HomeMy WebLinkAbout000677 Original Contract City of Port Angeles
Record #000677
fit SMALL WORKS ROSTER
❑ Request for Bid
® Contract
Contract Title: Airport Corners Pavement Repairs Project Number: ST-13-028
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND Lakeside Industries, 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.-
Ali
ate:All work under this Contract is to be completed 20 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 10 calendar days after notice to
proceed and ends.(5 working 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: $
❑ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $
® Unit Price and Quantity set forth in Contractor bid not to exceed: $ 43,500.00
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.
13. 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.
Project#ST-13-028 Pagel Rev. 8/30/2011
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.
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.
S. 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.
Project#ST-13-028 Page 2 Rev. 8/30/2011
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.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.
4. Contractor falls 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.
S. 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. INDEMINICATION / HOLD HARMLESS
A. 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.
B. 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
Project#ST-13-028 Page 3 Rev. 8/30/2011
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.
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 360-41.7-4541.). 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. Fallowing 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
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.
Project#ST-13-028 Page 4 Rev. 8/30/2011
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.
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.
Project#ST-13-028 Page 5 Rev. 8/30/2011
C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment
request form.
D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance
with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the
Project Manual. Following approval of the RFI and/or CCO, the Contractor shall submit the standard payment
request form(s).
E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of
which is included in 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 119—"/0 , 2013.
LAKESIDE INDUSTRIES, INC. CITY OF PORT ANGELES
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Project#ST-13-028 Page 6 Rev, 8/30/2011
City of Port Angeles ATTACHMENT "A"
Engineering Office
Public Works and Utilities Department WORK BY CONTRACTOR
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: Subgrade and asphalt pavement replacement for roadway repairs
Location: Westbound Edgewood Drive east of Fairchild Airport access road.
Site Point of Contact: Eric Walrath at 360-417-4708.
Work Hours and Schedule: The contractor will be allowed to work from 7:OOAM to 5:OOPM, Monday through
Friday, excluding all legal holidays and weekends. Work outside of these hours and days may be requested from
and is at the discretion of the City Engineer.
Permits. None Required
Work Requirements:
1.0 Project Description
Existing pavement and subgrade material shall be removed and replaced in accordance with these
specifications and the attached detail drawing.
2.0 Standard Specifications
This contract incorporates the Washington State Department of Transportation's 2012 Standard
Specifications for Road, 81-idge and Municipal Construction referred to herein as the Standard
Specifications and the City of Port Angeles Urban Services Standards and Guidelines(current edition).
2.1 Special Provision
1-03 Award and Execution of Contract
Section 1-03.1 is supplemented with the following:
Basis of Award shall be greatest total square footage within the budget amount.
The first sentence of Section 1-03.1(1) is replaced with the following:
After opening Bids, if two or more responsive Bid total square footage's are exactly equal, then the tie-breaker will
be determined by drawing as described in this Section.
Bid Items Not Included in the Proposal
Section 1-04.1(2) is replaced with the following:
"When the contract specifies Work that has no Bid item, and the work is not specified as being included with or
incidental to other Bid items, payment for the Work shall be included in an appropriate unit price or lump sum bid
item in the Bid Form."
1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda
Revise the second paragraph to read:
Any inconsistency in the parts of the contract shall be resolved by following this order of precedence(e.g., 1
presiding over 2, 2 over 3, 3 over 4, and so forth):
Project##ST-13-028 Page 7 Rev. 8/3012011
1. Addenda,
2. Proposal Form,
3. Special Provisions, including APWA General Special Provisions if they are included,
4. Contract Plans,
5. Amendments to the Standard Specifications,
6. Current edition of the City of Port Angeles Urban Services Standards and Guidelines,
7. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, and
8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction.
1.04.4 Changes in Work
Section 1-04.4, Changes, of the Standard Specifications shall be supplemented with the following:
All revisions, clarifications, field requests and field authorizations for construction contracts shall be
documented using the "REQUEST FOR INFORMATION (RFI)"form. A construction contract change order
may be initiated by the Contractor, City Inspector, or Engineer by using the RFI form contained in Contract
documents.
1-05.7 Removal of Defective and Unauthorized Work
(October 1, 2005 APWA GSP)
Supplement this section with the following:
If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from
the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may
correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by
such other means as the Contracting Agency may deem necessary.
If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency
situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected
work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting
Agency or other forces.An emergency situation is any situation when, in the opinion of the Engineer, a delay in its
remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public.
Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or
unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment
will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect
costs shall include in particular, but without limitation, compensation for additional professional services required,
and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or
replacement of the Contractor's unauthorized work.
