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HomeMy WebLinkAbout000597 Original Contractr7 h WORKS Contract Title: Underground Cable Replacement Project Number: CL02 -2011 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A CL02 -2011 SMALL WORKS ROSTER Request for Bid Contract City of Port Angeles Record #000597 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND Magnum Power LLC "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: All work under this Contract is to be completed 180 calendar days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work). The performance period under this Contract commences calendar days after notice to proceed and ends (xx days thereafter or after contract award). Force Account Time and material, not to exceed: Force Account Time and actual expenses incurred, not to exceed: Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: Firm Fixed Price set forth in Contractor bid or quote in the amount of: $94.362.20 The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A. B. The Contractor shall maintain time and expense records, which may be requested by the City. The contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's 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. 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 Contractor, upon the occurrence of any one or more of the events hereafter specified. CL02 -2011 Page 2 Rev. 8/30/2011 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. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless.the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this CL02 -2011 Page 3 Rev. 8/30/2011 purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the City. 11. INSURANCE, BONDS, RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds 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 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). 12. 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. 13. 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. 14. 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 CL02 -2011 Page 4 Rev 8/30/2011 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. 15. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 16. 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. 17. 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. 18. 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. 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. 19. SUBCONTRACTOR RESPONSIBILITY The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; Have a current state unified business identifier number; If applicable, have: 1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; 2) An employment security department number as required in Tile 50 RCW; and 3) A state excise tax registration number as required in Tile 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCW; 5) An elevator contract license, if required by Chapter 70.87 RCW. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 20. COMPENSATION AND METHOD OF PAYMENT. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract. CL02 -2011 Page 5 Rev. 8/30/2011 B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor 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 Attachment E 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. Final payment requests shall also include a Certification of Work Completion and Acceptance located in Attachment E). IN WITNESS WHEREOF, the parties have executed this Contract as of MAGNUM POWE LLC By: �!I y Printed Name: J *11111/ Title: QV"r Address: Pk L City: Like-v 9 �blOZ Tax ID Phone Number: X60- (✓0'2393 CL02 -2011 92-15b 439 fi CITY OF PORT ANGELES hi a 2013. By: Printed Name: Oa''"' mctce Title: "7 141c41-a-9. APPROVED AS TO FORM: BY: CITY ATTORNEY ATTEST: BY: .0440 D`+ W'Lv( CLERK Purchase Order al 3 c3 Page 6 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 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: Replace faulted underground distribution cables. Location: Port Angeles, Washington Site Point of Contact: Richard Hixon at 360 477 -5895. Work Hours and Schedule: The contractor will be allowed to work from 7:00 AM to 3:30 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer. Permits: None required Work Requirements: 1.0 Project Description Replace faulted cables 2.0 Standard Specifications The 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 Port Angeles Urban Service Standards and Guidelines (current edition). The following City of Port Angeles Technical and Material Specifications are part of this contract: MDUC 101, MDUC -302 3.0 Drawings: ATTACHMENT "A" WORK BY CONTRACTOR The following listed drawings are part of this contract: T -1, S -1, E -1, E -2, E -3, and E -4. The following City of Port Angeles Construction Standards are part of this contract: U103, U105, U304, UM001, UM006, UM401. 