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HomeMy WebLinkAbout000617 Original ContractContract Title: Cable Restoration V SMALL WORKS ROSTER Request for Bid Contract Project Number: CLO5 -2012 City of Port Angeles Record #000617 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND NOVINIUM, 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: All work under this Contract is to be completed 120 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). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): Force Account Time and material, not to exceed: Force Account Time and actual expenses incurred, not to exceed: Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: $56.498.51 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 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. CLO5 -2012 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 to warranty treated electric cable to not fail dielectrically for a minimum period of twenty years after treatment, and that the treatment will not adversely affect or harm the City's electric cable. Warranty shall refund to the City the cost of injection of any cable segment that fails during the warranty period. 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. 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. CLO5 -2012 Page 2 Rev. 8/30/2011 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, 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). 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 CLO5 -2012 Page 3 Rev. 8/30/2011 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 inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 15. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 16. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 17. EXTENT OF CONTRACT /MODIFICATION This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. CLO5 -2012 Page 4 Rev. 8/30/2011 18. 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; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 19. COMPENSATION AND METHOD OF PAYMENT. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract. 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). CLO5 -2012 Page 5 Rev 8/30/2011 IN WITNESS WHEREOF, the parties have executed this Contract as of NOVINIUM By: Printed Name: Title: Address: City: Tax ID Phone Number: CLO5 2012 By: Page 6 CITY OF PORT ANGELES Printed Name: O an Pe t 1'1'1 cat ere-1 Title: e0 V4a„ a.0.6 ti APPROVED TO FORM: BY: CITY ATTORNEY ATTEST: BY: 2013. Purchase Order v2 7 2. 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: The project consists of evaluating cable condition and injecting insulation restoration fluid in existing single and three phase, 15 kV, direct buried XLP cable, of various sizes, with bare concentric neutrals. Location: Various locations around Port Angeles, Washington Site Point of Contact: Richard Nixon at 360 477 -5895. Work Hours and Schedule: The contractor will work from 7:00 AM to 3:30 PM, Monday through Friday, excluding all City holidays. 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 ATTACHMENT "A" WORK BY CONTRACTOR Contractor shall furnish all supervision, labor, tools, equipment and material necessary to test cable condition and perform cable injection. City line crews will perform necessary switching and line work, install Contractor provided new injection elbows, and replace City provided cable splices only as necessary. Injection treatment shall be "Perficio" by Novinium, or equal. Alternate fluids may be submitted on separate bid forms indicating the standard warranty period. The City's Project Engineer shall make the final determination of equality and suitability of alternates. 2.0 Specific Work Responsibilities Contractor to be responsible for: 1. Recording of all cable tracing data and daily field reports. 2. Testing the condition of the neutral prior to injection. If the cable has neutral damage exceeding 75% of the cable neutral's original ampacity, the condition will be repaired by the City, the cable will not be injected, or the City will issue a written waiver to allow injection to proceed. 3. Locating splices and verifying proper flow is possible. 4. Testing for airflow and pressure limits prior to injection. If the cable will not support injection, the condition will be corrected by the City or injection will not be done on that cable segment. 5. Providing all cable elbows and terminations, for installation by the City. 6. Initiating and maintaining flow of the dielectric fluid into the cable segments and through the cable and splices. CLO5 -2012 Page 7 Rev 8/30/2011 7. Monitoring cables to assure that no leakage is occurring and that fluid flows completely through the cable segment. 8. Recording of all data required by the City, including neutral condition and splice location. 9. Removal of all injection equipment at the end of the injection period. Citv to be responsible for: 1. Providing qualified supervision to switch and verify de- energized condition of the segments to be treated and re- energize upon completion. 