No adjustment in contract time or compensation will be allowed because of the delay in the performance of the
work attributable to the exercise of the Contracting Agency's rights provided by this Section.
The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to
pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the
work as required.
1-05.10 Guarantees
Section 1-05 is supplemented with the following:
The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1)
year from the date of substantial completion. The Contractor shall warrant and guarantee for a period of one (1)
year from the date of substantial completion of the system that the completed system is free from all defects due
to faulty materials or workmanship, and the Contractor shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of any damage to other parts of the system resulting
from such defects. The City will give notice of observed defects with reasonable promptness. In the event that
the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such
defects, the City may do so and charge the Contractor the cost thereby incurred.
Project##ST-13-028 Page 8 Rev. 8/30/2011
Measurement and Payment
All costs associated with this item shall be incidental to the contract prices for the various bid items.
1-05.11 Final Inspection
Delete this section and replace it with the following:
1-05.11 Final Inspections and Operational Testing
(October 1, 2005 APWA GSP)
1-05.11(1) Substantial Completion Date
When the Contractor considers the work to be substantially complete, the Contractor shall so notify the
Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall
list the specific items of work that remain to be completed in order to reach physical completion. The Engineer
will schedule an inspection of the work with the Contractor to determine the status of completion. The
Engineer may also establish the Substantial Completion Date unilaterally.
If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and
ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial
Completion Date. If, after this inspection, the Engineer does not consider the work substantially complete and
ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons
therefore.
Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the
Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to
reach Substantial and Physical Completion, The Contractor shall provide the Engineer with a revised
schedule indicating when the Contractor expects to reach substantial and physical completion of the work.
The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the
Contractor considers the work physically complete and ready for final inspection.
1-05.11(2) Final Inspection and Physical Completion Date
When the Contractor considers the work physically complete and ready for final inspection, the Contractor by
written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final
inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the
Contractor in writing of all particulars in which the final inspection reveals the work incomplete or
unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy
the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until
physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the
listed deficiencies have been corrected.
If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing
the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary
to correct those deficiencies pursuant to Section 1-05.7.
The Contractor will not be allowed an extension of contract time because of a delay in the performance of the
work attributable to the exercise of the Engineer's right hereunder.
Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in
writing, of the date upon which the work was considered physically complete.That date shall constitute the
Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations
of the Contractor under the contract have been fulfilled.
1-05.13 Superintendents, Labor and Equipment of Contractor
(March 25, 2009 APWA GSP)
Revise the seventh paragraph to read:
Project#ST-13-028 Page 9 Rev. 8/30/2011
Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1-02.14, it will
take these performance reports into account.
1.05.15 Method of Serving Notices
(March 25, 2009 APWA GSP)
Revise the second paragraph to read:
All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from
the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence
constituting notification required to be furnished under the Contract must be in paper format hand delivered
or sent via mail delivery service to the Prosect Engineer's office. Electronic copies such as e-mails or
electronically delivered copies of correspondence will not constitute such notice and will not comply with the
requirements of the Contract.
Add the following new section:
1-05.16 Water and Power
(October 1, 2005 APWA GSP)
The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary
for the performance of the work, unless the contract includes power and water as a pay item.
Add the following new section:
1-05.17 Oral Agreements
(October 1, 2005 AWPA GSP)
No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either
before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any
of the documents comprising the contract. Such oral agreement or conversation shall be considered as
unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing
and signed by the Contracting Agency.
1-07.1 Laws to be Observed
(October 1, 2005 APWA GSP)
Supplement this section with the following:
In cases of conflict between different safety regulations, the more stringent regulation shall apply.
The Washington State Department of Labor and Industries shall be the sole and paramount administrative
agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act
of 1973 (WISHA).
The Contractor shall maintain at the project site office, or other well known place at the project site, all articles
necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all
employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including
employees, who may have been injured on the project site. Employees should not be permitted to work on
the project site before the Contractor has established and made known procedures for removal of injured
persons to a hospital or a doctor's care.
The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant,
appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance,
use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project
site, including safety for all persons and property in the performance of the work. This requirement shall apply
continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to
Project#ST-13-028 Page 10 Rev. 8/30/201 t
conduct construction review of the Contractor's performance does not, and shall not, be intended to include
review and adequacy of the Contractor's safety measures in, on, or near the project site.
1-07.2 State Taxes
Section 1.07.2 is supplemented with the following:
(March 13, 1995)
The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay Sales
tax. The provisions of Section 1-07.2(1) apply.
