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HomeMy WebLinkAbout2019-11-27 Bid Specifications - Adams Street Curb to Washington Street BID DOCUMENT COVER SHEET Project Name: Adams Street Curb Ramps at Washington Street Description of Project: The work includes the construction of curb extensions, ADA curb ramps, sidewalks, a catch basin, stormwater pipe, and preparation for raingarden installation, all located on the south side of Washington Street at the Adams Street intersection. The work also includes sawcutting, the removal of asphalt and concrete and asphalt patch. The Bid Set Plans are included within these Contract Documents. Bid Deadline:Wednesday, November 27, 2019 12:00 PM City of Port Townsend, City Hall 250 Madison Street, Suite 2 Port Townsend, WA 98368 or via email to: stiffany@cityofpt.us Proposal Submitted By: Name: Address: Phone: Email: INVITATION TO BID Project Name. Adams Street Curb Ramps at Washington Street Project Description. The work includes the construction of curb extensions, ADA curb ramps, sidewalks, a catch basin, stormwater pipe, and preparation for raingarden installation, all located on the south side of Washington Street at the Adams Street intersection. The work also includes sawcutting, the removal of asphalt and concrete and asphalt patch. The Bid Set Plans are included within these Contract Documents. City representative for this project. Technical questions regarding this project may be directed to Laura Parsons, P.E. via email lparsons@cityofpt.us or by phone at (360) 379-4432. Questions regarding the bid process may be emailed to: Sarah Tiffany at stiffany@cityofpt.us Questions which may impact the project or bid will be answered, in writing, in the form of an addendum and distributed to the contractors or firms appearing on the plan holder’s list. Schedule and Completion Time. The successful bidder will have 15 working days from the Notice to Proceed to physically complete construction. Work may occur between Monday December 9, 2019 and Tuesday December 31, 2019. No work shall occur on weekends or City recognized holidays (Christmas Eve & Christmas). Jefferson County PUD is completing work in the vicinity of this project the week of December 2. It is the City’s intention that the selected Contractor would follow immediately thereafter with the installation of this contracted work. Liquidated Damages.Liquidated damages for delay of $100.00 per day will be assessed for each day that expires after the date of substantial completion. Bid Submittal.Bidders may submit sealed bids mailed to the instructions to Bidders or may send an electronic copy via email to stiffany@cityofpt.us Date for Bids. Bids will be accepted until 12:00pm Wednesday, November 27, 2019, hand delivered or mailed to City Clerk’s Office, 250 Madison Street Suite 2, Port Townsend, WA 98368 or bids may be delivered electronically to Sarah Tiffany at stiffany@cityofpt.us. It is the bidder’s responsibility to request verification the bid has been received when submitting a bid electronically. Any bids received after the specified time and date will not be considered. Prescribed Forms. Each bid must be submitted on the prescribed bid forms. Right to Reject Bids. The City of Port Townsend reserves the right to reject any and/or all bids, and to accept the bid deemed most advantageous to the City of Port Townsend and to waive all informalities and irregularities in the bidding. nd Dated this 22 day of November2019 City of Port Townsend, WA By: John Mauro, City Manager Invitation to Bidders Page 1 of 1 Adams Street Curb Ramps At Washington Street INSTRUCTIONS AND INFORMATION FOR BIDDERS Receipt of Bids. Bids must be submitted on the forms provided herewith, all blanks of which must be appropriately filled in. The bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, the date submitted, and the name of the bid being submitted. If forwarded by mail, the bid must be enclosed in another envelope addressed to the City of Port Townsend. Alternatively, bids may be submitted electronically via email to stiffany@cityofpt.us Withdrawal of Bids. Any bid may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. No bid or proposal may be withdrawn after the time set for the bid opening or before award of contract, unless said award is delayed for a period exceeding 45days. Late Bids.Any bid received after the time and date specified shall not be considered. Bid Documents. Each bid must be accompanied by the following completed forms executed as required. Bid Document Cover Sheet Exhibit A-Bid Proposal Exhibit B - Responsible Bidder’s Criteria Exhibit C –Small Works Contract Exhibit D – Insurance Requirements Proposals. All bids must be made on the required Bid Proposal and must include the required bid documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the Bid Proposal must be fully completed and executed when submitted. Only one copy of the bid is required. Basis of Award. The City will select and award the Contract to the lowest responsive, responsible bidder. If at the time this contract is to be awarded, the lowest acceptable Bid exceeds the funds estimated by the City as available, the City may reject all Bids or take such other action as best servers the City’s interest. Waiver or Rejection. The City may waive any informality or minor defect or reject any and all bids at any time. Informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible, and waiver of the informality does not grant the bidder a competitive advantage. Award of Contract. Contract award or bid rejection will occur within 5 calendar days of bid opening. Instructions and Information to Bidders Page 1 of 6 Adams Street Curb Ramps At Washington Street Execution of Contract. Within 3 calendar days after the award letter date, the successful bidder shall return the signed Contract (Exhibit C) and required insurance & indemnification (Exhibit D). Bidder Familiarity with Requirements. Bidders must satisfy themselves of the accuracy of estimated quantities, specifications and contract requirements, by personal examination of any plans, specifications, all bid and contract documents, the site or sites or location of the proposed work, and by any other examination or investigation which they may desire to make as to the nature of the contract requirements or any difficulties to be encountered. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid, and the bidder shall not assert that there was a misunderstanding concerning the work or of the nature of the work to be done, or of the requirements of the contract. Notice to Proceed. A Notice to Proceed shall be issued within 10 days of bid opening. Should there be reasons why the Notice to Proceed cannot be issued within such period, time may be extended by mutual agreement between the City and the Contractor. Qualifications of Bidders. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence is submitted by or an investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out obligations of the contract and to complete the work contemplated therein. Applicable Law. All applicable laws, ordinances and the rules and regulations of all authorities having jurisdictions over the City or of the work to be performed by the contractor shall apply to the contract throughout, and the bidder shall be required to be familiar with and comply with any such laws, ordinances, rules and regulations. Conditional or Qualified Bids. A conditional or qualified bid will not be accepted. Corrections. Interpretations and Addenda. Any omissions, discrepancies, or need for interpretation should be brought in writing, no later than 2 days before the bid opening date and sent to the attention of the following: Sarah Tiffany at stiffany@cityofpt.us. Written addenda to clarify questions, which should arise, will then be issued if appropriate. All interpretation or explanation of the bid contract documents shall be in the form of an addendum, and no oral statements by the City or any other officer, employee or other agent or representative of the City shall in any way modify the contract or bid documents, whether made before or after letting the contract. Insurance Requirements.All bidders will be required, if they are awarded the contract, to provide evidence of insurance in accordance with the requirements set forth in Exhibit D. Bidders should pay special note to the insurance requirements and insurance documents required. Payment. Payment shall be made monthly upon submittal of a pay request for work performed to date as determined by the City. Failure to perform any of the obligations under the contract by Instructions and Information to Bidders Page 2 of 6 Adams Street Curb Ramps At Washington Street Contractor may be decreed by the City to be adequate reason for withholding any payments until compliance is achieved, including withholding amounts from any payment based on substantial completion to cover the City’s cost to complete any punch list items. Performance Bond & Payment Bond. The City is waiving the bond requirements for this project. Requirements.Bidder must be on the MRSC Small Works Roster and possess a City of Port Townsend business license prior to contract award. Lowest Responsive Responsible Bidder. It is the intent of Owner to award a contract to the lowest responsive and responsible bidder. In accordance with RCW 39.04.350. (SHB 2010/Chapter 133, Laws of Washington 2007), before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required to provide the City documentation demonstrating compliance with the criteria. Thebidder must: (a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; (b) Have a current state unified business identifier number; (c) If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51RCW; an employment security department number as required in Title 50RCW; and a state excise tax registration number as required in Title 82RCW; (d) Not be disqualified from bidding on any public works contract under RCW 39.06.010or 39.12.065(3); (e) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; (f) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and Instructions and Information to Bidders Page 3 of 6 Adams Street Curb Ramps At Washington Street make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and (g) Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department oflabor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. Pursuant to Section 3 of SHB 2010/Chapter 133, Laws of Washington 2007, the bidder who is awarded the contract must verify responsibility criteria as listed in 1 - 4above for each first tiersubcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility listed in 1 - 4 above and possesses an electrical contractor license, if required bychapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the responsibility criteria, must be included in the project contract and in each subcontract of every tier. Sales Tax/Use Tax. The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) 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 City 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 bid price 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 City will pay the retained percentage 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 City 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. State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For Instructions and Information to Bidders Page 4 of 6 Adams Street Curb