HomeMy WebLinkAbout4.665 Original ContractWITNESSETH:
1. Scone of Work.
PUBLIC WORKS
CONTRACT
First Street Stormwater Separation, Project WW03 -2010
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This Contract is made and entered into in duplicate this d day of re 6r lac v
2 by and between the City of Port Angeles, a non charter code city of the State of
Washington, hereinafter referred to as "the City and Rohe coosTr_uc.-ric t'or T Lkk
a \■ik tkt. Col .p A hereinafter referred to as "the Contractor
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:
The Contractor shall do all work and furnish all tools, materials, and equipment in order to
accomplish the following project:
in accordance with and as described in:
A. this Contract, and
B. the Project Manual, which include the attached plans, Specifications, Special
Provisions, submittal requirements, attachments, addenda (if any), Bid Form,
Performance and Payment Bond, and
C. the 2010 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.
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2. Time for Performance and Liauidated Damages.
A. 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 149 calendar days after said notice to proceed, 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 liquidated damages as
set forth in the Project Manual, for each and every day said work remains
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, 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 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.
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 (CCO) process as set forth in the Project Manual. Following approval
of the RFI and/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 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 satisfactorily completed payment request
form and shall make payment to the Contractor within approximately thirty (30) days
thereafter.
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 anci 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
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contributions imposed or required, including, but not limited to, unemployment insurance, workers
compensation insurance, social security, and income tax withholding.
5. Prevailing Wage Reauirements.
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
Depaituient 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.
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:
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
ii. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and 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 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.
iii. 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:
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. 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.
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I iii. Builders Risk insurance shall be written in the amount of the completed value
of the project with no coinsurance provisions.
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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.
i. The Contractor's insurance coverage shall be primary insurance with 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.
ii. The Contractor's insurance shall be endorsed to state that coverage 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
proj ect.
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
subcontractors 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,
lower tier 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 obtained 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.
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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 I
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.
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
nondiscnminatory 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 and Subcontractors.
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.
B. The Contractor shall not subcontract any part of the services to be performed
hereunder without first obtaining the consent of the City and complying with the
provisions of this section.
C. In the event the Contractor does assign this contract or employ any subcontractor, the
Contractor agrees to bind in writing every assignee and subcontractor to the
applicable terms and conditions of the contract documents.
D. The Contractor shall, before commencing any work, notify the Owner in writing of
the names of any proposed subcontractors. The Contractor shall not employ any
subcontractor or other person or organization (including those who are to furnish the
principal items or materials or equipment), whether initially or as a substitute,
against whom the Owner may have reasonable objection. Each subcontractor or
other person or organization shall be identified in wnting to the Owner by the
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Contractor prior to the date this Contract is signed by the Contractor. Acceptance of
any subcontractor or assignee by the Owner shall not constitute a waiver of any
right of the Owner to reject defective work or work not in conformance with the
contract documents. If the Owner, at any time, has reasonable objection to a
subcontractor or assignee, the Contractor shall submit an acceptable substitute.
E. The Contractor shall be fully responsible for all acts and omissions of its assignees,
subcontractors and of persons and organization directly or indirectly employed by it
and of persons and organizations for whose acts any of them may be liable to the
same extent that it is responsible for the acts and omissions of person directly
employed by it.
F. The divisions and sections of the specifications and the identifications of any
drawings shall not control the Contractor in dividing the work among subcontractors
or delineating the work to be performed by any specific trade.
G. Nothing contained in the contract documents shall create or be construed to create
any relationship, contractual or otherwise, between the Owner and any
subcontractor or assignee. Nothing in the contract documents shall create any
obligation on the part of the Owner to pay or to assure payment of any monies due
any subcontractor or assignee.
H. 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 an4,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.
In addition to all other obligations of the contractor, if the contractor does employ
any approved subcontractor, the contractor shall supply to every approved
subcontractor a copy of the form, provided in the project manual, to establish written
proof that each subcontract and lower -tier subcontract is a written document and
contains, as a part, the current prevailing wage rates. The contractor, each
approved subcontractor and each approved lower -tier subcontractor shall complete
and deliver the form directly to the City.