5-04 Hot Mix Asphalt
Description
Section 5-04.1 is replaced with the following:
This work shall consist of removing and replacing asphalt concrete pavement, road subgrade and other
associated work in accordance with these specifications and as shown in the plans.
Construction Requirements
Soil Residual Herbicide
The first sentence of Section 5-04.3(5)D is replaced with the following:
Soil residual herbicide shall be applied in areas to be paved with granular base. Application of soil
residual herbicide shall not be required in areas of non-granular base such as paving over cement
concrete, asphalt treated base, or controlled density fill.
Acceptance Sampling and Testing - HMA Mixture
(January 5, 2004)
Section 5-04.3(8)A is supplemented with the following:
Commercial HMA Evaluation
The following HMA will be accepted by commercial HMA evaluation:
"HMA for Pavement Repair Cl._PG "
Control
Section 5-04.3(10)13 is deleted.
Joints
Section 5-04.3(12) is supplemented with the following:
HMA utilized in the construction of the feathered connections shall be modified by eliminating the
coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint
on the roadway, to the satisfaction of the Engineer.
All cold joints, whether they are butt or lap joints, shall be sealed on the surface at the joint with AR-
4000.
Surface Smoothness
(January 5, 2004)
The second sentence of Section 5-04.3(13) is revised to read:
The completed surface of the wearing course shall not vary more than 114 inch from the lower edge of a
10-foot straightedge placed on the surface parallel to centerline.
Section 5-04 shall be supplemented with the following.
HMA shall be Class 1/2" PG 64-22 shall be placed to the depth indicated.
Surface smoothness shall be per section 5-04.3(13). Unacceptable paving patches shall be corrected by removal
and repaving of the patch.
Measurement
Project#ST-13-028 Page 11 Rev. 8/30/2011
Section 5-04.4 is supplemented with the following:
"HMA for Pavement Repair CI. PG_" will be measured by the square foot.
Payment
Delete the second paragraph of section 5-04.5 and replace with the following:
The unit Contract price per square foot for"HMA for Pavement Repair Cl,—PG shall be full compensation
for all costs incurred to carry out the requirements of Section 5-04 and this contract including, but not limited to
pavement sawing, removal, haul, and disposal of existing asphalt pavement, excavation, haul, and disposal of
existing subgrade material, provision and installation of geotextile for soil stabilization, haul, placement, and
compaction of hot mix asphalt, sealing of pavement joints, mobilization, and traffic control.
3.0 Drawings:
The following listed drawing is part of this contract: Pavement Repair Section detail. (page 14)
4.0 Description of Work
The Contractor shall remove the existing asphalt pavement at locations to be marked by the Engineer. Edges
of pavement to be removed shall first be saw cut. The existing subgrade shall be removed and disposed of
to the depth indicated. Geotextile shall be installed and subgrade material and hot mix asphalt placed and
compacted to the depths indicated. All pavement joints shall be sealed.
Project#ST-13-028 Page 12 Rev. 8/30/2011
' VAR. — 12' MIN. — 14' MAX. VAR.
-.�--�_- VAR
3" COMPACTED DEPTH NOT ASIX ASPHALT
CONSTRUCTION GEOTEXTILE 8" COMPACTED DEPTH CRUSfIED SURFACING BASS COURSE
FOR SOIL STABILIZA TION
NOTES.'
1. INSTALL GEOTExTILE FOR SOIL STABILIZA TICW PRIOR TO PLACING BASE COURSE
2. SOIL RESIDUAL HERBICIDE SMALL BE PLACED PRIOR TO PA KAIG
PAVEMENT REPAIR SECTION
NOT To SCALE
City of Port Angeles ATTACHMENT "B"
Engineering Office
Public Works and Utilities Department INSURANCE
360-417-4700
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.
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 1185 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.
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
Project#ST-13-028 Page 14 Rev. 8/30/2011
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.
F. 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.
Project#ST-13-028 Page 15 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "C"
Engineering Office PREVAILING WAGE RATES
Public Works and Utilities Department
360-417-4700
Prevailing Wage Rates Information Below:
1. Washington State Prevailing Wage Rates For Public Works Contracts —Journey Level and Apprentices,
Clallam County, effective 9/5/2013.
2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries
website link: http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or
by email, lhanley@cityofpaus. A hard copy is available for viewing in person at 1703 South B Street, Port
Angeles, WA. 98363.
Project#ST-13-028 Page 16 Rev. 8/30/2011
City of Port Angeles ATTACHMENT "D"
Engineering Office
Public Works and Utilities Department PERFORMANCE BOND
360-417-4700 $`
RETAINAGE
PERFORMANCE and PAYMENT BOND
Bond to the City of Port Angeles Bond#
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 ,Washington,this day of ,20®
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 Project#ST-13-028,and providing for_
First Street Sidewalk Repairs(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 fall force and effect.
