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City of Port Angeles
Record#001347
PUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate as ofthe last day of the last signature affixed
below by and between the City of Port Angeles,a non-charter code city of the State of Washington,
hereinafter referred to as"the City,- and Combined Construction, hic, a Washington Corporation,
hereinafter referred to as "the Contractor."
WITNESSETH:
Whereas, the City desires to have certain public work performed as hereinafter set forth,requiring
specialized skills and other supportive capabilities; and
Whereas,the Contractor represents that it is qualified and possesses sufficient skills and the
necessary capabilities to perform the services set forth in this Contract.
NOW,TI-11"'REFORE, in consideration of the terms, conditions, and agreements contained herein,
the parties hereto agree as follows:
1. &�e of Work..
The Contractor shall do all work and furnish all tools, niaterials,and equipment in order to
accomplish the following project:
'rumwater Bridge Rehabilitation,Project No.TR0216
in accordance with and as described in
.A. this Contract, and
B. the Project Manual, which include the attached plans, Specifications, Special Provisions,
submittal requirements, attachments, addenda(if any), Bid Form, Performance and
Payment Bond,and
C, the 2016 Standard Specifications for Road, Bridge, and Municipal Construction prepared
by the Washington State Department of Transportation, as may be specifically modified
in the attached Specifications and/or Special Provisions, hereinafter referred to as"the
standard specifications,* and
D. the most current edition of the City of Port Angeles' Urban Services Standards and
Guidelines,
and shall perform any alterations in or additions to the work provided under this Contract and every part
thereof
The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing the
work provided for in this Contract, except as may otherwise be provided in the Project Manual,
I Time for Performance
Time is of the essence in the performance of this Contract and in adhering to the time frames
specified herein. The Contractor shall conunence work within ten (10)calendar days after notice to
proceed from the City, and said work shall be physically completed within thirty(30) working days after
said notice to proceed, unless a different time frame is expressly provided in writing by the City.
Turriwater Bridge Rehabilitation 11 - I
3. Compensation and Method of P
A. The City shall pay the Contractor for work performed under this Contract as detailed in the
bid, and as incorporated in the Project Manual.
B. Payments for work provided hereunder shall be made following the performance of such
work-,unless otherwise permitted by law and approved in writing by the City. No payment
shall be made for any work rendered by the Conti-actor except as identified and set forth in
this Contract.
C. Progress payments shall be based on the timely submittal by the Contractor of the City's
standard payment request form.
D. Payments for any alterations in or additions to the work provided under this Contract shall
be in accordance with the Request For Information (RFI) and/or Construction Change
Order (CCO) process as set forth in the Project Manual. Following approval of the RFI
and/or CCO, the Contractor shall submit the standard payment request form(s).
E. The Contractor shall submit payment requests with a completed Application for Payment
form, an example of which is included in the Attachments to this Contract. This form
includes a lien waiver certification and shall be notarized before submission.Applications
for Payment not signed or notarized shall be considered incomplete and ineligible for
payment consideration. The City shall initiate authorization for payment after receipt of a
complete Application For Payment and shall make payment to the Contractor within
approximately thirty(30)clays thereafter.
4. 11ndevendent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No agent,
employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the
City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the
acts of"its agents, employees, servants, subcontractors, or representatives during the performance of this
Contract, The Contractor shall assume full responsibility for payment of all wages and salaries and all
federal, state, and local taxes or contributions imposed or required, including, but not limited to,
unemployment insurance,workers compensation insurance, social security, and income tax withholding,
5. Prevailing Wage Requirements
A. This Contract is subject to Chapters 39.12 and 49.28 RC1 , 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.
Bidders shall examine and be familiar with such requirements. 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 Bidder or a failure to
include in Bidder'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.
Turnwater Bridge Rehabilitation 11 - 2
B. This public works project is being done in Clallam County. Washington State
wage deten-ninations, for Clallarn County Journeymen and Apprentices can be
found at https://fortress.wa.izov/lnuy/.wai�elio(o)kK�u /,orvWa2elQokup.,,,t,,s2x and at
https://fort,ress.wa.gov/1n Awa elook�u / el.ookup.4§
6_ _pN. The
applicable wage determinations to use are effective on the bid due date.