2. Planning all switching to maximize efficiency and productivity and to minimize and additional time or expense. 3. Handling all communications with City customers in advance of the start of the operations at a given site. 4. Providing any permits or licenses required by state, county or municipal authorities, and handling any required interface with government agencies. 5. Installing injection elbows or adapters to allow the treatment fluid to be injected. 6. Installing collection equipment on the terminations of the cable segments. 7. Providing information and maps describing the physical characteristics, legal limitations, and locations of the cable at least two weeks in advance of the work performance. 8. Designating a City representative to communicate with the Contractor's crew and verifying the daily time report. 9. Providing excavation, backfill, material, and labor for splices or terminations in the event that replacement of devices is required because they are defective or will not allow flow. 10. Providing suitable confined space entry/rescue, equipment and personnel if entry to confined spaces is required for conduct of the job. 11. Providing necessary traffic control and flagging. 12. Restoring any damaged lawns or shrubs. Repairing pavement or sidewalks if required. 3.0 Safety: The Contractor shall conduct the work with due regard to adequate safety and sanitary requirements and shall maintain its plant and equipment in safe condition. The Contractor shall conform to OSHA and WISHA rules and regulations. 4.0 Observance of the Law The Contractor shall be responsible for the strict observance by his employees of the laws of the United States and the State of Washington (including State of Washington Department of Transportation regulations) and all local ordinances and regulations. The Contractor shall comply with all laws, ordinances, and regulations. CLO5 -2012 Page 8 Rev. 8/30/2011 5.0 Payment The City will process monthly payments for work completed and accepted by the Project Engineer within 30 days following submittal of a completed and signed Payment Request Form. Retainage in the amount of 5% will be withheld in accordance with RCW 60.28.010. 30 days following the final acceptance of the work by the Port Angeles City Council and receipt of proper releases from applicable agencies of the State of Washington, the final payment of the retainage, or all amounts thereof in exess of a sufficient sum to meet and discharge valid claims filed pursuant to the statutes of the State of Washington, will be made. Washington State sales tax will apply and be paid when billed on invoices. 6.0 Commencement of Work The Contractor shall commence work under the Contract within sixty (120) working calendar days and Notice to Proceed is issued. 7.0 Contract Amount /Cancellation The City reserves the right to terminate the Contract at any time, for any reason. 8.0 Additional Warranty Contractor will warranty treated electric cable to not fail dielectrically for a minimum period of twenty years after treatment, and that the treatment will not adversely affect or harm the City's electric cable. 9.0 Special Conditions The Contractor will exercise reasonable care to minimize damage to lawns, landscape and shrubs. The Contractor will exercise reasonable care to avoid undue inconvenience to residents in the area. Existing cables are all direct burial. There may frequently be inadequate cable length in pad mounted equipment to re- terminate and still reach the connection bushings. Contractor shall include in the base bid price the cost of extended elbows to reach transformer or switch cabinet bushings. The Contractor shall verify treatability of all phases in each segment prior to starting injection. The Contractor shall notify the City's Project Engineer if any cable segments are untreatable with the standard fluid specified. If an alternate fluid may be used on those segments, the Project Engineer may approve the alternate treatment. If one phase in any section is completely untreatable, the contractor shall note on the print and move on to the next section without treating any of the cable in that section. The City of Port Angeles requires that bid submittals be made on the bid form supplied by the City, and in no other manner. Specific material types and quantities required for a particular process shall be noted on the Bid Form as required to treat the cable segments described. 