4.0 Description of Work Replace faulted directly- buried underground 15kV distribution cables with new conduit and cables. Provide trenching, backfilling, pavement cutting and repair. Install new conduit and cable, cable terminations, and other hardware as noted on drawings. Material to be provided by City shall be as defined on drawing sheet S -1, paragraph 1.5B. CL02 -2011 Page 7 Rev. 8/30/2011 5.0 Specification for 15kV Primary Cable No. 1/0 Aluminum, EPR Insulation Full Concentric Stock #280-058-00001 MDUC 101 5.1 Cable, one conductor, No. 1/0 AWG aluminum, ethylene- propylene rubber (EPR) thermoset insulation, shielded, full concentric neutral, tree resistant, suitable for direct burial, for use on single phase, 7.2/12.47 kV system. Cable shall be manufactured and tested in accordance with ICEA Specifications S -94 -649, and all applicable standards of the American Society of Testing Materials (ASTM) and Association of Edison Illumination Companies (AEIC). 5.2 Central conductor shall be #1 /0 Aluminum, Class B Stranded, per ASTM B -609 and B -231. 5.3 Conductor shield shall be semi conducting thermosetting material that is compatible with all cable components with which it is in contact, meeting or exceeding requirements of ICEA S -94 -649 and AEIC CS8. 5.4 Insulation shall be extruded amorphous EPR, 72% maximum ethylene content, meeting or exceeding the requirements of ICEA S -94 -649 and AEIC CS8 for 133% insulation level. 5.5 Insulation shield shall be extruded semi conduction thermosetting material that is compatible with all cable components with which it is in contact, meeting of exceeding the requirements of ICEA 5 -94- 649 and AEIC CS8. 5.6 Concentric conductor shall be 16 bare #14 AWG copper wires. 5.7 Jacket shall be black extruded material meeting or exceeding the requirements of ICEA S -94 -649. 5.8 Dimensions shall meet the following minimums: 5.8.1 Nominal diameter over insulation: 5.8.2 Nominal outside diameter: 5.8.3 Weight per 1000 feet: 0.84 miles 1.15 inches 752 lbs. 5.9 Copies of all test results required by AEIC and referenced publications shall be sent to the City of Port Angeles Electrical Engineering Manager prior to cable shipment. 6.0 Ship cable on new non returnable wood reels manufactured to NEMA WC 26 standards, no to exceed 48 inches diameter. All reels shall be supplied with brake holes and metal bushings in the arbor holes. Mark each reel in two places with AEIC CS6 -96 (J.3) information. All reels shall be covered with Class 2 physical protection per NEMA standards. 6.1 Ampacity in Duct: 170 amps at 90 °C, and 20 °C ambient. 6.2 Manufacturer /Catalog Numbers: 6.2.1 Okonite Type URO -J 6.2.2 Prysmiah Type Doubleseal 6.2.3 Kerite #161 -23 -3072 #301438A #111A15-31200 CL02 -2011 Page 8 Rev. 8/30/2011 6.0 Specification for 15kV Primary Cable No. 4/0 Aluminum, EPR Insulation one -Third Concentric Stock #280 058 -00002 MDUC 302 6.1 Cable, one conductor, 4/0 AWG aluminum, ethylene propylene rubber (EPR) thermoset insulation, shielded, one -third concentric neutral, tree resistant, suitable for direct burial, for use on three phase, 7.2/12.47 kV system. Cable shall be manufactured and tested in accordance with ICEA Specification S -94 -649, and all applicable standards of the American Society of Testing Materials (ASTM) and Association of Edison Illuminating Companies (AEIC). 6.2 Central conductor shall be 4/0 AWG Aluminum, 19 Class B stranded, per ASTM B -609 and B -231. 6.3 Conductor shield shall be semi conducting thermosetting material that is compatible with all cable components with which it is in contact, meeting or exceeding requirements of ICEA S -94 -649 and AEIC CS8. 6.4 Insulation shall be extruded amorphous EPR, 72% maximum ethylene content, meeting or exceeding the requirements of ICEA S -94 -649 and AEIC CS8 for 133% insulation level. 6.5 Insulation shield shall be extruded semi conducting thermosetting material that is compatible with all cable components with which it is in contact, meeting of exceeding the requirements of ICEA S -94- 649 and AEIC CS8. 6.6 Concentric conductor shall be 11 bare #14 AWG copper wires. 6.7 Jacket shall be black extruded material meeting or exceeding the requirements of ICEA S -94 -649. 