11 Contract Administration.
This Contract shall be administered by Pottle_ S. tegv. on behalf of the Contractor
and by Michael Szatlocky, PE 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:
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:
QbAfl Cot4ST¢ r By:
Name of Contr
By:
Title:
J�N rey M. Kanye
President
CITY OF PORT ANGELES
Approved as to F
Attest:
City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, WA 98362 -0217
City Manage
City Attorney
TO Columbia Bank
Kent Branch
ESCROW AGREEMENT for RETAINED PERCENTAGE
First Street Stormwater Separation, Project WW03 -2010
Escrow No.: 7O ch'ZZD 7/
City of Port Angeles Contract No. WW03 -2010
Completion Date: 7/31/11
THIS ESCROW AGREEMENT is for the investment of the
retained percentage of the above contract, in accordance with
chapter 60 28 of the Revised Code of Washington. It is limited
to FDIC insured Washington State Chartered Banks who are
covered by the State of Washington Public Deposit Protection
Act. Road Construction
The undersigned. Northwest, Inc. (as
"Contractor"), has directed the CITY OF PORT ANGELES (as
"City to deliver to you its warrants which shall be payable to
you and/or the contractor. The warrants are to be held and
disposed of by you in accordance with'the following instruction:
INSTRUCTIONS
1 Upon delivery the warrants shall be endorsed by you
and forwarded to the City for collection. You shall use
the monies to purchase i nvestments selected by the
Contractor and approved by the City. You may follow
the last written direction received by you from the
Contractor, for each purchase, provided the direction
otherwise conforms with this agreement. Acceptable
investments are
A Bills, certificates, notes or bonds of the United
States,
B Other obligations of the United States or its
agencies,
C Obligations of any corporation wholly owned by
the Government of the United States;
D. Indebtedness of the Federal National Mortgage
Association
E Time deposits in commercial banks;
F. Other investments, except stocks selected by the
Contractor, subject to express prior wntten
consent of the City.
2. The investments shall be in a form which allows you
alone to reconvert them into money if you are required to
do so by the City
3 The investments must mature on or prior to the date set
for the completion of the contract, including extension
there of or thirty (30) days following the final acceptance
of the work
4 When interest on the investments accrues and is paid,
you shall collect the interest and forward it to the
Contractor unless otherwise directed by the Contractor
5 You are not authorized to deliver to the Contractor all or
any part of the investments held by you pursuant to this
agreement (or any monies denved from the sale of such
investments, or the negotiation of the City's warrants)
except in accordance with the written instructions from
the City Compliance with such instructions shall relieve
you of any further liability related thereto.
6. In the event the City orders you, in wnting, to reconvert
the investments and return all monies, you shall do so
within thirty (30) days of receipt of the order.
7 The Contractor agrees to compensate you for your
services in accordance with your current published
schedule of applicable escrow fees Payment of all fees
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shall be the sole responsibility of the Contractor and shall
not be deducted from any monies placed with you
pursuant to this agreement until and unless the City
directs the release to the Contractor of the investments
and monies held hereunder, whereupon you shall be
entitled to reimburse yourself from such monies for the
entire amount of your fee
8 This agreement shall not be binding until signed by both
parties and accepted by you
9 This document contains the entire agreement between
you, the Contractor. and the City, with respect to this
Escrow, and you are not a party to, nor bound by any
instrument or agreement other than this You shall not be
required to take notice of any default or any other matter,
nor be bound by nor required to give notice or demand,
nor required to take any action whatever except as herein
expressly provided You shall not be liable for any loss or
damage not caused by your own negligence or willful
misconduct
CONTRACTOR
FederalJ,ax -Lp No
By.
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Jeffrey
PO Box
Title
Address
By
Title
DATE:
Address
DISTRIBUTION.
City Clerk
Financial Institution
Contractor
File Copy
13 4247149
Kanyer /President
188
Renton, WA 98057
Z -Z -1/
DATE.
CITY OF PORT ANGELES
BANK
B id
Title OCt-'t �2-►�
504 West Meeker St
Kent, WA 98032
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THE ABOVE ESCROW AGREEMENT R CEIVED AND
ACCEPTED on the 2 day of r 20 11