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HomeMy WebLinkAbout000423 Original ContractContract Title: City of Port Angeles Public Works Utilities Dept. Operations Office 1703 South B Street Port Angeles WA 98362 Tel: 360 417 -4541 Fax: 360 452 -4972 Request for Quotation Contract City of Port Angeles Record #00423 LIMITED PUBLIC WORKS PROCESS PALF Stormwater Utility Repair Project Number: SW -12 -020 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND Bruch Bruch Construction. Inc "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: Mav 11. 2012. All work under this Contract is to be completed 10 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. The performance period under this Contract commences calendar days after notice to proceed and ends ()a days thereafter or after contract award). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): n Force Account Time and material, not to exceed: Force Account Time and actual expenses incurred, not to exceed: Ezi Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: 36.295.57 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 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 as are mentioned in the specifications to be furnished by the City of Port Angeles. 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 contract number. Invoices shall be in a format acceptable to the City. 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. SW -12 -020 Page 1 Rev. 8/30/2011 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. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and /or materials discovered within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and /or materials in the corrected work for one year after acceptance of the corrections by the City. 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. Warranty. 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 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. 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 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 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. 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 SW -12 -020 Page 2 Rev. 8/30/2011 1 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. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. 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. INSURANCE 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 and retainage will apply in accordance with Washington State law. A retainage of 5% will then 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 and Payment Bond form, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works Utilities (Telephone 360 417- 4541). Performance Bond and Retainage forms are provided in Attachment D. 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 SW -12 -020 Page 3 Rev. 8/30/2011 from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by the Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bond(s) as the person authorized to execute it (them). 11. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries. It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage The Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services rendered, Contractor shall submit an "Affidavit of Wages Paid For a contract award or an on -call contract work order 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. In case any dispute arises as to what are 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. 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. 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 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. 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. SW -12 -020 Page 4 Rev 8/30/2011 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 A. 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. B. 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: Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; An employment security department number as required in Tile 50 RCW; and A state excise tax registration number as required in Tile 82 RCW; An electrical contractor license, if required by Chapter 19.28 RCW; 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). SW -12 -020 Page 5 Rev. 8/30/2011 IN WITNESS WHEREOF, the parties have executed this Contract as of t'nt4 4 2012. Contractor CITY OF PORT ANGELES By: v Printed Name: 51 Ni Cac.e d Title: J\kle■NJ+eGi Address: C10 w tk wti a 1 City: {.NtC,cFS v./A G %3.03 Tax ID fI1' INSlb3 Phone Number: 34--.(cZ- 30ob SW -12 -020 Page 6 By. Printed Name:L I �i •P•e,i 1 Title: W r lam(I VY1 CI T +v l u-r'lcl -Q/ 0 (J Purchase Order Rev. 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360 417 -4541 The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. 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: Repair existing stromwater line located at the Port Angeles Landfill Location: Port Angeles Landfill 3501 West 18 Street Port Angeles, Washington 98363 Site Point of Contact: James Burke at 360 417 -4809 Work Hours and Schedule: The contractor will be allowed to work from 7 AM AM to 10 PM PM, Monday through Friday Work outside of these hours must be requested in writing and will be at the discretion of the City Engineer. Permits: No construction permits necessary. Work Requirements: 2.0 Standard Specifications This contract incorporates the Washington State Department of Transportation's 2012 Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of Por 1 Angeles Urban Services Standards and Guidelines (current edition). 