6.8 Dimensions shall meet the following minimums: 6.8.1 Nominal diameter over insulation: 6.8.2 Nominal outside diameter: 6.8.3 Wight per 1000 feet: 6.9 Copies of all test results required by AEIC and referenced publications shall be sent to the City of Port Angeles Electrical Engineering Manager prior to cable shipment. 7.0 Ship cable on new non returnable wood reels manufactured to NEMA WC 26 standards, not to exceed 48 inches diameter. All reels shall be supplied with brake holes and metal bushings in the arbor holes. Mark each reel in two places with AEIC CS6 -96 (13) information. All reels shall be covered with Class 2 physical protection per NEMA standards. All reels shall be covered with Class 2 physical protection per NEMA standards. 7.1 Ampacity in Duct: 260 amps at 90 °C in duct. 7 2 Manufacturer /Catalog Numbers: 7.2.1 Okonite Type URO -J #160 -23 -3081 7.2.2 Prysmain Type Doubleseal 7 2.3 Kerite CL02 -2011 Page 9 0.99 inches 1.30 inches 889 lbs. Rev 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 ATTACHMENT "B" INSURANCE INSURANCE INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, e /ectrical 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 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. CL02 -2011 Page 10 Rev. 8/30/2011 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. CL02 -2011 Page 11 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 Prevailing Wage Rates Information Below: ATTACHMENT "C" PREVAILING WAGE RATES 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clailam County, effective 3/22/2013. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link: htto:// www. lni. wa. aov/ TradesLicensino /PrevWaae /WaoeRates /default.asn 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360- 417 -4541 or by email, Ihanlev(citvofoa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. CL02 -2011 Page 12 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: ATTACHMENT "D" PERFORMANCE BOND RETAINAGE PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond Washington, this day of 20 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 CL02 -2011. and providing for Underground Cable Renlacemet (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 CL02 -2011 Title Surety Address Surety Contact and Phone Number Principal By Title Agent Address Agent Contact and Phone Number Page 13 Rev. 8/30/2011 TO CLO2 -2011 ESCROW AGREEMENT for RETAINED PERCENTAGE 2011 Valley Creek Culvert Clearing, WF #136883 THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, m 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 mvestments 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 pnor to the date set for the completion of the contract, mcludmg extension there of or thirty (30) days following the fmal 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 authonzed to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies denved from the sale of such investments, or the negotiation of the City's warrants) except m accordance with the written instructions from the City Compliance with such instructions shall relieve you of any further liability related thereto Page 14 6 In the event the City orders you, m wrrtmg, to reconvert the investments and return all monies, you shall do so withm 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 mvestments 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 bmdmg until signed by both parties and accepted by you 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 Escrow No.: City of Port Angeles Contract No. CL02 -2011 Completion Date: 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 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 REQUEST FOR INFORMATION (RFI) FORM ATTACHMENT "E" FORMS PROJECT NAME: PROJECT /CONTRACT NUMBER: ORIGINATOR: Owner Contractor ITEM: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION/REQUEST: DATE REPLY REQUESTED: ORIGINATOR SIGNATURE: COMMENTS: CL02 -2011 Page 15 CRITICAL TO SCHEDULE: YES NO DATE: RFI Number: Rev. 8/30/2011 Contractor 1. Describe work here 2. Additional work, etc.... Item Descnption No 2 k I DAYS XX 1 DAYS YY ORIGINAL CURRENT EST NET CHANGE CONTRACT CONTRACT THIS CHANGE ORDER RFI Amount with applicable sales tax included APPROVED BY: PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE. CONTRACT CHANGE ORDER (CCO) NO. Project Name Date Ong Rev Ong Rev I DAYS ZZ CL02 -2011 Page 16 Project No. DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: Such work will be compensated by: check one or more of the following as applicable Increase or Decrease in bid items; Force Account; Negotiated Price: The described work affects the existing contract items and/or adds