Ramps At Washington Street work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 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 City, retail sales tax on the full contract price. The Citywill 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 City 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. Services The Contractor shall not collect retail sales tax from the City on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). All other federal, state, and local sales use or other taxes as required by federal, state, or local laws shall be included in the unit prices, lump sum prices, or other prices in the Proposal. Compliance with Labor Standards and Rate of Wage Requirements.The work under this Contract is to be paid for by public funds; therefore, the Contractor shall comply with Washington State prevailing wage laws (Chapter 39.04, 39.12, 43.19, and 49.38 RCW). If awarded the project, the contractor and each subcontractor shall complete or have on file a current “Statement of Intent to Pay Prevailing Wages” (Form L&I Number F700-029-000) before payment will be made for work performed. An “Affidavit of Wages Paid” (Form L&I Number F700-007-000) shall be required upon final acceptance of the public works project by the City. These forms are available from Washington State Department of Labor & Industries and can be filed electronically at: Instructions and Information to Bidders Page 5 of 6 Adams Street Curb Ramps At Washington Street http://www.lni.wa.gov/TradesLicensing/PrevWage/IntentAffidavits/default.asp The applicable prevailing wages forthis project have an effective date of 7/11/2019 and are available Electronically from Washington State Department of Labor & Industries and can be found at: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx All work will be conducted within Jefferson County. A copy of the effective wage reports is available in the Public Works office located at 250 Madison Street, Suite 2R, Port Townsend, WA 98368. A copy will be emailed or mailed to interested contractors upon request. The City does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules.The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. Instructions and Information to Bidders Page 6 of 6 Adams Street Curb Ramps At Washington Street EXHIBIT A BID PROPOSAL Proposal of ______________________________________________________________________ (Hereinaftercalled "Bidder"), organized and existing under the laws of the State of, doing business as _____________________________________________________________________________ To the City of Port Townsend ("City"): In compliance with your Invitation for Bids, Bidder hereby proposes to perform all work for the following Project or Contract: Adams Street Curb Ramps at Washington Street in strict accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any other competitor. Bidder hereby agrees to commence work under this Contract on or before a date to be specified in the Notice to Proceed. Bidder agrees to perform all work as described in the Contract Documents and as shown on the drawings for the: Adams Street Curb Ramps at Washington Street. Quantities listed below are provided only to assist contractor in preparing a lump sum bid amount. ESTIMATE OF QUANTITIES Bid WSDOT Item Std. Est. No. Item Description Qty.Unit For Contractor NotesOnly PREPARATION 1 1-09.7 Mobilization 1 LS Removal of Structures and 2 43498Obstructions 1 LS SPEC 2-Removing Cement Conc. 3 02.3 Sidewalk 175 SY SPEC 2-Removing Asphalt Conc. 4 02.3 Pavement 530 SY SPEC 2- 5 02.3 Sawcutting 175 LF GRADING Roadway Excavation Incl. 7 2-03 Haul 30 CY Exhibit A - Proposal Page 1 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT A STORM SEWER 6 7-05 Catch Basin Type 1 2 EA Schedule A Storm Sewer 7 7-05 Pipe 8 in. Diam. 9 LF SURFACING Crushed Surfacing Top 8 4-04 Course8 TON HOT MIX ASPHALT 9 5-04 Commercial HMA0.5 TON EROSION CONTROL AND ROADSIDE PLANTING 108-01 Inlet Protection 1 EA TRAFFIC Cement Conc. Traffic Curb 11SPEC and Gutter -Rain Garden50 LF 12SPEC Cement Concrete Curb Cut5 EA 2" Rolled Cement Conc. 13SPEC Curb and Gutter 65 LF Project Temporary Traffic 141-10 Control1 LS OTHER ITEMS 1543691Cement Conc. Sidewalk 25 SY Detectable Warning 1643691Surface 48 SF Cement Conc. Curb Ramp 1743691Type Perpendicular A 4 EA 1843469Minor Change 1 CALC Total Lump Sum Bid Amount Written Amount $ Receipt is hereby acknowledged of Addendum(s) No(s): ____________________________ \[NOTE: write “none” if there were no addendums.\] Exhibit A - Proposal Page 2 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT A Certification of Compliance with Wage Payment Statutes. By signing this proposal, the bidder hereby certifies that, within the three-year period immediately preceding the date of the bid solicitation, not have been 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 to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or49.52RCW. Non-collusion Declaration. By signing this proposal, the bidder certifies that: 1.That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken an action in restraint of free competitive bidding in connection with the project or which this proposal is submitted. 2.That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. 1. If the Bidder is a sole proprietorship, so state and give the name under which business is transacted. 2. If the Bidder is a co-partnership, so state, giving firm name under which business is transacted. 