1.0 Project Description This work will include repairing 20 feet of a damaged 24 -inch stormwater line between the west detention pond and the 351- compliant cell (Figure 1). Methane gas was detected in the stormwater manhole that receives the stormwater from the broken pipe (Figure 2). The Contractor will be responsible for removing the broken section of stormwater pipe and replacing it with PVC pipe. During construction, the Contractor will be responsible for monitoring the methane gas and providing a safe work environment for all workers. Any refuse removed from the trench will be disposed of at the Port Angeles Regional Transfer Station. SW -12 -020 Page 7 ATTACHMENT "A" WORK BY CONTRACTOR Rev. 8/30/2011 3.0 Site Ma and Photos: Broken Stormwater Pipe Figure 1: Aerial Photo of Site Area Figure 2: Area of Excavation SW-12-020 Page 8 Approximate Location of Broken Storrs neater Pipe 1 350 Feet Rev. 8/30/2011 Map Legend SW Discharge point SW Manhole SW Wet well II SW Catchbasm SW Main SW Culvert SW Ditch 4.0 Description of Work This work will include repairing 20 feet of a damaged 24 -inch (I.D.) stormwater line between the west detention pond and the 351- compliant cell. Methane gas was detected (96 LEL) in the stormwater manhole that receives the stormwater from the broken pipe. The Contractor will be responsible for removing the broken section of stormwater pipe and replacing it with PVC pipe. During construction, the Contractor will be responsible for monitoring the methane gas and providing a safe work environment for all workers. Any refuse removed from the trench will be disposed of at the Port Angeles Regional Transfer Station. Elements of work for the PALF Stormwater Repair Project include, but are not limited to the following: All employees engaged in the Work shall have received the OSHA 40 -hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Training required under 29 CFR 1910.120. Repair 20 feet of damaged 24 -inch (I.D.) concrete stormwater pipe. Depth of pipe is approximately 8 -10 feet. (Methane gas was detected (96 LEL) in the stormwater manhole that receives the stormwater from the broken pipe.) The Contractor will be responsible for removing the broken section of stormwater pipe and replacing it with PVC pipe. The Contractor shall submit a catalog cut recommending flexible couplers or fittings to the City for approval. Remove all refuse from excavated area and properly dispose of at Port Angeles Regional Transfer Station. Scales at Port Angeles Regional Transfer Station are located approximately 700 feet south of work area. The disposal area is approximately 2,000 feet south of the work area. If excavated material from trench is determined suitable for backfill by the City Engineer, the Contractor will stockpile the material as directed by the City Engineer. If some or all material is suitable for backfill, quantities for Bid Items COMMON BORROW and GRAVEL BACKFILL FOR PIPE ZONE BEDDING shall be appropriately adjusted. The Contractor will be responsible for monitoring the methane gas and providing a safe work environment for all workers. Bid Item 4— HEALTH SAFETY PLAN Contractor shall provide written documentation that all employees engaged in the Work have received the OSHA 40 -hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Training required under 29 CFR 1910.120. Contractor shall submit a site specific Health and Safety Plan that specifically addresses health and safety hazards associated with the project site. At a minimum, the Health and Safety Plan shall address the following elements: staff organization, responsibilities, and authorities; site description and identification of hazards; hazard analysis; required general and site specific training; personal protective equipment; standard operating safety procedures, engineering controls, and work practices (including a prohibition of single person work crews); communications; illumination; site control measures; personnel hygiene and decontamination; equipment decontamination; emergency equipment and first aid; emergency response and contingency procedures; and logs, reports, and record keeping. It is not the responsibility of the Owner to develop and /or manage the safety and health programs of Contractors or in any way assume the responsibility for the safety and health of their employees. It is SW -12 -020 Page 9 Rev. 8/30/2011 SW -12 -020 required that all Contractors adhere to applicable federal, state and local safety and health standards and requirements. Bid Item 6— STRUCTURE EXCAVATION CLASS B, INCL. HAUL Section 2 -09.1 Description has been supplemented with the following: If the Contactor encounters refuse in the trench limits, the Contractor shall haul the refuse to the City