Francis Street Sewer Trestle Repair

City of Port Angeles
Public Works & Utilities Dept.
Engineering Office
321 E. Fifth Street SMALL WORKS ROSTER
Port Angeles WA 98362
Tel: 360-417-4541
Fax: 360-417-4709 Request for Bid
Contract
Contract Title: Francis Street Sewer Trestle Repair Project Number: CON-2025-39
THIS CONTRACT is entered into the date last written below between the CITY OF PORT ANGELES,
WASHINGTON ("City") AND ________________, licensed to do business in Washington State
("Contractor").
Project Estimate: $56,000.00 - $83,000.00
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment A (Attachment A includes
Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related
Contract Documents) that is attached hereto and by this reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
All work under this Contract is to be completed by this date: .
All work under this Contract is to be completed 20 days from the Notice to Proceed. No
work is to be performed prior to written Notice to Proceed by the City. (See attachment A
for specific schedule for work).
The performance period under this Contract commences 10 calendar days after notice
to proceed and ends 60 working days after notice to proceed.
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract (check one):
Force Account - Time and material, not to exceed: $
Force Account - Time and actual expenses incurred, not to exceed: $
Unit prices set forth in the Contractor's bid or quote, not to exceed: $
Firm Fixed Price set forth in Contractor bid or quote in the amount of: $
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in Attachment A.
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 and every part thereof; except those indicated to be furnished
by the City of Port Angeles in Attachment A.
B. The Contractor shall maintain time and expense records that may be requested by the City. The
Contractor shall submit invoices to the City for payment for work performed. All invoices must reference
the City's contract number. Invoices shall be in a format acceptable to the City.
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C. The City shall pay all invoices for non-contested work (See E below) from the Contractor within 30
days of receipt of a properly completed invoice.
D. All records and accounts pertaining to this Contract are to be kept available for inspections by
representatives of the City for a period of three (3) years after final payment. Copies shall be made
available to the City upon request.
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in
the Contract, the Contractor shall correct or modify the required work to comply with the requirements
of this Contract. The City shall have the right to withhold payment for such work until it meets the
requirements of the Contract Documents.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site
and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and
codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of workers and the public and shall
post danger signs warning against known or unusual hazards.
B. Warranty. Contractor shall be responsible for correcting all defects in workmanship and/or materials
discovered within one year after acceptance of this work. After correcting defect, Contractor shall be
responsible for correcting all defects in workmanship and/or materials in the corrected work for one
year after the City accepts the corrections. The Contractor shall start work to remedy such defects
within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within
a reasonable time. In emergencies where damage may result from delay or where loss of service may
result, such corrections may be made by the City, in which case the cost shall be borne by the
Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work
will be otherwise accomplished and the cost of same shall be paid by the Contractor.
C. Damages. Contractor shall be liable for any costs, losses, expenses, or damages including
consequential damages suffered by the City resulting from defects in the Contractors work including,
but not limited to, cost of materials and labor expended by the City in making emergency repairs and
cost of engineering, inspection, and supervision by the City. The Contractor shall indemnify and hold
the City harmless from any and all claims that may be made against the City as a result of any
defective work and the Contractor shall defend any such claims at its own expense. When materials or
procedures are not specified in the Contract Document, the City will rely on the professional judgment
of the Contractor to make appropriate selections.
D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or
applicant for employment or any other persons in the performance of this Contract because of race,
creed, color, national origin, marital status, sex, age, sexual orientation, genetic information, or
handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except
for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by Contractor setting forth the
provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any
work or services required by the Contractor under this Contract, shall be considered employees of the
Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation
Act on behalf of those employees, while so engaged, and all claims made by a third party as
consequence of any negligent act or omission on the part of the Contractor's employees, while so
engaged on any of the work or services provided or rendered herein, shall not be the obligation of the
City.
5. COMPLIANCE WITH LAWS
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The Contractor shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a
violation of a material provision of this Contract and shall be grounds for cancellation, termination or
suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work
for the City.
6. ACTS AND REGULATIONS
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs
of the U.S. Department of Transportation, Washington State Department of Transportation, as
they may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
2. Non-discrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to
be performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this contract and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the City or the Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of a
Contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Contractor will so certify to the City or the Washington State Department of
Transportation, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the
Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it
or the Washington State Department of Transportation may determine to be appropriate,
including, but not limited to:
a. withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
Contractor will take action with respect to any subcontract or procurement as the City or the
Washington State Department of Transportation may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the City to enter into any litigation to protect the interests
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of the City. In addition, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
Pertinent Non-Discrimination Authorities:
* Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
* The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
* Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the
basis of sex);
* Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
* The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
* Airport and Airway Improvement Act of 1982, (49 USC 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
* The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
* Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
* The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
* Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
* Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70
Fed. Reg. at 74087 to 74100);
* Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
7. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment A
and final payment by the City.
