HomeMy WebLinkAbout000226 Original ContractPUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate this day of 9419k 9olI, 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 ..S oZc 1 CICC 4 v k t-'f -77NC
a L J A STATE COe pe AT/ elJ 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, THEREFORE, in consideration of the terms, conditions, and agreements contained herein,
the parties hereto agree as follows:
1. Scone of Work.
The Contractor shall do all Work and furnish all tools, materials, and equipment in order to
accomplish the following project:
Olympic Discovery Trail (ODT) Bulkhead Repair and Slide Repair,
Project No. PK 06 -09 PK 05 -09.
in accordance with and as described in Section 1 -01.3 of the Washington State Department of
Transportation Standard Specifications, 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.
2. 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 commence Work within ten (10) calendar days after Notice to
Proceed from the City, and said Work shall be physically completed within Forty (40) working days after
said Notice to Proceed, unless a different time frame is expressly provided in writing by the City.
3. Compensation and Method of Payment.
A. The City shall pay the Contractor for Work performed under this Contract as detailed in
the bid, as incorporated in the Project Manual.
B. Payments for Work provided hereunder shall be made following the performance of such
Work, unless otherwise permitted by law and approved in writing by the City. No
payment shall be made for any Work rendered by the Contractor except as identified and
set forth in this Contract.
CITY OF PORT ANGELES
Project No PK 06 -09 PK 05 -09 II -1
August 2011
C. Progress payments shall be based on the timely submittal by the Contractor of the City's
standard payment request form.
D. Payments for any alterations in or additions to the Work provided under this Contract
shall be in accordance with the Request For Information (RFI) and/or Construction
Change Order (CCO) process as set forth in the Project Manual. Following approval of
the RFI and/or CCO, the Contractor shall submit the standard payment request form(s).
E. The Contractor shall submit payment requests with a completed Application for Payment
form, an example of which is included in the Attachments to this Contract. This form
includes a lien waiver certification and shall be notarized before submission. Applications
for payment not signed or notarized shall be considered incomplete and ineligible for
payment consideration. The City shall initiate authorization for payment after receipt of a
satisfactorily completed payment request form and shall make payment to the Contractor
within approximately thirty (30) days thereafter.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No agent,
employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City, and the employees of the Contractor are not entitled to any of the benefits
the City provides for its employees. The Contractor shall be solely 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. Prevailine Waae Reauirements.
The Contractor shall document compliance with applicable prevailing wage requirements of the
Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter
296 -127 WAC and shall file with the City appropriate affidavits, certificates, and/or statements of
compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates
for Public Works Contracts, Clallam County, incorporated in this Contract have been established by the
Department of Labor Industries and are included as an Attachment to this Contract. The Contractor
shall also ensure that any Subcontractors or agents of the Contractor shall comply with the prevailing
wage and documentation requirements as set forth herein.
6. Indemnification and Hold Harmless.
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials,
employees, and volunteers against and from any and all claims, injuries, damages, losses,
or 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
CITY OF PORT ANGELES
Project No PK 06 -09 PK 05 -09
II August 2011
7. Insurance.
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.
The insurance coverage shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications Division 1- 07.18.
A. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement 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.
8. Compliance with Laws.
A. The Contractor shall comply with all applicable Federal, State, and local laws, including
regulations for licensing, certification, and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as set forth
in the Project Manual.
B. The Contractor shall pay any applicable business and permit fees and taxes which may be
required for the performance of the Work.
C. The Contractor shall comply with all legal and permitting requirements as set forth in the
Project Manual.
9. Non Discrimination.
Non discrimination shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications and the Special Provisions Division 1- 07.11.
10. Assignment.
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.
CITY OF PORT ANGELES
Project No PK 06 -09 PK 05 -09
1I -3 August 2011
B. The Contractor hereby assigns to the City any and all claims for overcharges resulting
from antitrust violations as to goods and materials purchased in connection with this
Contract, except as to overcharges resulting from antitrust violations commencing after
the date of the bid or other event establishing the price of this Contract. In addition, the
Contractor warrants and represents that each of its suppliers and Subcontractors shall
assign any 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 immediate notice of the
existence of any such claim.