Signed this day of 120—.
Surety Principal
By By
Title Title
Surety Address Agent Address
Surety Contact and Phone Number Agent Contact and Phone Number
Project#ST-13-028 Page 17 Rev.8/30/2011
ESCROW AGREEMENT for RETAINED PERCENTAGE
Airport Corners Pavement Repairs; ST-13-028
Escrow No.:
City of Port Angeles Contract No. ST-13-028
Completion Date:
TO: accrues and is paid, you shall collect the
interest and forward it to the Contractor unless
otherwise directed by the Contractor.
5. You axe 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
THIS ESCROW AGREEMENT is for the investment from the sale of such investments,or the
of the retained percentage of the above contract,in negotiation of the City's warrants) except in
accordance with chapter 60.28 of the Revised Code of accordance with the written instructions from the
Washington. It is limited to FDIC insured Washington City. Compliance with such instructions shall
State Chartered Banks who are covered by the State of relieve you of any further liability related thereto.
Washington Public Deposit Protection Act. 6. In the event the City orders you,in writing,to
reconvert the investments and return all monies,
The undersigned, (as you shall do so within thirty(30) days of receipt of
"Contractor"),has directed the CITY OF PORT the order.
ANGELES(as"City"),to deliver to you its warrants 7. The Contractor agrees to compensate you for your
which shall be payable to you and/or the contractor. services in accordance with your current published
The warrants are to be held and disposed of by you in schedule of applicable escrow fees. Payment of all
accordance with the following instruction: fees shall be the sole responsibility of the
Contractor and shall not be deducted from any
INSTRUCTIONS monies placed with you pursuant to this agreement
until and unless the City directs the release to the
i. Upon delivery the warrants shall be endorsed by Contractor of the investments and monies held
you and forwarded to the City for collection. You hereunder,whereupon you shall be entitled to
shall use the monies to purchase investments reimburse yourself from such monies for the entire
selected by the Contractor and approved by the amount of your fee.
City. You may follow the last written direction 8. This agreement shall not be binding until signed
received by you from the Contractor,for each by both parties and accepted by you.
purchase,provided the direction otherwise 9. This document contains the entire agreement
conforms with this agreement. Acceptable between you,the Contractor,and the City,with
investments are: respect to this Escrow,and you are not a party to,
A. Bills, certificates, notes or bonds of the nor bound by any instrument or agreement other
United States; than this. You shall not be required to take notice
B. Other obligations of the United States of any default or any other matter,nor be bound by
or its agencies; nor required to give notice or demand,nor
C. Obligations of any corporation wholly required to take any action whatever except as
owned by the Government of the United herein expressly provided. You shall not be liable
States; for any loss or damage not caused by your own
D. Indebtedness of the Federal National negligence or willful misconduct.
Mortgage Association;
E. Time deposits in commercial banks; CONTRACTOR
F. Other investments, except stocks, Federal Tax I.D.No. r]
selected by the Contractor, subject to
express prior written consent of the By:
City.
2. The investments shall be in a form which allows Title:
you alone to reconvert them into money if you are
required to do so by the City. Address:. a-►X, 1A
3. The investments must mature on or prior to the
date set for the completion of the contract,
including extension there of or thirty(30)days
following the final acceptance of the work.
4. When interest on the investments
Project##ST-13-028 Page 18 Rev.8/30/2011
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
Project#ST-13028 Page 19 Rev, 8/30/2011
City of Port Angeles ATTACHMENT "E"
Engineering Office
Public Works and Utilities Department FORMS
360-417-4700
REQUEST FOR INFORMATION (RFI) FORM
PROJECT NAME:
PROJECT/CONTRACT NUMBER:
ORIGINATOR: ❑ Owner Contractor
ITEM:
REFERENCE DRAWING OR SPECIFICATION:
DESCRIPTION OF CLARIFICATION/REQUEST:
DATE REPLY REQUESTED: CRITICAL TO SCHEDULE: ❑ YES ❑ NO
ORIGINATOR SIGNATURE: DATE:
COMMENTS:
RFI Number:
Project 4ST-13-028 Page 20 Rev. 9/30/2011
,soar V.
CONTRACT CHANGE ORDER(CCO) NO.
03
°tea ar��
Project Name Date
Contractor Project No.
