Risk insurance or other
property insurance obtain pursuant to the Insurance Requirements Section of this
Contract or other property insurance applicable to the work. The policies shall provide
such waivers by endorsement or otherwise.
8. Compliance 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 performance of the work.
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c. The Contractor shall comply with all legal and permitting requirements as set
forth in the Project Manual.
9. Non-discrimination.
The parties shall conduct their business in a manner which assures fair, equal and
nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national origin,
and, in particular:
a. The parties will maintain open hiring and employment practices and will welcome
applications for employment in all positions from qualified individuals who are
members of the above-stated minorities.
b. The parties will comply strictly with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the establishment
of nondiscriminatory requirements in hiring and employment practices and
assuring the service of all patrons and customers without discrimination with
respect to the above-stated minority status.
10. Assignment.
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.
b. 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, the 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.
11. Contract Administration.
This Contract shall be administered by Jv\A(b{ J'A-N~ MULl I on behalf of the
Contractor and by Terri Partch on behalf of the City. Any written notices required by the terms
of this Contract shall be served or mailed to the following addresses:
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. '
Contractor:
City:
i1A(L~l&)t.j "E&LUfM~ to I ~c..
~.3o ~ Icr,J." c::l s:,
~e~.n", uA 9 ~O~2-
City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, W A 98362-0217
12. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
the day and year first set forth above.
CONTRACTOR:
~ A ~rc.\ ~\) N full lPf\IlCY\A t,o I IJL
Name of Contractor
CITY OF PORT ANGELES:
By:_MN.M.~l~~_
~r
Title: V P
BY:! p
1Y~~
J4c.i:fty Manager (Mayor if>$15K)
17~toM
City Attorney
Attest:
AO~i~' ~~A.
City rk
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