Race Street Landscape Maintenance

City of Port Angeles
Public Works & Utilities Dept.
321 E. 5th Street SERVICE CONTRACT
Port Angeles WA 98362
___ __
Contract Title: Race Street Landscape Maintenance Service Number: SVC-2026-19
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("City") AND , WASHINGTON ("CONTRACTOR").
1. WORK BY CONTRACTOR
The CONTRACTOR shall perform the work as described in Attachment "A" (Attachment "A" may include
CONTRACTOR's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related
Contract Documents) which 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 October 15, 2026.
All work under this Contract is to be completed 60 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 7 calendar days after notice to proceed
and ends (90 days thereafter or after contract award).
3. PAYMENT
A. The City shall pay the CONTRACTOR for the work performed under this Agreement (check one):
Force Account - Time and material, not to exceed: $
Force Account - Time and actual expenses incurred, not to exceed: $
Force Account - Unit prices set forth in the CONTRACTOR's bid or quote, not to exceed: $
Unit 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 the 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, which 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 service number. Invoices shall be in a format acceptable to the City. The CONTRACTOR will submit invoices
per the rates in Attachment C.
C. The City shall pay all invoices from the CONTRACTOR by mailing a City warrant 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.
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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 liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the CONTRACTOR's 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 hold the City harmless from any and all claims which 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. Where 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.
C. 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 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.
D. 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 said
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
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. In the event
of dispute the venue of any litigation brought hereunder shall be Clallam County.
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
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 persistently disregards federal, state or local regulations and ordinances.
6. CONTRACTOR persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
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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 interests 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 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,
CONTRACTOR and his 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.
7. 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.
8. 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.
9. 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.
10. INDEMINIFICATION / HOLD HARMLESS
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 Agreement, 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 Contract.
11. INSURANCE
The CONTRACTOR shall maintain insurance as set forth in Attachment B.
12. INTERPRETATION AND VENUE
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This CONTRACTOR 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.
13. 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.
14. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject 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.
15. 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.
16. 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.
17. 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 agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
18. SUBCONTRACTOR RESPONSIBILITY
The CONTRACTOR shall include the language of this section in each of its first tier subcontractors, 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
meets 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) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) 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).
19. COMPENSATION AND METHOD OF PAYMENT.
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A. The City shall pay the CONTRACTOR for work performed under this Contract as detailed in Attachment C.
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. Reference section 3. Payment above for more
information.
20. SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral
understandings, and may only be changed by a written amendment executed by both parties.
21. QUALIFICATIONS
CONTRACTOR is in full compliance with the statutes of the State of Washington for professional registration and
other applicable requirements. CONTRACTOR has the background, experience, and ability to perform the required
work in accordance with the standards of the profession. CONTRACTOR provide qualified personnel and
appropriate facilities necessary to accomplish the work.
22. ATTACHMENTS
The following exhibits are hereby made a part of this Agreement:
Exhibit C - CONTRACTOR Labor Costs and Non-Salary Reimbursable Cost
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature affixed
below.
CONTRACTOR/CONTRACTOR CITY OF PORT ANGELES
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Address:
City:
Tax ID #:
Phone Number:
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ATTACHMENT "A"
City of Port Angeles
WORK BY CONTRACTOR
Public Works and Utilities Department
The CONTRACTOR shall do all work and furnish all tools, materials, and equipment in order to accomplish the
project described below.
General Scope: This work involves plant watering, placement of bark mulch, and tree plantings in the
established landscaping features along Race Street between 8th Street and Olympus Avenue. All work
shall be performed under the supervision of the Engineer or their representative.
Location: Race Street from 8th Street to Olympus Avenue
Site Point of Contact: Jeremy Pozernick
Schedule: See Attachment 1
Work Requirements:
WATER:
DESCRIPTION
This work consists of the furnishing, hauling, and placement of 2,000 gallons (267 cubic feet of
water) of water per visit for watering the established plants as directed by the Engineer. The 2,000
gallons of water shall be dispersed to approximately 3,000 plants.
MATERIAL
Water for plants shall not contain dissolved or suspended chemicals or material which will be harmful
to the plant material on which it is to be used. Water may be obtained from the City's water
system utilizing a fire hydrant meter or a City approved source provided by the Contractor capable of
measuring gallons or cubic feet of water.
If the Contractor utilizes the City's water system they shall be responsible for all costs and permits
associated with installing of the hydrant meter by City staff and the cost of the water utilized for the
Work.
EQUIPMENT
The Contractor shall use a water truck or trailer that can be safely operated on the shared use path
along Race Street.
The equipment shall be in good working order and be equipped with:
* Water pump with a minimum output of 6 GPM at a minimum of 50- PSI
* 3/4-inch distribution hose capable of reaching 50 feet from the vehicle
* Watering wand with trigger attached to the distribution hose with nozzle
pattern that allows for irrigating plants individually without damage.
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Side spray heads, broadcasting nozzles including fan-style spray heads, boomless nozzles or water
cannons will not be allowed. All proposed equipment shall be submitted to the Engineer for approval
before work can begin.
SCHEDULE
Watering shall take place every other week starting the week of May 11 (Schedule "A") or May
18 (Schedule "B"), 2026. The contractor may choose schedule "A" or Schedule "B" from the
attachment 1 schedule. A minimum of 10 visits shall take place between May and September 2026. A
week will be defined as Monday through Friday.