3. If the Bidder is a corporation, this Proposal must be executed by its duly authorized officials. Bidder's Firm NameDate By:_________________________________ Authorized Signature (required) Bidder’s address: Telephone Number: Email Address: Exhibit A - Proposal Page 3 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT A STATE CERTIFICATE OF REGISTRATION NO. STATE UNIFIED BUSINESS IDENTIFIER NO. END OF TEXT Exhibit A - Proposal Page 4 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT B MANDATORY RESPONSIBLE BIDDER’S CRITERIA 1.State Certification of Registration Number 2.State Unified Business Identifier Number 3a.Do you have industrial coverage?YesNoN/A 3b.Employment Security Department Number 3c.State Excise Tax Registration Number 4.Is your firm currently disqualified from Yes No bidding? 5.Has your firm been found in violation of a Washington State Apprenticeship and Training Yes No N/A Counsel requirement for the preceding year? 6.Has your firm received training on requirements relating to public works and Yes No prevailing wage under Chapter 39.12 RCW? 7.Has your firm received a citation or assessment for a willful violation as defined in RCW Yes No 49.48.082 any provision of chapter 49.46, 49.48 or 49.52 RCW in the preceding 3 years? EXHIBIT B – Mandatory Bidder Criteria Page 1 of 1 Adams Street Curb Ramps At Washington Street EXHIBIT C SMALL WORKS CONTRACT Between: City of Port Townsend and __________________________________________ For: Adams Street Curb Ramps at Washington Street Commencing: ________________________________ Terminating: ________________________________ Amount: ________________________________ THIS AGREEMENT, made and entered _______________________________________, 2019 by and between the CITY OF PORT TOWNSEND, a Washington municipal corporation (the “City”) and ____________________________________________, a ______________________________________ corporation/partnership, (the “Contractor”). RECITALS WHEREAS, the City is desirous of contracting with Contractor for Adams Street Curb Ramps at Washington Street; and WHEREAS, pursuant to the invitation of the Owner extended through the Port Townsend Public Works Small Works Roster, the Contractor did, in accordance therewith, file with the Owner a proposal containing an offer which was invited by said notice; and WHEREAS, the Owner has heretofore determined that said offer was the lowest responsive and responsible bid submitted; NOW THEREFORE, in consideration of the terms and conditions contained in this Contract, the parties covenant and agree as follows: 1. Scope of Work to be Accomplished. The Contractor shall do all the work, including all construction and services, and furnish all tools, materials and equipment for the Adams Street Curb Ramps at Washington Street in accordance with and as described in the attached contract documents and shall perform any alterations in or additions to the work as provided under this Contract. 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, unless otherwise specified in the attached Contract Documents. 2. Contract Documents. The Contract between the parties includes this Contract, along with the attached Bid Documents, Bid Set Plans, Bid Proposal (Exhibit A), Mandatory Responsible Exhibit C – Small Works Contract Page 1 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT C Bidder’s Criteria (Exhibit B), and Insurance and Indemnity Requirements (Exhibit D), which are hereby incorporated by reference and made a part of this Contract as if set forth in full, and shall be referred to herein as the “Contract Documents.” 3. City Responsibility/Payment. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials to do and cause to be done the above described Work and to complete and finish the same according to the attached plans and specifications, and the terms and conditions contained in this Contract. The City agrees to pay the Contractor for the actual work completed according to the Scope of Work, thelump sum of $__________________________________________________________________________. 4. Time of Performance/Liquidated Damages. Work shall start within______ days of execution of this Contract and shall be physically complete within 15 working days from the Notice to Proceed. If the work is not completed within the time specified, the Contractor agrees to pay to the City the sum of $100.00 for each and every day the work remains uncompleted after expiration of the specified time, as liquidated damages. 5. Warranties/Guaranty. 5.1. The Contractor warrants to the City that any materials and equipment furnished under this Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 5.2. The Contractor for him/herself, and for his/her heirs, executors, administrators, successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. Contractor shall be responsible for and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Contract Documents or from defects appearing or developing in the material or workmanship provided or performed under the Contract Documents within a period of one year after its acceptance thereof by the City. 6.Change Orders. Minor changes in the Work, in the amount of the Contract sum, or in the time for completion of the Work may be accomplished only by a written document, signed by the Contractor and City Manager or theirdesignee on behalf of the City. Once effective, the Contractor shall proceed promptly with the Work as modified, unless otherwise provided in the change order. 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, its agents, representatives, employees or subcontractors. The Contractor shall provide a Certificate of Insurance evidencing per Exhibit D Insurance and Indemnity Requirements for Construction Projects. Exhibit C – Small Works Contract Page 2 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT C 8. Prevailing Wages. Pursuant to RCW 39.12.040, prior to payment by the City, the Contractor shall complete and receive an approved “Statement of Intent to Pay Prevailing Wages,” for itself and every subcontractor through the Department of Labor and Industries. Following the final acceptance of the project, the Contractor must submit, on behalf of itself and each and every subcontractor, an “Affidavit of Wages Paid” before the funds retained under subsection 8.3 of this Contract are released to the Contractor. 