11. Contract Administration.
This Contract shall be administered by FIF 'kart b ,at SSG i on behalf of the Contractor
and by James M. Mahlum. Proiect 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: _QV:
12. Interpretation and Venue.
This Contract shall be interpreted and construed in accordance with the laws of the State of
Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam
County, Washington.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year first set forth above.
CONTRACTOR:
r
Name of Contractor
Title: Pee..-6/
CITY OF PORT ANGELES
Project No PK 06 -09 PK 05 -09
CITY OF PORT ANGELES:
Attest:
Mayor
Approved as to Form:
e"
City Attorney
City Clerk
City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, WA 98362 -0217
II -4 August 2011
Signed this 10 day of October 20�,
Travelers Casualty Surety Company of America
Surety
By
fff���
Attorney in Fact
Title
P.O. Box 1347, Port Angeles, WA 98362
Surety Address
Thomas L. Fryer, 360 457 -1144
Surety Contact and Phone Number
CITY OF PORT ANGELES
Project No. PK 06-09 PK 05-09
CONTRACT BOND
Bond to the City of Port Angeles Bond 105683969
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Jordan Excavating, Inc. as Principal, and
Travelers Casualty Surety Company of America a corporation, organized and existing under the laws of the State
of Washington, as a surety corporation, and qualified under the laws of the State of Washington to
become Surety upon bonds of Contractors with municipal corporations as surety, are jointly and severally
held and firmly bound to the City of Port Angeles in the penal sum of 336,948.00
for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators, or
personal representatives, as the case may be.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of
the City of Port Angeles.
Dated at Port Angeles Washington, this 10 day of October 20 11
The conditions of the above obligation are such that:
WHEREAS, the City of Port Angeles has let or is about to let to the said Jordan Excavating, Inc the
above bounded Principal, a certain Contract, the said Contract being numbered PK 06-09 PK 05 -09
and providing for {CDT Bulkhead Repair Slide Repair (which Contract is referred to herein and is
made a part hereof as though attached hereto), and
WHEREAS, the said Principal has accepted, or is about to accept, the said Contract, and undertake to
perform the Work therein provided for in the manner and within the time set forth; now, therefore,
If the said Principal, Jordan Excavating, Inc. shall faithfully perform all of the
provisions of said Contract in the manner and within the time therein set forth, or within such extensions
of time as may be granted under said Contract, and shall pay all laborers, mechanics, Subcontractors and
materialmen, and all persons who shall supply said Principal or Subcontractors with provisions and
supplies for the carrying on of said Work, and shall indemnify and hold the City of Port Angeles harmless
from any damage or expense by reason of failure of performance as specified in said Contract or from
defects appearing or developing in the material or workmanship provided or performed under said
Contract within a period of one year after its acceptance thereof by the City of Port Angeles, then and in
that event, this obligation shall be void; but otherwise, it shall be and remain in full force and effect.
Jordan Excavating, Inc.
Principal
President
Title
P.O. Box 1347, Port Angeles, WA 98362
Agent Address
Thomas L. Fryer, 360 457 -1144
Agent Contact and Phone Number
II August 2011
TRAVELERSJ
Attorney -In Fact No. 214855
KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint
Thomas L Fryer
of the City of Pori Angeles State of Washington their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertalungs and
other writings obligatory in the nature thereof on behalf of the Companies in thei usiness of_guaranteemg the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted•in any actions or;proceedings allowed by law
IN WIT N ESS WHEREOF, the Companies have caused this instrument terbe signedpand their coiporate seals to be hereto affixed, this
day of y 2009
State of Connecticut
City of Hartford ss
58440 4 09 Printed in U.S.A.