and/or deletes bid items as follows: Qty Unit Cost Per Unit Cost Net Cost Adj Days SIGNATURE: All work, matenals and measurements to be in accordance with the provisions of the ongmal contract and/or the standard specifications and special provisions for the type of construction involved The payments and/or additional time specified and agreed to m this order mclude every claim by the Contractor for any extra payment or extension of time with respect to the work descnbed herein, including delays to the overall protect TOTAL CHANGE ORDERS, EST CONTRACT AFTER INCLUDING THIS ONE THIS CHANGE ORDER 1 1 1 1 DAYS XX +ZZ -YY 1 DAYS YY +ZZ DATE: Rev. 8/30/2011 CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT PROJECT NO. Page 1 of 2 TO: City of Port Angeles DATE: Public Works Utilities Department P.O. Box 1150 Port Angeles, WA 98362 FROM: PAYMENT REQUEST NO. PERIOD From: I to [end of period]: STATEMENT OF CONTRACT ACCOUNT 1 Original Contract Amount (Excluding Sales Tax) 2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) 3 Adjusted Contract Amount [1 +2] 4 Value of Work Completed to Date (per attached breakdown) 5 Material Stored on Site (per attached breakdown and material receipts) 6 Subtotal [4 +5] 7 8.4% Sales Tax (at 8.4% of Subtotal), As Applicable 8 Less Amount Retained (at 5% of subtotal) 9 Subtotal [6 +7 -8] 10 Total Previously Paid 11 AMOUNT DUE THIS REQUEST [9 -10] Continued on Page 2 CL02 -2011 Page 17 WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract (and all authorized changes) between the Applicant and the City of Port Angeles, relating to the above referenced project, and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the contract documents. Rev. 8/30/2011 I also certify that all lower -tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower -tier subcontractors/ suppliers, and (2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that I have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes, premiums and/or assessments arising out of the performance of the work. I further certify that, to the best of my knowledge, information and belief, all work for which previous payment(s) have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the Contractor, subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven (7) days of receipt of the payment requested herein, all payments, less applicable retention, will be made through the period covered by this pay request to all my lower -tier subcontractors /suppliers and for all materials, equipment, labor, taxes and assessments arising out of the performance of all said lower -tire work. DATED: CONTRACTOR: CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 APPROVAL: Project Manager City Engineer CL02 -2011 Page 18 Notary Public in and for the State of residing at My appointment expires Date Date Rev. 8/30/2011 PROJECT: PROJECT NO.: All work on the above referenced project has been completed in accordance with the contract documents and the final inspection and the warranty provision included therein or relating thereto. The final estimate in the amount of including any applicable taxes, has been reviewed and is in agreement with our records. I further certify that the final estimate amount shown above is a true and correct statement showing all the monies due me from the City of Port Angeles for work performed and material furnished under this contract. City Council acceptance and final payment, including retained percentages, is hereby respectfully requested. Contractor, hereby releases the City of Port Angeles, Washington, from any and all liens arising out of this Contract or is, herewith, providing a bond covering all unpaid obligations for work, materials, equipment or any other liens outstanding on this Contract. CONTRACTOR: ADDRESS: AUTHORIZED OFFICIAL: DATE: CL02 -2011 CERTIFICATION OF WORK COMPLETION AND ACCEPTANCE Page 19 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 Attachments submitted by Magnum Power LLC: CL02 -2011 1. Bid Form 2. Non collusion Affidavit 3. Bid Security Transmittal Form(s) 4. Power of Attorney 5. Addendum 1 acknowledgement ATTACHMENT "F" BID FORM SUPPLEMENTAL FORMS Page 20 Rev 8/30/2011 Project Title: Undercu 'y Cable Replacement Project Number CL02 -2011 BID FORM i The bidder hereby bids the following amounts for all work (including labor, equipment, tune and materials) required to perform the work in the Statement of Work and this package. 