10.0 Project Locations See map below and spreadsheet below: CLO5 -2012 Page 9 Rev. 8/30/2011 CLO5 -2012 Page 10 r Rev 8/30/2011 CL05 -2012 LOCATION Woodhaven Ln 1720 Woodhaven Dr. Assembly of God 304 E. Viewcrest Olympic National Park Vistor Center 531 E. Ahlvers 518 e. Ahvers C Blvd Apts CLO5 -2012 1 CABLE CABLE SIZE NUMBER(S) TYPE 1686 1688 1690 1805 1692 1823 1693 1694 1696 1697 1698 1700 1/0 ALCN 360 2 666 667 668 906 Milwaukee Dr. 14 924 Milwaukee Dr. 45 924 Milwaukee Dr. 42 2511 W. 10th St. 571 2230 W. 10th St. X CABLE SEGMENTS 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 1/0 ALCN 572 1/0 ALCN 200 573 1/0 ALCN 200 574 1/0 ALCN 200 339 Scribner Rd. 307 1/0 ALCN 308 1/0 ALCN 403 Scribner Rd. 800 #2 ALCN 407 Scribner Rd. 801 1/0 ALCN 300(X) #2 ALCN 300(Y) #2 ALCN 188 1/0 ALCN 400 189 1/0 ALCN 200 194 1/0 ALCN 150 #2 ALCN #2 ALCN #2 ALCN #2 ALCN 4/0 ALCN WF 158754 -02 ESTIAMTED CKT LENGTH (FT) 530 1 100 2 240 2 280 2 350 2 165 2 80 2 220 2 160 2 150 2 250 2 LOADBREAK POLE ELBOWS TERMINATIONS 440 1 1 440 I 1 440 I 1 220 350 320 312 270 240 240 290 100 175 680 1 1 1 2 2 2 2 1 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 11 Rev 8/30/2011 Shane Park 4003 Old Mill Rd. 3131 S. Regent St. 2230 W. 10th St. Y #2 ALCN 680 1 139 W. Ahlvers Z #2 ALCN 200 1 12/13 Alley -G to H 1 Old Price Ford Boat Haven Fuel 1130 Grant Av 711 #2 ALCN 470 1 712 #2 ALCN 470 1 713 #2 ALCN 470 1 1 W #2 CUCN 240 275 PROJECT TOTALS: 693 #2 ALCN 200 1 694 #2 ALCN 200 1 179 3/0 ALCN 110 2 180 3/0 ALCN 170 2 181 3/0 ALCN 170 2 182 3/0 ALCN 40 2 183 3/0 ALCN 170 2 184 3/0 ALCN 170 2 185 3/0 ALCN 110 2 269 #2 ALCN 240 1 270 #2 ALCN 240 1 271 #2 ALCN 240 1 206 #2 ALCN 820 2 207 #2 ALCN 820 2 CLO5 -2012 Page 12 #2 ALCN 230 1 15212 83 1 1 1 1 1 1 1 21 1 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, 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 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. CLO5 -2012 Page 13 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. CLO5 -2012 Page 14 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, Clallam County, effective 5/10/2013. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link: htto: /www.lni.wa.00v/ TradesLicensino /PrevWaae /WaoeRates /default.aso 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360 417 -4541 or by email, Ihanlev(@citvofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. CLO5 -2012 Page 15 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 KNOW ALL MEN BY'1'HLSE PRESENTS: That we, the undersigned, Novinium. Inc. as Principal, and Travelers Casualty and Surety Company of America a corporation, organized and existing under the laws of the State of WiggaiW a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal co orations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of S 56,498.51 Fifty Six Thousand Four Hundred Ninety Eight 51/100 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 Auburn 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 CL05 2012, and providing for Underground Cable Replacement (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, Novinium. Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay in accordance with RCW Title 39.08 39.12 all laborers, mechanics, subcontractors and material men, 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 26th day of June TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety CL05 -2012 By Lynette G. Harris Attorney- in -fct PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond 105915719 Washington, this 26thday of June 20 13. Title 4000 Kruse Way Place, Bldg. 1, Suite 125 Surety Address Lake Oswego OR 97035 Angela Evans 503 534 -4280 Surety Contact and Phone Number 20 13 ATTACHMENT "D" PERFORMANCE BOND RETAINAGE Novinium, Inc. NOVINIUM, INC. A Princip Phase V By NU J C FO Title Willis of Oregon, Inc., 222 SW Columbia, Suite 600 Agent Address Portland OR 97201 Lynette Harris 503 -450 -9789 Agent Contact and Phone Number Page 16 Rev. 8/30/2011 TRAVELERS Attorney -In Fact No. KNOW ALL MEN BY THESE PRESENTS That Farmington Casualty Company, 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 America, and United States Fidelity and Guaranty Company are corporations duly orgamzed 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 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 Lynette G Harris, Clifford W. Elling, Jennifer Miller, Melissa Van Every, and Gary Wiggins of the City of Portland State of fregnn 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, recogmzances, 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 permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Compames have caused this instrumenrto be signed and their corporate seals to be hereto affixed, this day of April 2013 State of Connecticut City of Hartford ss 58440 -8 -12 Printed in U.S A 226495 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 Insurance 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 By. WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Certificate No. 005 4 5 5 979 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 22nd 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. kgmor Vice President On this the 22nd day of A 2013 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 authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer 6\ 0.AiIt C V Mane C Tetreault, Notary Public TO ESCROW AGREEMENT for RETAINED PERCENTAGE Cable Restoration V 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 