9. City Business License Required. The Contractor must obtain a City of Port Townsend Business License before any payment under the Contract can be made. 10. Assignment/Delegation. The Contractor shall not assign this Contract nor delegate any duties hereunder without prior written consent of the City, which consent may be withheld by the City in its sole subjective discretion for any cause whatsoever. 11. Applicable Law, Venue. This Contract shall be subject to, and the Contractor shall at all times comply with, all applicable state and local laws, regulations, rules and provisions of the Port Townsend Municipal Code and ordinances of the City of Port Townsend. Venue for any action hereunder shall be in Jefferson County. 12. Termination. This Contract can be terminated by either party upon default in performance of the other party, if such default is not cured within 10 days of notice thereof, and upon notification of intent to terminate this Contract in writing 30 days prior to the date of termination. In case of default, the non-defaulting party shall have any and all remedies available to it in law or equity. 13. Notices. Any notice required by this Contract may be delivered personally or mailed, certified with return receipt requested. If mailed, notice shall be deemed given upon the first business day after the date of the postmark. Notices shall be delivered or mailed to the following: TO CITY:TO CONTRACTOR: City of Port Townsend Public Works Department Attn: Laura Parsons, P.E. 250 Madison Street Suite 2R Port Townsend, WA 98368 (360) 379-4432 lparsons@cityofpt.us 14. Independent Contractor. For all purposes, the Contractor shall be deemed an independent contractor and shall not be deemed an employee of the City. 15. Waiver. Waiver by the City of any breach of any term or condition of this Contract shall not be construed as a waiver of any other breach. Exhibit C – Small Works Contract Page 3 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT C 16. Attorney’s Fees. In the event any action is brought by either party to enforce the terms of this Contract or for breach of this Contract by the other party, the parties agree that the non- prevailing party shall pay to the prevailing party reasonable attorney’s fees and costs and disbursements incurred by such party. 17. Entire Contract. This Contract, together with all Bid Documents referred to herein, constitutes the entire agreement between the parties hereto. 18. Binding Effect. This Contract shall be binding upon the parties, their heirs, personal representatives, successors and assigns. 19. Modification. No modification of this Contract shall be of any force or effect, unless in writing signed by the parties. 20. Corporate Authority. Each individual executing this Contract is duly authorized to execute and deliver this Contract on behalf of the corporation in accordance with a duly adopted resolution of the Board of Directors of the corporation, or in accordance with the By Laws of said corporation, and that this Contract is binding upon the corporation in accordance with its terms. A certified copy of such resolution shall be furnished to the City within ten (10) days of the date of the execution of this Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed as of the day and year first written above. CITY OF PORT TOWNSEND {Contractor} By: By: John Mauro, City Manager Date: Date: Approved as to form: Heidi Greenwood, City Attorney Exhibit C – Small Works Contract Page 4 of 4 Adams Street Curb Ramps At Washington Street EXHIBIT D INSURANCE & INDEMNITY REQUIREMENTS FOR CONSTRUCTION PROJECTS Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any 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. 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 Agreement. 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. A. Minimum Scope of Insurance 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. 2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, 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 Exhibit D – Insurance & Indemnification Page 1 of 3 Adams Street Curb Ramps At Washington Street EXHIBIT D additional insured endorsement CO 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance 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 occurrence or $1,000,000 single limit. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C.Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability insurance: 1. The Contractor's insurance coverage 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receive requested, has been given to the City. The word “endeavor” is not acceptable language regarding the required notification. 3. The insurance policies shall include the City as Additional Named Insured. D. 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. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their 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, Exhibit D – Insurance & Indemnification Page 2 of 3 Adams Street Curb Ramps At Washington Street EXHIBIT D F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. 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 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. H. Subcontractors 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. Exhibit D – Insurance & Indemnification Page 3 of 3 Adams Street Curb Ramps At Washington Street