C. A copy of the applicable wage rates is available for viewing at,the Port Angeles
Public Works and Utilities Contracts Office. In addition, this agency will mail a
hard copy of the applicable wage rates upon request
6. Indemnification and Hold Harmless,
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, oflicials,
employees, and volunteers against and from any and all claims, injuries, dainages, losses,
or lawsuits, including attorney fees, arising out of or in connection with the performance
of this Contract,except for injuries and damages caused by the sole negligence of the City,
It is further provided that no liability shall attach to the City by reason of entering into this
Contract, except as expressly provided herein,
B. Should a court of competent jurisdiction determine that this Contract is subject to RCW
4.24.115,then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this
Contract.
7, Insurance.
The insurance coverage shall be in accordance with and as described in the \Vashington State
Department of"fransportation Standard Specifications Division 1-07.18.
A. Verification of Coverage
The Contractor shall furnish the City with original certificates and as copy of the
amendatory endorsements,including but not limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before con-anencernent of the
work.
B. Subcontractors
The 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.
Turnwater Bridge Rehabilitation 11 - 3
8. COMIt4tigg with Law..s.
A. The Contractor shall comply with all applicable federal, state, and local laws, including
regulations for licensing, certification, and operation of facilities and program s, and
accreditation and licensing of individuals,and any other standards or criteria as set forth in
the Project Manual,
B. The Contractor shall pay any applicable business and permit fees and taxes which may be
required for the perfon-nance of the work.
C. The Contractor shall, comply with all legal and Permitting requirements as set forth in the
Project Manual.
9. i"r"on-Discrimination.
Non-discrimination shall be in accordance with and as described in the Washington State
Department offransportation Standard Specifications and the Special provisions Division 1-07.11
10. Ass' 11111ent,
A. The Contractor shall not assign this Contract or any interest herein, nor any money due to
or to become due hereunder, without first obtaining the written consent of the City, nor
shall the Contractor subcontract any part of the services to be performed hereunder without
first obtaining the consent of the City.
R The Contractor hereby assigns to the City any and all claims for overcharges resulting from.
antitrust violations as to goods and materials purchased in connection with this Contract,
except as to overcharges resulting froni antitrust violations commencing after the date of
the bid or other event establishing the price of this Contract. In addition, the Contractor
warrants and represents that each of its suppliers and subcontractors shall assign any and
all such claims for overcharges to the City in accordance with the terms of this provision.
The Contractor further agrees to give the City inunediate notice of'the existence of any
such claim.
IL Contract Administration.
This Contract shall be administered by i on behalf of the Contractor
and by Jonathan Bochine, Project Manager, on behalf of the City. Any written notices required by the
terms of this Contract shall be served or mailed to the following,addresses:
Contractor: City:
City of Port Angeles
321 East Fifth Street
Port Angeles, WA 98362-0217
Tumwater Bridge Rehabilitation 11 -4
11 true atioiq and Venue.
Inter .
This Contract shall be interpreted and construed in accordance with the laws of tile State of
Washington. The venue of any litigation between the parties regarding this Contract shall be Clallarn
County, Waslungton.
IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed the day and
year first set forth above,
COMBINED CONSTRUCTION, INC: CITY OF PORTANGELES:
�we �- - By: ro
Printed panne of Conti-actor
......................... ...............
City Manager
By:
Date: �(o
......... ..............
N1YC, Struq'/1/
App- ved as to Form
'ritle:
................
_f�,fjA on9OR
0
Date: (Y
........... CITyAtiomey
Attest.-
...................
City Clerk
Turnwater Bridge Rehabilitation 11 - 5
f nmbined
Construction
www.Combinedconstructionlnc.com
Combined Construction,
4493 Russell Road, Suite G
Mukilteo, WA 98275
425 610 4334
lnc.
City of Port Angeles - Public Works and Utilities
Lucy Hanley - Contrad Specialist
321 East Fifth Street
Port Angeles, WA 98352
Dear Lucy,
Enclosed, please find the hard copy of the Retalnage Bond for the Tumwater Bridge Rehabilitation proiect
Wa.mest regards,
Kyle Smith, President
t
Combined Construction, lnc.