of Port Angeles Regional Transfer Station as directed by the City Engineer. The Contractor must implement appropriate health and safety procedures to assure safe working conditions. The volume of waste is unknown, but the contractor shall not excavate waste any deeper than one foot below pipe or as directed by the City Engineer. All current disposal rates at the Port Angeles Regional Landfill apply for this project. Section 2 -09.4 Measurement, the first three sentences have been deleted and replaced as follows: The type of material being excavated may potentially contain unsuitable material for backfill. If the material is determined to be unsuitable, the contractor shall haul the material to the Port Angeles Regional Transfer Station and properly dispose of the material. The Contractor shall provide all documentation for equipment, labor, and materials. The Contractor and City Engineer will reconcile time and material measures daily. Unresolved measures will be identified for continued discussion. City of Port Angeles Landfill scales shall be used prior to disposing the waste at the transfer station. Section 2 -09.5 Payment has been revised as follows: Delete the forth sentence and replace with the following: "Structure Excavation Class B per force account If excavated material is suitable for backfill, the City Engineer may direct the Contractor to stockpile the material onsite and use as trench backfill. If the material is determined to be unsuitable, the contractor shall haul the material to the Port Angeles Regional Transfer Station and properly dispose of the material. Disputed items will be resolved through continued reconciliation, then dispute resolution in accordance with the Contract. Payment shall constitute full compensation for all labor, equipment, tools, materials and incidentals necessary to accomplish the Work as specified. Bid Item 8— SOLID WALL PVC STORM SEWER PIPE 24 IN. DIAM Section 7 -04.5 Payment is supplemented as follows: The unit contract price per linear foot for storm sewer pipe of the kind and size specified shall be full payment for road restoration and restoration of any other existing facilities damaged or destroyed during construction. In addition, Bid Item SOLID WALL PVC STORM SEWER PIPE 24 IN. DIAM shall include payment for two flexible couplers attaching the PVC storm sewer pipe to the existing concrete pipe. The Contractor shaiisubmita catalog cut recommending flexible couplers or fittings to the City for approval. Page 10 Rev. 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 ATTACHMENT "B" 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. Indemnification 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 Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Contractor shall procure and maintain for the duration of the 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, their agents, representatives, employees or subcontractors. No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein 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. 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 SW -12 -020 Page 11 Rev. 8/30/2011 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 and $2,000,000 products- completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. SW -12 -020 Page 12 Rev. 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 See attached listing: ATTACHMENT "C" PREVAILING WAGE RATES 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, effective May 2, 2012. 2. To access applicable prevailing rate(s) of wages rates for the describe work by trade, use the following Labor and Industries website link: htto:// www. lni. wa. oov/ TradesLicensina /PrevWaae /WaaeRates /default.aso 3. A copy of the applicable prevailing wage rates can be obtain by contacting Lucy Hanley at 360 417 -4541 or by email, Ihanlevecitvofoa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. SW -12 -020 Page 13 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360 417 -4700 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and 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 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 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 the above bounded Principal, a certain contract, the said contract being numbered SW -12 -020, and providing for PALF Stormwater Utility 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, 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. Signed this day of 20_ Surety By SW 12 202 Title Surety Address Surety Contact and Phone Number ATTACHMENT "D" PERFORMANCE BOND RETAINAGE PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond Washington, this day of 20� Principal By Title Agent Address Agent Contact and Phone Number Page 1 Rev.4 /11 /2012 TO ESCROW AGREEMENT for RETAINED PERCENTAGE PALF Stormwater Utility Repair, SW 020 THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, in accordance with chapter 60 28 of the Revised Code of Washington It is limited to FDIC insured Washington State Chartered Banks who are covered by the State of Washington Public Deposit Protection Act. The undersigned. (as "Contractor has directed the CITY OF PORT ANGELES (as "City"), to deliver to you its warrants which shall be payable to you and/or the contractor The warrants are to be held and disposed of by you in accordance with the following instruction INSTRUCTIONS 1. Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection You shall use the monies to purchase investments selected by the Contractor and approved by the City You may follow the last wntten direction received by you from the Contractor, for each purchase, provided the direction otherwise conforms with this agreement Acceptable investments are A. Bills, certificates, notes or bonds of the United States; B. Other obligations of the United States or its agencies; C. Obligations of any corporation wholly owned by the Government of the United States; D. Indebtedness of the Federal National Mortgage Association; E. Time deposits in commercial banks; F. Other investments, except stocks, selected by the Contractor, subject to express prior written consent of the City. 2 The investments shall be in a form which allows you alone to reconvert them into money if you are required to do so by the City. 3 The investments must mature on or prior to the date set for the completion of the contract, including extension there of or thirty (30) days following the final acceptance of the work. 4 When interest on the investments accrues and is paid, you shall collect the interest and forward it to the Contractor unless otherwise directed by the Contractor 5. You are not authorized to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies derived from the sale of such investments, or the negotiation of the City's warrants) except in accordance with the written instructions from the City Compliance with such instructions shall relieve you of any further liability related thereto 6 In the event the City orders you, in writing, to reconvert the investments and retum all monies, you shall do so within thirty (30) days of receipt of the order 7 The Contractor agrees to compensate you for your services in accordance with your current published schedule of applicable escrow fees Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any monies placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the investments and monies held hereunder, whereupon you shall be entitled to reimburse yourself from such monies for the entire amount of your fee 8 This agreement shall not be binding until signed by both parties and accepted by you SW -12 -202 Escrow No.: City of Port Angeles Contract No. SW -12 -020 Completion Date: 9 This document contains the entire agreement between you, the Contractor, and the City, with respect to this Escrow, and you are not a party to, nor bound by any instrument or agreement other than this You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct CONTRACTOR Federal Tax I.D No By Title: Address DATE CITY OF PORT ANGELES By Title DATE THE ABOVE ESCROW AGREEMENT RECEIVED AND ACCEPTED on the day of 20 BANK By Title Address DISTRIBUTION City Clerk Contractor Financial Institution File Copy Page 2 Rev. 4/11/2012 City of Port Angeles Engineering Office Public Works and Utilities Department 360-417-4700 KNOW ALL MEN BY 'DAM PRESENTS: Dated at Tacoma The conditions of the above obligation are such that: Signed this 3rd day of Mav 2012 Travelers Casualty and Surety Company of Amenca SW-12-202 Jeni tfer nvder- Attorney -in -Fact Tit 5 1 Fourth Ave, Suite 1650 Seattle WA 9R1(11 Surety Address Maggie Hogan, 206 326 -4290 Surety Contact and Phone Number ATTACHMENT "D" PERFORMANCE BOND RETAINAOE PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond 105761677 That we, the undersigned, Bruch Bruch Construction. Inc as Principal, and Travelers Casualty and Surety Company of Amenca a corporation, organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds or 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 S Thirty Six Thousand Two Hundred Ninety Five and 57/100THS ($36,295.57) for the payment of which suln 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 tho statutes of the State of Washington and the ordinances of the City of Port Angeles, Washington, this 3rd day of May 2012 wifERRAS, the City of Port Angeles has let or is about to let to the said Bruch Bruch Construction, Inc. the above bounded Principal, a certaln contract, the said contract being numbered SW -12 -020, and providing for PALE Stormwater Utility Rely (which contract is referred to herein and is made apart hereof as though attachedhereto), and WHJIRI;AS, 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, Bruch Bruch Construction. Inc. shall faithfully perform all of the provisions of said contract in the ratiiurer and within tho time therein sot 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 offailuro ofperformance as apecifled 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 yeareller its aeceptnnaethereofby the City ofP'ort Angeles, then and in that event, this obligation shall be void; but otherwise, it shall be and remain in full force and effect. Bruch Bruch Construction, Inc. Principal, Page 1 Title PO Box 2940 Tacoma, WA 98401 .Agent Address Brent Heilesen, 253 759 2200 Agent Contact and Phone Number Rev. rt /11/2012 TRAVELERS State of Connecticut City of Hartford ss In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016 58440-6-11 Printed in U S A. WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY 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 Attorney -In Fact No. 223961 Certificate No. 0 0 4 4 9 5 7 0 6 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 Underwnters, 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 Eric Zimmerman, Karen Swanson, Brent E Heilesen, Anne E Strieby, James B Binder, Peter J Comfort, Jennifer L Snyder, Julie R Truitt, Peggy A Firth, Tamane Ellingsen, Steve Marenkovich, Christopher Kenyon, Jamie Deemer, and Brady Moriarty of the City of T State of Wachingtnn their true and lawful Attorney(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 undertakings and other wntings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peruutted-in any or-proceedings allowed by law St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company r IN WITNESS WHEREOF, the Companies have caused this instrument to be signed:and their corporate seals to be hereto affixed, this day of August 2011 Farmington Casualty Company' Fidelity and GuarantyInsurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SSAL ols r; ,e By St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 30th day of August 2011 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 Amenca, and United States Fidelity and Guaranty Company, and that he, as such, being authonzed 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 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Georg6 Thompson, emorf/ice President 30th a N/‘ C Marie C Tetreault, Notary Public 1 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of 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, 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 wntings 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 wntmg 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 wnting 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 prescnbed in his or her certificate or their certificates of authonty 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 Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof, and any such Power of Attorney or certificate beanng 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, Kevin E Hughes, the undersigned, Assistant Secretary, of 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, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United'States Fidelity,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 Companies' which'is in'fiill force,aiid'effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed th seals of sard•;Companies this .V day of :t b> '::J y .cam y ay l y pl NS( i 4 08 4, Z o4. SSA.L T leg■^ E Hughes, Assistant Sec tary WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Vfl (A io J To verify 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 Client#: 57170 BRUCBRUCI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 5/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURER(S) AFFORDING COVERAGE 1 INSURER A: Valley Forge Insurance Company 1 INSURER B: Continental Casualty Company 1 INSURER c American Casualty Company I INSURER D I INSURER E 1 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSURED LTR I TYPE OF INSURANCE I NSRL B RI POLICY NUMBER A 1 GENERAL LIABILITY X X 2083361476 7 COMMERCIAL GENERAL LIABILITY C B A Bruch Bruch Construction Inc. 1706 Highway 101 West Port Angeles, WA 98362 -I CLAIMS -MADE X OCCUR X PD Ded:3,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY I XI P n LOC AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS x UMBRELLA LIAB X OCCUR I EXCESS LIAB CLAIMS -MADE 1 DED 1 'RETENTION 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y IN ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below CERTIFICATE HOLDER ACORD 25 (2010/051 X SCHEDULED AUTOS NON -OWNED AUTOS N City of Port Angeles PO Box 1150 Port Angeles, WA 98362 N/A 2083361493 4029254009 Re: All operations performed by the Named Insured 2083361476 WA Stop Gap ONLY CONTACT A NAME nna Reid I PHONE 800 499 -0933 (A/C, No. Ext): E-MAIL ADDRESS: amr@propelinsurance.com p DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) POLICY EFF POLICY EXP (MM /DD/YYYY) (MM /DD/YYYY) 05/14/2012 05/14/20131 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) D5/14/2012 05/14/20131 CEa OMBINED accldentl SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 05/14/2012 05/14/2013 EACH OCCURRENCE AGGREGATE 05/14/2012 05/14/20131 WC STATU- OTH- ITDRYIIMITR I FR E L EACH ACCIDENT CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE oa zi33 FAX 866.577.1326 20443 LIMITS 1,000,000 300,000 MED EXP (Any one person) $5,000 PERSONAL ADV INJURY $1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS COMP/OP AGG $2,000,000 $1,000,000 $3.000.000 $3.000.000 $1,000,000 E L DISEASE EA EMPLOYEE $1.000.000 E L DISEASE POLICY LIMIT $1,000,000 NAIC 1988-2010 ACORD CORPORATION. All rights reserved. 1 of 1 The ACORD name and Joao are reaistered marks of ACORD