1. Bid Schedule I BID ITEM 1 DESCRIPTION 1 LUMP SUM 1 Base Bid 1 9b .00 2 Alternative No. 1- Drawing E -3 1 4;00 .D 3 Alternative No. 2- Drawing E-4 1 7 j D co .00 Subtotal 1 4,7 05 d o O 8.4% Sales Tax 7/ j zv Total T./ 34z ,24) 2. Bids will be accepted based on the lowest bid for the most alternates, not to exceed $15O,OCO.00 total. 3. The bidder hereby acknowledges that it has received Addenda No(s). (Enter mNFA'° if none were issuedl to this Request for Bid package. 4. The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid and with the contract shall be sent, are listed below_ Any written notices required by the terms of an awarded cold, act shall be served or mailed to the following address: Contractor information: 1. Company Name: MA rJ tJ VIA Vu EAti L UC- 2. Address: 3. City, State, Zip Code: Lik4 v WA C.Y(t 1)1 4. Phone Number. S6.0.1114tr 23%45 5. Contractor Regib[rdtfon Number: M cu P 1. 6. UBI Number: 1a i 'L Ng S 0 2,5r 7. WA State Industrial Insurance Account Number: ©1la 1-1 8. 00 8. WA State Employment Security Dept Number: I_Ak 01." Op °1 9. State Excise Tax Registration Number: D 'NS D2.1( The bidder represents hat it is qualified and possesses sufficient skills to bid on this project and the necessary cepa as perform the services set forth in this Contract. JV Signed by Title P I!Z ES t DEt►�l' Printed Name' b&vl Q 1.t>v Date 5 L,t 201 Project No.: CL02 -2011 Page 2 Rev 08/30/2011 STATE OF WASHINGTON COUNTY OF V� NON COLLUSION AFFIDAVIT The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him /her self an advantage over any other bidder or bidders. Project No.: CL02 -2011 Signatl� of Bidder /Contractor C dr. 11,48 L )t SieC-k M tli t kwEx.1 LLL Subscribed and sworn to before me this SIM day of MA 20 13— ry Public in and for the V Luza- My Comm. Exp.: ID •1.A- of Residing at Page 4 Rev 08/30/2011 BID SECURITY TRANSMITTAL FORM Herewith find an executed Bid Bond or a deposit in the form of a cashier's check, postal money order or other secunty rn lieu of a bid bond in the amount of 5% of Total Amount Bid-- which amount is not Iess than five (5 percent of the total bid BID BOND KNOW ALL MEN BY THESE PRESENTS: Hartford, CT 06183 Surety address Surety Contact and Phone Number Dated Received return of deposit in the sum of Project No,: CL02-201 1 SIGN HERE r 'flat. t; l6. CP 1R EttAEAV Travelers Casualty and Surety That we, Power, LLC as principal and Company of America as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, m the penal sum of we ercent (5 of Total Amount Bid-- Dollars, for the payment of which the Pnncipal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents The condition of this obligation is such that if the Obligee shall make any award to the Principal for. Project Title. Underground Cable Replacement Project Number. CL02 1 according to the terms of the bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the advertisement for bids, then this obligation shall be null and void, otherwise it shall be and remain in f 11 force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the ount of this bond ED AND DATED THIS 22nd day o f March 2013 Magnum Pd By: p�inc al.. DAB.) 14_111271.A PM.ES%DE Trave asualty d Surety Company of America By: f 1(_ f u, 4t4 Anchor Insurance Surety, Inc. Suret Gloria Bruning, Attorn -in act Agent One Tower Square 1201 SW 12th Ave., #500 Portland, OR 97205 Agent Address Erin Bullard 503- 534 -4292 Joel Dietzman 503- 224 -2500 Agent Contact and Phone Number Page 5 Rev 08/30/2011 BID FORM Project Title: Underground Cable Replacement Project Number: CL02 -2011 BIDDER: Magnum Power, LLC The undersigned, hereinafter called the bidder, declares that the only person(s) interested in this bid are those named herein; that the bid is in all respects fair and without fraud; and that it is made without any connection or collusion with any other person making a bid on this project. The bidder further declares that it has carefully examined the plan, specifications, and contract documents, hereinafter referred to as the Project Manual, for the construction of the proposed project improvement(s); that it has personally inspected the site(s); that it has satisfied itself as to the types and quantities of materials, the types of equipment, the conditions of the work involved, including the fact that the description of and the quantities of work and materials, the types of equipment, the conditions of and the work involved as included herein, are brief and are intended only to indicate the general nature of the work and to identify the said quantities with the corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and the terms of the Contract included in the Project