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 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 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 m accordance with the wntten instructions from the City Compliance with such instructions shall relieve you of any further liability related thereto CLO5 -2012 Page 17 Federal Tax I D No By Title Address Escrow No.: City of Port Angeles Contract No. CLO5 -2012 Completion Date: 6 In the event the City orders you, in writing, to reconvert the investments and return 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 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 CONTRACTOR 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: CLO5 -2012 Page 18 CRITICAL TO SCHEDULE. YES NO DATE: RFI Number: Rev 8/30/2011 Contractor 1. Describe work here 2. Additional work, etc.... ORIGINAL CURRENT CONTRACT CONTRACT I DAYS XX 1 DAYS YY 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 EST NET CHANGE THIS CHANGE ORDER CL05 -2012 Page 19 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 Item Descnption RFI No 1 On g I I I I'" I Rev I I I I 2 Ong %z /a. Rev TOTAL CHANGE ORDERS, EST CONTRACT AFTER INCLUDING THIS ONE THIS CHANGE ORDER I* I* I* 1 DAYS ZZ 1 DAYS XX +ZZ -YY I DAYS YY +ZZ 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 include 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 project SIGNATURE: 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 CLO5 -2012 Page 20 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 CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 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: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 APPROVAL: Project Manager City Engineer CLO5 2012 Page 21 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: CLO5 -2012 CERTIFICATION OF WORK COMPLETION AND ACCEPTANCE Page 22 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 Bid form and supplemental forms submitted by Novinium: CLO5 -2012 Page 23 ATTACHMENT "F" BID FORM SUPPLEMENTAL FORMS Rev. 8/30/2011 Bid Form n'vinlun masters of reliability Project Title: Cable Restoration V Project Number: CLoc -2o12 Bidder must bid on all bid items required to inject the cable segments itemized in Attachment A, and may add or delete material from this Bid Schedule to match their system. The bidder hereby bids the following amounts for the conditions described in the Contract Documents. Quantities shown are Engineer's estimates. Unit prices apply to field additions or deductions to estimated quantities. 1. Bid Schedule Bids are not to exceed 5150,000 total. BID ITEM QUANTITY UNITS UNIT EXTENDED PRICE PRICE Mobilization 1 Job $0.00 $0.00 TDR Testing per cable segment 53 Each $0.00 $0.00 Fluid Injection 15212 Feet $1.70 $25,860.40 15kV Extended Injection Elbow 83 Each $95.00 $7,885.00 15kV Terminal Pole Terminations 21 Each $75.00 $1,575.00 Labor Injection Crew 160 Hour $105.00 $16,800.00 Material Type: Perficio Quantities: 50.40 kg Cable Iniection Specifications and Pricing Schedule City of Port Angeles- May 24, 2013 2. The bidder hereby acknowledges that it has received Addenda No(s). N/A (Enter "N /A" if none were issued) to this Request for Bid package. Page 4 May 24, 2013 Cable Restoration V, Proj. CL05 -2012 City of Port Angeles Subtotal $52,120.40 8.4% Sales $4,378.11 Tax Total Bid $56,498.51 Amount Privileged and Confidential. ©2o13 Novinium, Inc all rights reserved Novinium is a registered trademark and Ultrinium, Perficio, and Tailored Infection are trademarks of Novinium, Inc Novinium infection includes patented and patent pending technologies Use or disclosure of data contained on this page is subject to the restriction on the Table of Contents page of this bid and proposal n,vinlun 3. The bidder certifies it is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39. 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 contract shall be served or mailed to the following address: Contractor Information: 1. Company Name: Novinium_ Inc. 2. Address: 1221 29 St. NW. Suite D 3. City, State, Zip Code: Auburn. WA 98001 4. Phone Number. +1 (2061 529 -482g 5. Contractor Registration Number: NOVINT *947OL 6. UBI Number: 602336525 7. WA State Industrial Insurance Account Number. 