Bond No. sArFSUo733429
RETAINAGE BONI)
KNOW ALL MEN BY THESE PRESENTS that we
Combined Construction, lnc.
a Comoration under and by vttue ofthe laws ofthe State of wn
and authorized to do business in the State ofWashington, as Principal, and
lntemational Fidelitv lnsurance Company ,a corporation
organized and existing under the laws of the State of ruew .rersev and authorized to
transact business of surety in the State of Washington, as Suety, are jointly and severally
held and bound unto citv or Port Anseles . hereinafter
referred to as Obligee, as Obligee, and are similarly held and bound unto the beneficiaries
ofthe trust fund created by RCW 60.28 and their heirs, executors, administrators,
successors and assi$s, in the penal sum of
Nine Thousand Two Hundred Ninety-nine And 80/'100THS Dollars(sg.zgg.eo ) plus 5% of auy increases in the contract amount that have
occurred or may occur, due to change orders, increases in the quantities or the addition of
any new item of work.
WHEREAS, on the _ day of _
exeCuted a Contraot with Cityof Po Angeles
the said Principal herein
for
T"mwaler Bridoe Rehabililatio n, Proiect No.: TR0216
WHEREAS, said conhact and RCW 60.28 require the Obligee to withhold from the
Principal the sum of5% from monies earned by the Principal on estimates during the
progress ofthe work, hereinafter referred to as eamed retained firnds.
WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of eamed
retained funds as allowed under Chapter 60.28 RCW.
NOW THEREFORE, this obligation is such that the Surety, its successors and assigns are
held and bound unto the Obligee and unto all beneficiaries of the trust ftnd created by
RCW 60.28.011(1) in the aforesaid sun. This bood, including any proceeds therefrom, is
subject to all claims and liens and in the same manner and priority as set forth for
retained percentages in chapter 60.28 RCw. The condition of this obligation is also that
if the Principal shall satisf all payment obligations to persons who may lawfully claim
under the tnst fund created punuant to Chapter 60.28 RCW, to the Obligee, and
indemnifu ald hold the Obligee harmless ftom any and all loss, costs and damages that
the Obligee may zustain by release ofsaid retainage to the principal, then this obligation
shall be null and void provided the Surety is ootified by the Obligee that the
requtements ofRCW 60.28.021 have been satisfied and the obligation is duly released
by the Obligee.
Page 2 of 2
IT IS HEREBY DECLARED AND AGREED rhat the Suety shall be liable under this
obligation as Principal. The Surety will not be discharged or released from liability for
any act, omission or defeoses ofany kind or naturc that would not also discharge the
Principal.
IT IS HEREBY FURTHER DECLARED AND AGREED rhat this obligation shall be
bindiag upon and inure to the benefit of the Principal, the Surety, the Obligee, the
beneficiaries of the trust fund created by Chapter 60.28, Revised Code of Washington
(RCW) and their respective heim, executo$, administrators, successoni and assigrs.
IN WTINESS WHEREOF, said Principal and said Surety have caused these presents to
be duly sigped and sealed this _ day of
By
intemational Fidelity lnsurance Company
By:
PattiWhite
Attomey-in-fact
POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANGE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 2OTH FLOOR NEWARK, NEW .JERSEY 07102.5207
K!.oW ALL iiEN BY THESE PRESET{TS: That INTERNANONAL FIDEUTY SISURANCE GOiIPANY, a co'po|-alion oTgANizEd Ad EXi
New Jersey, having their
New Jersey, a
principal ofrce
nd ALLEGHENY CASUALTY GOMPANY a corporation organized and existing undei the laws of he
in the City of Newark, Nev, Jersey, do hereby corEtihrte and appoint
the larxs ol lhe StaE of
sling
State
under
of
JIM S. KUICH, PATTI WHITE, ROSE LUSKIN, TERESA GLOMBECKI, ANDY PRILL, THERESA A. LAMB,
STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, JULIE M. GLOVER, CARL M LOVSTED III,
CHAD M. EPPLE
Bothell, WA.
their true and tawtut attomev(slin-faci to execute. seal and deliver for ard on its behalf as surety, afly and afl bonds ard underbkings, ccnhacls of indeffiity
3lEltrty:5tr-'$€Hth"H#X,is,*fit3[,ll'9ffiflS[8"11ffi;i,"t3',8g,ffi,ffiH*'Jg"i3EiftPfr^#^ffiffi8*ff,SuffiEe
couFatY-ino-A[eCFiat'iv cAso[ty COMPANY, as tutly and amply, to all intenb ard purpces, as il lhe sanE had been duly executed and
acknot /ledged by lheir regularly elected officers al their principal offices.
