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Home My WebLink About4.478 Original Contract '" .. </. -<17 g PROJECT MANUAL 30-lnch Concrete Cylinder Water Main Repair Project 02-20A SCOPE OF WORK Assist City crews in the repair of a section of 3D-inch concrete cylinder water main that ruptured near the Olympic National Park Headquarters south of Park Avenue. All work as directed by the City of Port Angeles to assist in the completion of the repair, including the furnishing of labor, tools, equipment and material needed in the placing of all necessary pipe, joint restraints, fittings and appurtenances, is included in the total cost. See the attached Inspection Report for location of repair. The attached Invoice is a breakdown of the total cost to complete the work. Due to the nature of the emergency repairs, the work was completed without a formal bidding process. The Contractor is on the Small Works Roster and had labor and equipment available to mobilize on short notice. PW-407_10 [rev. 9/28/04] Small Works Roster Project Manual Page 1 of 6 CONTRACT AWARD 30-lnch Concrete Cylinder Water Main Repair Project 02-20A The Contractor completed work in the following amount for all work (including labor, equipment, time and materials) required to assist the City in repairing the water main break as required in the Scope of Work. Lump Sum $ 4.767.50 395.70 Sales Tax (8.3%) $ Total Bid $ 5.163.20 Bidder's firm name Jordan ExcavatinQ, Inc. Complete address 1826 Golf Course Road (Street address) Port AnQeles. W A 98362 (City) (State) (Zip) Registration Number JORDAEI9830F UBI Number 602 191 5050 Telephone No. 360-452-3270 PW-407_10 [rev. 10/29/03] Small Works Roster Project Manual Page 2 of 6 \,,11 , UI"" t'UMI AI\lut:Lt:~ DEPARTMENT OF PUBLIC WORKS . . . . . . . . INSPECTION REPORT. . . . . .,'. . . '. . ' REQUEST: Date . 8 - 2~ -OLf Time 3'.36 A V\-. Received by De",-",-~c.... E.. 8personl Location of Work to be inspected We..sot 0 ~ 0 N P Name of person requesting inspection ~"'\i\..l''S E. Addre's~ of person requesting inspection cr Dr P '-( o....rJ. Type of Inspection (circle appropriate one): Sewer Foundation Framing Chimney Plumbing Final AJ.~~ "l.. 0 ~1C.e... Phone NQ. tf I 7 -if8 tf9 Permit No. Sewer Excav. Other ~+<...r INSPECTION NOTES: Inspected: Date R -z..<a -- olf Time ~ c:, fJf..A Remarks: Refkl"r ~ C'c .c..o~(..c~f-~ Cyh~e..y ~~ ~re..~ . ~_ .. r- By ~O'l ""Lc c; c." re,,>~re s<.JrraVOl\.Jl~ RESTORATION REQUIRED . . . . .. YES NO 2 .. 8" .tI L . Se""'Vi~e ~cO. (0 N p) o Unimproved 0 Gravel o Repaired by City o Repaired by Permittee o No Damage Found o Asphalt OPCC ~Other '7IWlb~re.L Work Order # 1'f~('1-oo2- o COMPLETE o INCOMPLETE (Continue on reverse side if necessary) STREET SUPERINTENDENT (DATE) Jordan Excavating, Inc. 1826 S. Golf Course Road Port Angeles, W A 98362 Invoice Date Invoice # 8/31/2004 1064 Bill To City of Port Angeles P.O. No. Terms Project Park St. Waterline Net 15 Quantity Description Rate Amount Park Street Water Line Break 8/24/04 I Mob - In Per Hour 100.00 100.00T 13 Excavator - Ground Work 120.00 1,560.00T 7 Labor 45.00 315.00T 6 Dump Truck - Solo - Haul Waste 75.00 450.00T 8/25/04 10 Excavator - Ground Work 120.00 1,200.00T 8/26/04 4 Excavator - Ground Work 120.00 480.00T 7.5 Dump Truck - Solo 75.00 562.50T I Mob - Out Per Hour 100.00 100.00T Tax 8.30"10 395.70 Total $5,163.20 PUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate this latA.. day of --f) ~:I.J,~)J, 20-M-, by and between the City of Port Angeles, a non-charter code city ofthe State of Washington, hereinafter referred to as "the City", and Jordan Excavating, Inc. , a Washington Corporation, hereinafter referred to as "the Contractor". 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: 30-lnch Concrete Cylinder Water Main Repair Project 02-20A 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. Contract performed under emergency authorization; work is to be completed as soon as possible. 3. Compensation and Method of Payment. a. The City shall pay the Contractor for work performed under this Contract as detailed on the invoice, at the completion of work and submission of a detailed InVOIce. PW-407_10 [rev. 9/28/04] Small Works Roster Project Manual Page 3 of 6 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. 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 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. PW-407_10 [rev. 10/29/03] Small Works Roster Project Manual Page 4 of 6 ,a 7. 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. c. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 8. 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 ofthe 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. 9. 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. PW-407_10 [rev. 10/29/03] Small Works Roster Project Manual Page 5 of 6 .1 10. Contract Administration. This Contract shall be administered by Jeffrey Konopaski on behalf of the Contractor and by Stephen Sperr on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: Contractor: City: Jordan Excavating, Inc. 1826 Golf Course Road Port Angeles, W A 98362 City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, W A 98362-0217 11. 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: CITY OF PORT ANGELES: Jeffrey Konopaski Name of Contractor By: ~~ City Manager--"" By: frv~~ Title: ;:J~/dt'~ A!Pjved as to Form: W~ ~ City Attorney Attest: bo,,2>~. J..JptbA City rk PW-407_10 [rev. 9/28/04] Small Works Roster Project Manual Page 6 of 6