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Farmington Casualty Company
Fidelity and GuarantylInsuranceCompany�
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2011
POWER OF ATTORNEY
By
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 03128628
14th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
George6Thompson, for /'ice President
On this the 14th day of Jul 2009 before me personally appeared George W Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters,
Inc St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
`c(\ can C
`Mane C Tetreault, Notary Public
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance
Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act For and on behalf
of the Company and may give such appointee such authonty as his or her certificate of authonty may prescnbe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other wntmgs obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary, and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or wntmg obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wntten delegation of authonty; and it is
FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretanes or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other wrtings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached
I, Kon M Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwnters, Inc St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of Amenca, and United'States Fidel y and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Compames� which is m -full force and and has not been revoked
S� ""S T f
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said "Companies this
t+ r
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
1 0 day of October
Kori M Johansc6/Assistant Secretary`
,201
To venfy the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached
October 12, 2011
To: City of Port Angeles
James Muhlum, Civil Engineer /Project Manager
Jordan Excavating Inc.
Jeffrey W. Konopaski
(360) 452-3270 (360) 808 -1804 Cell
452 -2009 Fax E-Maikjkono@olypen.com
Re: Olympic Discover Trail Bulkhead and Slide Repair, Project No.,s PK 06 -09 PK 05 -09
Retainage Plans
Jordan Excavating selects the option to have the City palce the retainage in an
interest bearing account. (Included in letter 10 -6 -11 under Escrow Agreement, last sentence.)
ACORD CERTIFICATE OF LIABILITY INSURANCE
1
1
1
1
1
1
PRODUCER
II M.M. Fryer Sons Ins. Inc.
P.O. Box 1347
Port Angeles WA 98362
A
A
A
Jordan Excavating, Inc
1826 South Golf Course Road
Port Angels WA 98362
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY 54726629
X
CLAIMS MADE
X
GEN'L AGGREGATE LIMIT APPLIES PER
X I POLICY I PRO- I LOC
AUTOMOBILE LIABILITY
X ANY AUTO 54726629 03/19/11 03/19/12
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS /UMBRELLA LIABILITY
OCCUR CLAIMS MADE 54726629
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED'?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
Operations of the above
Slide Repair, Project
Angeles as additional
OCCUR
54726629
WA STOP GAP
insured
Numbers:
insured.
CERTIFICATE HOLDER
City of Port Angeles
PO Box 1150
Port Angeles WA 98362
ACORD 25 (2001/08)
CITYOFP
OP ID MCI DATE (MM /DD/YYYY)
JORDA -1 10 /10 /11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone: 360- 457 -1144 Fax: 360- 457 -9440 INSURERS AFFORDING COVERAGE NAIC
INSURED
INSURER A American Fire and Casualty Co
INSURER B
INSURER C
INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
mart ^auv yy POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR NSRD DATE (MM /DD/YY) DATE (MM /DD/YY)
EACH OCCURRENCE
03/19/11 0 3 19 12 PREMISES (Ea occurence)
MED EXP (Any one person)
I PERSONAL ADV INJURY
I GENERAL AGGREGATE
03/19/11 03/19/12
CANCELLATION
I PRODUCTS COMP /OPAGG 2
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
I AUTO ONLY EA ACCIDENT I
EA ACC
AGG
EACH OCCURRENCE $2,000,000
OTHER THAN
AUTO ONLY
RE: Olympic Discovery Trail Bulkhead and
PK06 -09 PK05 -09 naming the City of Port
LIMITS
WGJiHIU- UiH-
TORY LIMITS X ER
E L EACH ACCIDENT
E L DISEASE EA EMPLOYEE
E L DISEASE POLICY LIMIT
$1,000,000
$100,000
$5,000
$1,000,000
1$2,000,000
$1,000,000
03/19/11 03/19/12 AGGREGATE $2,000,000
$1,000,000
$1,000,000
$2,000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHO ED REPRES AT
ACORD CORPORATION 1988