This Porrrer oI Attornev is execlted. and mav be revoked. oursuant to and bv authority of lhe Bv-Laws of INTERNATIONAL FIDELITY INSURANCE
cO.veANYei.a-+!sclgt'.L9{.s:u.+ry^c9}EnNY.?0d.i"-bsE,,!qgl.ifgbr.?rypg.tF,f".r9yng,ry:9rym^,99p}d^9y-["-P:']d^"1, PilT,l--T,".\, Ir r Ei\rrA l .r.,t^L r'rJELr r r,rrrv,u'rv- '4rudir@q'!EivCASUALTY COMPANY at a rneeling duly held m lhe I oth day of July, 20f5:
'RESoLVEo. lhat ( l ) ttte chief Exec1llive officer. Presk ent. ExeqJtive Mce President. Vice President or secretiarv of fle corporatioo stE[ have lhq power to
aDo.|int and fu revok6 l}te eooointrnents of. Attomevs-in-Fact or aqents wilh Dower and aulhority as defined or limited in their respeclive poiers ol attomey,
aha b dxecute on behatf of flii CorDoration and affii the ColDoralion's soal thereto. bonds. undertakings, recognizances, conhacts of indemnity and other
written oblioations in the nature thereof or related thereio: and (2) anv such Officers of the CorDoraton may appoint and revoke the appointnents ot
ioint-contmfdrstodians- aoents for acceotan@ of Drocess. and Attonieys-in-fact \tith au0loriv to execute waiveG and consents on behall ot the L;o@otatoo;
5nd a3l the aionature df a-nv such Officbr of U|e CorDoEtion and the Comot ation's seal mjv be afixed by facsimile to any power o[ atto{rEy or certificalion
oivon'for the e-xecution ol airv bond. undertakinq. recbonizance. cootact'ol indemniv or other wdtlen otiligatioo in the nabre thereof or rclated theleto,
Such sionatrre and seals wfpn so used whelher herEtofore or hereafrer. beinq herebv adooted W fle Corporalion as he odginal siqratu'e of such offcer
and t]e -orilinal seal of the Csporation, to be valid ard binding upoo the Corporabn wih-the same force and efiecl as thot gh [rEnuany affxed."
STATE OF NEW JERSEY
County of Essex
ROBERT W. MINSTER
Chief Ereortive Offcer (lnbmatiral Fidelitv
lnsurance Co.rpany) and Presirent (Allegh€ny
Casually Cfipany)
On f s 31sl day ot Decen6er 2016, beiore rne carE tf€ individual who exeqjted he preceding imtur€nt, to rne personally kno\,n, and, beilE by rE duly
sy/em. sak h6 is Ele herein descdb€d and auhqized omcer of INTERIIATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALW
COMPA}'IY; lhat tle seals affxed b sald lnsburBnt are tle Corpor-aE Seals of sd Companles; that the said CorporaE Seab and his signature wele
du!:/ effxcd ry crder ot he gcards of DirectoG cf said Corrpanies.
lN TESTIMONY WHEREOF. I have hereunto set mv nand affixcd m! Ofrcral Seal,
at the City of Newark, New Jercey the day and year first above writteri.
."ill!.iid,i{Jz
=s ."^d *",^,''t', 'zi ii >.r Ii i_: : t ourrrr o.' :
?e#,ffi$A NOTARY PUBLIC OF NEW JERSEY
l',,iy Cornrnissioo Exfires April 16, m19
l, the underslgned ofrcer of INTERI'IATIONAL FIDELITY INSURANCE COI\4PANY and ALLEGHENY CASUALry COMPANY do hereby cefify that I have
coripared tle forcgoing copy cf he Polwer o, Atiomey and affidavil and fle copy ot the Sections o, lhe By-Laws of said Companies 6 sel forth in said
Power o, Attorney, with the originals on file in the honE offce of said companiBs, and that the sarne are correct bansctipts hereol and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is non ln full force and efbct.
day of
4lWfA,*.D-
, MARIA BRANCO, Assistant S€sEtary
?
1936
c
lN TESTIMONY WHEREOF, I have hereunto set my hand tris
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY ald ALLEGHENY CASUALTY COMPANY IEVE EAdI EXEq,tEd ANd
attesEd hese preseflts oo tds 31st day of Decaflter, 2016.
c*u g-4
CERTIFICATION
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