10323400 8. WA State Employment Security Dept Number: 602336525 602336525 9. State Excise Tax Registration Number: The bidder represents that it is qualified and possesses sufficient skills to bid on this project and the necessary capabilities to perform the services setfo kh in this Contract. a Signed by�� Title Printed Name: Date masters of reliability Chief Financial Officer David L. Lewis Mav 24.2013 Page 5 May 24, 2013 Cable Restoration V, Proj. CL05 -2012 City of Port Angeles Privileged and Confidential. ©2o13 Novinium, Inc all rights reserved Novinium is a registered trademark and Ultrinium, Perficio, and Tailored Injection are trademarks of Novinium, Inc Novinium injection includes patented and patent pending technologies Use or disclosure of data contained on this page is subject to the restriction on the Table of Contents page of this bid and proposal n'vinlun masters of reliability Certificate of Registration per 18.27 RCW Compliance Page 6 May 24, 2013 Cable Restoration V, Proj. CL05 -2012 City of Port Angeles General/Specialty Contractor A business registered as a construction contractor with LBI to perform construction work within the scope of its specialty. A General or Specialty construction Contractor must maintain a surety bond or assignment of account and carry general liability insurance. Business and Licensing information Name Phone Address Suite/Apt. City State Zip County Business Type Parent Company NOVINIUM INC 2065294828 34110 9Th Ave 5 Suite B Federal Way WA 98003 King Corporation UBI No. Status License No. License Type Effective Date 9/13/2006 Expiration Date 9/13/2014 Suspend Date Specialty 1 Specialty 2 Unused 602336525 Active NOVINI Construction Contractor Utilities And Telecommunications Privileged and Confidential. ©2o13 Novinium, Inc all rights reserved Novinium is a registered trademark and Ultrinium, Perficio, and Tailored Injection are trademarks of Novinium, Inc Novinium injection includes patented and patent pending technologies Use or disclosure of data contained on this page is subject to the restriction on the Table of Contents page of this bid and proposal n'vinnxn masters of reliability Non Collusion Affidavit An original executed, signed Non Collusion Affidavit is inserted following this page. Page 7 May 24, 2013 Cable Restoration V, Proj. CL05 -2012 City of Port Angeles Privileged and Confidential. ©2o23 Novinium, Inc all rights reserved Novinium is a registered trademark and Ultrmwm, Perficio, and Tailored Injection are trademarks of Novinium, Inc Novinium infection includes patented and patent pending technologies Use or disclosure of data contained on this page is subject to the restriction on the Table of Contents page of this bid and proposal STATE OF WASHINGTON COUNTY OF King 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 /herself an advantage over any other bidder or bidders. Project No.: CLO5 -2012 NON COLLUSION AFFIDAVIT Signa of delntractor Subscribed and sworn to before me this Z /4day of Mav 2013. Notary Public in and fo he State of Washington Residing at 1 /I4 i1 My Comm. Exp.: &,O/Z' Z6 /i1 Page 5 Rev 08/30/2011 s n1viniun masters of reliability Bid Security Transmittal Form Page 8 May 24, 2013 Cable Restoration V, Proj. CL05 -2012 City of Port Angeles Both pages of the properly completed and signed Bid Security Transmittal Form are inserted following this page. Privileged and Confidential. ©2o13 Novinium, Inc all rights reserved Novinium is a registered trademark and Ultrinium, Perficio, and Tailored Injection are trademarks of Novinium, Inc Novinium infection includes patented and patent pending technologies Use or disclosure of data contained on this page is subject to the restriction on the Table of Contents page of this bid and proposal 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 security in lieu of a bid bond in the amount of which amount is not less than five (5 percent of the total bid. BID BOND KNOW ALL MEN BY THESE PRESENTS: Travelers Casualty and Surety Company That we, Novinium. Inc. as Principal and of America as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of FIVE PERCENT OF THE TOTAL AMOUNT BID 5% Dollars, for the payment of which the Principal 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: CABLE RESTORATION PHASE V Project Number: CL05 -2012 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 full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALE D; AND DATED THIS 24th day of NOVINIUM, INC. By: Principal TRAVELERS CASUALTY AND SURETY COMPANY Surety OF AMERICA By: Lyne G. Harris, Attorney -in -fact 4000 Kru ay Place, Bldg. 1, Suite 125 Surety address Lake Oswego OR 97035 Erin Bullard 503 534 -4292 Surety Contact and Phone Number Dated: Received return of deposit in the sum of Project No.: CL05 -2012 SIGN HERE May Willis of Oregon, Inc. Agent 222 SW Columbia, Suite 600 Portland OR 97201 Agent Address Lynette Harris 503 -450 -9789 Agent Contact and Phone Number 20 13 Page 6 Rev 08/30/2011 BID FORM Project Title: Cable Restoration Phase V Project Number: CL05 -2012 BIDDER: Novinium. Inc. 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. The bidder further certifies that the subcontracting firms or businesses submitted on the LISTING OF PROPOSED SUBCONTRACTORS will be awarded subcontracts for the described portions of the work: 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 Amenca Surety 4000 Kruse Way Place, Bldg. 1, Suite 125 Lake Oswego OR 97035 Surety address Erin Bullard 503 -534 -4292 Surety Contact and Phone Number Project No.: CLO5 -2012 Willis of Oregon, Inc. Agent 222 SW Columbia, Suite 600 Portland OR 97201 Agent Address Lynette Hams 503 -450 -9789 Agent Contact and Phone Number Page 7 Rev 08/30/2011