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B. The City may terminate the Contract and take possession of the premises and all materials thereon
and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the
Contractor, upon the occurrence of any one or more of the events hereafter specified:
1. The Contractor makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Contractor.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required
herein.
4. Contractor fails to make prompt payment to subcontractors for material or labor.
5. Contractor disregards federal, state or local regulations and ordinances.
6. Contractor disregards instructions of the Contract Administrator, or otherwise substantially
violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of
the work contracted for.
8. The Director of the Public Works and Utilities Department or his/her designee determines
that such termination is in the best interest of the City.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any
further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily
completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the
amount to be paid under this Contract for the satisfactorily completed work exceeds the expense
incurred by the City in finishing the work, and all damages sustained by the City or which may be
sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess
shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid
balance for the work Contractor and its surety shall be jointly and severally liable therefore to the City
and shall pay such difference to the City. Such expense and damages shall include all legal costs
incurred by the City to protect the rights and interests of the City under the Contract, provided such
legal costs shall be reasonable.
8. OWNERSHIP OF DOCUMENTS
A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Contractor with funds paid by the City under this
Contract shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data, or other documents or materials given to or prepared or
assembled by the Contractor under this Contract will be kept confidential and shall not be made
available to any individual or organization by the Contractor without prior written approval of the City or
by court order.
9. CLAIMS
Any claim against the City for damages, expenses, costs, or extras arising out of the performance of
this Contract must be made in writing to the City within thirty days after the discovery of such damage,
expense or loss, and in no event later than the time of approval by the City for final payment.
Contractor, upon making application for final payment, shall be deemed to have waived its right to claim
for any other damages for which application has not been made, unless such claim for final payment
includes notice of additional claim and fully describes such claim.
10. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary
responsibility for the City under this Contract and shall oversee and approve all work to be performed,
coordinate communications, and review and approve all invoices, under this Contract.
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The City reserves the right to utilize an online cloud-based project management system, Virtual Project
Manager (VPM), to allow for paperless documentation and project administration.
11. INDEMNIFICATION / HOLD HARMLESS
A. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees and
volunteers harmless 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. However, 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.
12. INSURANCE, BONDS, & RETAINAGE
A. The Contractor shall maintain insurance as set forth in Attachment B.
B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works
roster contract and payment and performance bonds will be required in accordance with Washington
State law. A retainage of 5% will also be applicable to this contract. The Contractor shall obtain
payment and performance bonds in accordance with this Contract and all Attachments incorporated
herein. Copies of the Bid Security Transmittal Form, Performance Bond and Payment Bond form(s),
and Escrow Agreement for Retained Percentage form are available from the Operations Office of
Public Works & Utilities (Telephone 360-417-4541). Performance Bond and Payment Bond forms are
provided in Attachment C. The party to whom the Contract is awarded will be required to execute the
Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date
the notice of award is delivered to the bidder. Such bonds shall be on the form provided by the City,
specify the name, contact phone, and address of the surety, and shall include a power of attorney
appointing the signatory of the bonds as the person authorized to execute it (them).
13. PREVAILING WAGE
This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations
issued thereunder, relating to prevailing wages, benefits and other requirements. Workers shall receive
no less than the prevailing rate of wage. The City shall verify that contractor has received, or is exempt
from, training on the requirements related to public works and prevailing wage under RCW 39.12.
Contractor shall verify first-tier subcontractors have also received, or are exempt from, such training.
Each subsequent tier shall verify that the tier below has received, or is exempt from, such training. No
claim for additional compensation will be allowed which is based upon a lack of knowledge or a
misunderstanding of any such requirements by the Contractor or a failure to include in Contractor's
price adequate increases in such wages during the performance of this Contract. The Contractor is
advised to consult the Washington State Department of Labor and Industries to determine the
prevailing wages that must be paid.
This public works project is being done in Clallam County. Washington State wage determinations for
Clallam County Journeymen, Apprentices, and Description can be found at:
Journey Level Rates: https://secure.lni.wa.gov/wagelookup/
Apprentice Rates: https://secure.lni.wa.gov/wagelookup/ApprenticeWageLookup.aspx
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Description of Classifications: https://lni.wa.gov/licensing-permits/public-works-projects/scopes-of-work
Use the applicable wage determinations effective on the bid due date.
A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and
Utilities Contracts Office. In addition, the City will mail a hard copy of the applicable wage rates upon
request.
For a contract award under $2,500, and in accordance with RCW 39.12.040(2), the Contractor or
subcontractor is authorized to submit a combined Statement of Intent to Pay Prevailing Wages &
Affidavit of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on
the form developed by the Washington State Department of Labor and Industries and available from
the City of Port Angeles Public Works and Utilities Department.