Any additional visits as requested by the Engineer (up to 2 additional) shall be paid for at the unit bid
cost.
The Contractor shall provide written notice to the Engineer a minimum of 3 business days before a visit
to allow for a representative to be present during the work. Any work performed without a
representative of the City on-site shall not be compensated. In the event a representative of the City
cannot be on-site the Contractor shall request written notification from the Engineer that work
can proceed. Work hours shall be any 8-hour period between 7am and 5pm unless otherwise approved
by the Engineer.
MEASURMENT
The bid item "Water" will be measured per visit. A visit shall constitute the disbursement of 2,000
gallons of water across all plantings covered by this agreement regardless of the number of days
required by the Contractor to complete the work.
PAYMENT
The unit Contract price "Water" per visit, shall be full pay for equipment, labor, furnishing,
hauling, and placement of 2,000 gallons of water.
MEDIUM BARK MULCH:
DESCRIPTION
This work consists of the furnishing, hauling, and placement of medium bark mulch as directed by the
Engineer. The bark mulch shall be placed at a depth of 2-inches. The contractor shall take care when
placing the Medium Bark Mulch. Plantings damaged by the contractor due to negligence shall be
replaced at the contractor's expense.
MATERIAL
The medium bark mulch shall be derived from fir. It shall not contain resin, tannin, or other compounds
in quantities that would be detrimental to plant, aquatic, or animal life. Mulch produced from finished
wood products or construction debris will not be allowed. The Contactor shall submit the source for
approval prior to procurement.
MEASUREMENT
Medium Bark Mulch shall be measured per cubic yard.
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PAYMENT
The unit Contract price "Medium Bark Mulch", per cy, shall be full payment for all equipment,
labor, furnishing, hauling and placement of the mulch.
PLANTINGS
PLANTING DATES AND CONDITION
The Contracting Agency's inspection and approval (or rejection) will only occur when the plant material
has been delivered to the Contract site. The Contractor shall notify the Engineer, not less than 48 hours
in advance, of plant material delivery to the project. No plant material shall be planted until it has been
inspected and accepted for planting by the Engineer. Rejected material shall be removed from the
project site immediately. All plants for the project shall be received on site prior to the Engineer
beginning inspection of the plants. Plants delivered shall be clearly marked and tagged.
Within 30 calendar days of Execution of Contract, the Contractor shall provide written evidence to the
Engineer that plant materials have been contracted or procured. No substitution of plant material,
species or variety, will be permitted unless evidence is submitted in writing to the Engineer that a
specified plant cannot be obtained and has been unobtainable since the Award of the Contract. If
substitution is permitted, it can be made only with written approval by the Engineer. The nearest
variety, size, and grade, as approved by the Engineer, shall then be furnished. These substitutions shall
be approved by the Engineer and be at no cost to the Contracting Agency.
Planting material shall not take place before October 1st and no later than October 31st. Under no
circumstances shall planting be permitted during freezing weather, in frozen soil, or during high
winds.
PLANT INSTALLATION
The Contractor shall handle plant material in the following manner:
1. Root systems shall be kept covered and damp at all times. Plant material shall be kept in containers
until the time of planting.
2. Roots shall not be bunched, curled, twisted, or unreasonably bent when placed in the planting hole.
Plant material supplied in wrapped balls shall not be removed from the wrapping until the time of
planting at the planting location. The root system of balled plant material shall be moist at the time of
planting. Root balls shall be loosened prior to planting. All burlap, baskets, string, wire and other such
materials shall be removed from the hole when planting balled plants.
3. Plants shall be placed with the crown at the finished grade. In their final position, plants shall have
their top true root (not adventitious root) no more than 1 inch below the final soil surface, no matter
where that root was located in the original root ball or container. The backfill material, including
container and root ball soil, shall be thoroughly watered on the same day that planting occurs
regardless of season.
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4. When installing plants, the Contractor shall dig planting holes three times the diameter of the
container or root ball size. Any glazed surface of the planting hole shall be roughened prior to planting.
MEASUREMENT
CHAMAECYPARIS NOOTKATENSIS PENDULA - 7 FOOT shall be measured per each
CHAMAECYPARIS NOOTKATENSIS PSIPE GREEN ARROW - 7 FOOT shall be measured per each
PAYMENT
The unit Contract price "Chamaecyparis Nootkatensis Pendula", per each, shall be full payment for all
equipment, labor, furnishing, hauling and placement of the specified planting.
The unit Contract price "Chamaecyparis Nootkatensis Green Arrow", per each, shall be full payment for
all equipment, labor, furnishing, hauling and placement of the specified planting.
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City of Port Angeles ATTACHMENT "B"
ATTACHMENT B
Public Works and Utilities Department INSURANCE
INSURANCE
INSURANCE & INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, electrical
work, plumbing, movers, and on-site maintenance agreements.
Insurance
The CONTRACTOR shall procure and maintain for the duration of the Agreement, 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.
No Limitation. CONTRACTOR's maintenance of insurance as required by the agreement shall not be construed
to limit the liability of the CONTRACTOR to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
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; and,
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, stop gap
liability, 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 or an equivalent endorsement. 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; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington;
and
4. Professional Liability insurance appropriate to the CONTRACTOR's profession.
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 accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and
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