Manual. The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface information and has utilized all data which it believes is pertinent from the City Engineer, hereinafter also referred to as the City or Owner, and such other source of information as it determined necessary in arriving at its conclusion. If the bidder is awarded a construction contract on this bid, the name and address of the surety who will provide the performance bond is: Travelers Casualty and Surety Company of America Anchor Insurance Surety, Inc. Surety Agent One Tower Square, Hartford, CT 06183 1201 SW 12th Ave., #500, Portland, OR 97205 Surety address Agent Address Erin Bullard 1503- 534 -4292 Joel Dietzman 1 503 224 -2500 Surety Contact and Phone Number Agent Contact and Phone Number Project No.: CL02 2011 Page 6 Rev 08/30/2011 TRAVELERS J Attorney -In Fact No. KNOW ALL MEN BY THESE PRESENTS That Farmington Casualty Company, 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 Umted States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, 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 Gene M Dietzman, Gloria Bruning, James P. Dooney, John D. Klump, Philip O. Forker, Ray M. Paiement, Vicki Mather, J Patrick Dooney II, Richard W. Kowalski, Brent Olson, Joel Dietzman, Tami Jones, Karen A. Pierce, and Christopher Reburn of the City of Portland State of Oregon 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 undertakings and other writings 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 permitted in anyactions or "proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signedarid r,c theiorporate seals to be hereto affixed, this day of November 2012 State of Connecticut City of Hartford ss 58440 -8 -12 Printed in U.S A 224582 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 Guaranty Insirrance'Company 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, 2016 POWER OF ATTORNEY Certificate No. 005261029 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 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L Raney, Senior Vice President On this the 8th day of November 2012 before me personally appeared Robert L Raney, 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 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, 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 authonzed officer C Mane C Tetreault, Notary Public WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey 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 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 Umted States Fidehty and Guaranty Company, which resolutions are now m full force and effect, reading as follows RESOLVED, that the Chairman, the President, any Vice Chairnian, an Executive Vice President, any Semor 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 authority as his or her certificate of authonty may prescribe 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 Semor 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 m 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 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 Semor 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 authority or by one or more Company officers pursuant to a written 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 wntings 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 facsimle signature and facsimile seal shall be valid and bindmg 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 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-Siates 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; whichas in' full force and `effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and :affixed the seals of•said�COMpames this 42iU day of Hard t:/ 20 3. �TN,IN'SO m +�q LOP POR.,y' G �RPORA T iE A S EAL �o: eS8AL. ;D t o ad l/ Kevin E. Hughes, Assistant Sec r Lary WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached 1 y ADDENDUM NO. 1 i TO CONTRACT DOCUMENTS INVITATION FOR BIDS FOR Underground Cable Replacement Contract No. CL02 -2011 ael Puntenney, P: City Engineer Project No.: CL02 -2011 NOTICE TO PROSPECTIVE BIDDERS March 1, 2013 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: 1. In the Instruction to Bidders, replace page 2, Bid Form, in its entirety with the attached Bid Form. The amended Bid Form is revised to include the breakdown of bid item and the amount not to exceed. 2. The bid closing date remains unchanged. The closing date is Friday, March 22, 2013 at 10:00 AM. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non responsive. AL mut L el( q. Ua..v, ILA It l._ ivLC- w'.1>rwr Page 1 Rev 08/30/2011