Should any dispute arises as to the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management
representatives, the matter shall be referred for arbitration to the Director of the Department of Labor
and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the
dispute.
14. 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.
15. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the
standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall
be considered, provided Contractor specifies the brand and model and submits descriptive literature
when available. Any bid containing a brand which is not of equal quality, performance, or use specified
must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason
to disregard the bid.
16. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject to inspection and to approval by
the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the
terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk
and expense.
17. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest
accruing from this Contract without the express prior written consent of the other.
18. INDEPENDENT CONTRACTOR
The Contractor is and shall be at all times during the term of this Contract an independent contractor
and not
an employee of the City.
19. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated
Contract between the parties hereto and supersedes all prior negotiations, representations, or
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agreements, either written or oral. This contract may be amended, modified, or added to only by written
instrument properly signed by both parties hereto.
20. SUBCONTRACTOR RESPONSIBILITY
The Contractor shall include the language of this section in each of its first tier subcontracts and shall
require each of its subcontractors to include substantially the same language of this section in each of
their subcontracts, adjusting only as necessary the terms used for the contracting parties. The
requirements of this section apply to all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors
meet the following bidder responsibility criteria:
- At the time of subcontract bid submittal, have a certificate of registration in compliance with
chapter 18.27 RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subcontractor's employees working in Washington as
required in Title 51 RCW;
2) Subcontractor's Insurance as required by Attachment B, "Insurance";
3) An employment security department number as required in Tile 50 RCW; and
4) A state excise tax registration number as required in Tile 82 RCW;
5) An electrical contractor license, if required by Chapter 19.28 RCW;
6) An elevator contract license, if required by Chapter 70.87 RCW.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
- Have received, or be exempt from, training on the requirements related to public works and
prevailing wage under RCW 39.12.
21. 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 Contract.
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 using the City's Virtual
Project Manager.
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) or Construction Change Order (CCO) process as set
forth in the Virtual Project Manager Documents. Following approval of the RFI or CCO, the Contractor
shall submit the payment request through Virtual Project Manager.
E. The Contractor shall submit payment requests through Virtual Project Manager. The City shall initiate
authorization for payment after receipt of a satisfactorily completed payment request and shall make
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payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall
also include a Certification of Work Completion and Acceptance (located in Attachment D).
IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the last signature
affixed below.
CONTRACTOR CITY OF PORT ANGELES
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
ATTEST:
BY:
CITY CLERK
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City of Port Angeles
ATTACHMENT "A"
Engineering Office
WORK BY CONTRACTOR
Public Works and Utilities Department
Francis Street Sewer Trestle Repair CON-2025-39
The Contractor shall furnish all labor, tools, materials, and equipment in order to accomplish the project
scope described in Attachment "A" including the documents attached in this contract. Unless otherwise
provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for
any and all permits required for this work.
General Scope: Provide all labor, equipment, and materials to make repairs on the Francis Street
Wastewater Trestle.
Location: Spanning the Peabody Creek between East 8th Street and 9th Street in line with Francis
Street.
Site Point of Contact: David Wegener at 360-417-4547.
Work Hours and Schedule: The Contractor will be allowed to work a consecutive 8-hour period
between 7:00 AM to 6:00 PM, Monday through Friday. Work outside of these hours may be requested
from and is at the discretion of the City Engineer.
Specifications: All work shall be executed in strict accordance with the latest edition of the
following standards and codes and all local ordinances and regulations and shall meet industry
standards.
1. International Building Code (IBC)
2. WSDOT Standard Specifications (current edition)
3. City of Port Angeles Urban Service Standards & Guidelines (current edition)
Permits: Attachment "G" - HPA 0047696
Work Requirements:
1.0 Project Description:
Provide all labor, tools, materials, and equipment to repair and/or replace elements of the Francis
Street Wastewater Trestle, an 18 span timber structure which supports the Francis Street sewer pipe
across Peabody Creek between East 8th and East 9th Streets. The following items shall be addressed:
* Replace decayed upper access planks.
* Replace decayed timber column caps.
* Replace decayed timber cross bracing.
* Tighten the loose thrust beam anchorage nuts at Abutment 1 and Abutment 2.
* Remove all blackberry bushes covering the Abutments.
* Shim or repair the settlement of Bent 2 DS column.
* Shim gap between column cap and DS column at Bents 2 and 10.
2.0 Attachments:
Attachment "F" - Francis Street Sewer Trestle Repairs Plans
Attachment "G" - Hydraulic Project Approved 0047696
Attachment "H"- Factsheet B Erosion Sediment Control Elements
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