DESCRIPTION OF WORK
You are ordered to perform the following described work upon receipt of an approved copy of this Change Order:
1. Describe work here
2. Additional work, etc....
Such work will be compensated by: check one or more of the fallowing 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:
Item Description RFI# Qty. Unit $Cost Per $Cost Net$ Adj.
No. Unit Cost Days
1 Ori
9- 'MI M
Rev
2 Ori
g•
Rev
ORIGINAL CURRENT EST.NET CHANGE TOTAL CHANGE EST. CONTRACT
CONTRACT CONTRACT THIS CHANGE ORDER ORDERS,INCLUDING AFTER THIS CHANGE
THIS ONE ORDER
DAYS:XX DAYS: YY DAYS: ZZ DAYS:XX+ZZ-YY DAYS: YY+ZZ
*Amount with applicable sales tax included
All work,materials and measurements to be in accordance with the provisions of the original 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 in this order include every claim by the Contractor for any extra payment or extension of time with respect to
the work described herein,including delays to the overall project,
'3k<J5 �,,»gw. _.a"Yv �^'Qf.�..3'+'.''%:4°;:. ,. kms°"-a^dy�3.'i -. 3,.r," '. ..j- w "§.t :', t1 ':.-.µ �.,A. .,' =.-z s ,��s t;'r p.; - ,.,� s - u .,:5?u- °ia ',16'.
-"r .. r 4..- + iM.:z '"&6'•```z �' r. _ '£�'"=� ``,�.. -.r"'s� i"s.,� v ...; ^.. "w t'`: `a- �t�` .af`x�z ;+r,.c,h §' .,.. e `,n
W �APPROVD8 .. :: � <STGNAURE '34307, � PTL.t�
PROJECT ENGINEER
Project#kST-13-028 Page 21 Rev. 8/30/2011
CITY ENGINEER
CONTRACTOR
PUBLIC WORKS&UTILITIES
DIRECTOR
CITY MANAGER
CITY COUNCIL APPROVAL DATE: '
Project#ST-13-428 Page 22 Rev. 8/30/2011
CONTRACTOR'S APPLICATION FOR PAYMENT
PROJECT Airport Corners Pavement Repairs PROJECT NO. ST-13-028
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: 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] $
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.
Continued on Page 2
Project#ST-13-028 Page 23 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 fin-ther 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
Notary Public in and for the State of
residing at
My appointment expires
APPROVAL:
Project Manager
Date
City Engineer
Date
Project#ST-13-428 Page 24 Rev. 8/30/2011
�kp�R qNC
CERTIFICATION OF
WORK COMPLETION AND ACCEPTANCE
"RkS ANS
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:
I
Project#ST-13-028 Page 25 Rev. 8/30/2011
City of Port Angeles ATTACHMENT
Engineering Office
Public Works and Utilities Department
360-417-4700 BID&SUPPLEMENTAL FORMS
Attachments: Bid and supplemental forms received from Lakeside Industries, Inc.
Project#ST-13-028 Page 26 Rev. 8/30/2011
BID FARM
Project Title: Airport Corners Pavement Repairs Project Number: ST-13-028
The bidder hereby bids the following amounts for all work(including labor, equipment,time and
materials)required to perform the work in the Statement of Work and this package.
1. **Product of Quantity and Unit Price shall be equal to$43,500.00**
Item Enter Enter Unit **Extended
No. Sec No. Description of Item Quantity Units Price Amount**
1 5-04 "HMA for Pavement Repair Cl. � Square $6 'g�1 $43,500.00
"/" PG 64-22" Foot
Please show your estimated amount of Rule 171 sales tax included in all of the bid items above. Refer to Section
1-07.2 in the Special Provisions.
$ q00,T
If you believe Rule 170 tax applies to any portion of this project, please identify and show the calculated amount
of tax.
4. The bidder hereby acknowledges that it has received Addenda No(s).
(Enter"NIA"if none were issued)to this Request for Bid package.
5. 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: ;LJt, S I � ✓� �
2. Address:
3. City, State, Zip Code: f � T W,4 47656.0
4. Phone Number: 560 57d-" 7, V3
5. Contractor Registration Number: C9-Z
17
& UBI Number: 19L1
7. WA State Industrial Insurance Account Number: M
8. WA State Employment Security Dept Number:
9. State Excise Tax Registration Number: 6 Z( (o DZ 2
The bidder represents that it is qualified and possesses sufficient skills to bid on this project and the necessary
capabilities to perform the s ices ort in :his Contrac
Signed by c
Title e
Printed Name: DAVID CkO`-C9_
Date
Project: ST-13-028
Page 3 Rev 08/30/2011
F OR ^
qND
C Y wl '
NON-COLLUSION ArrID"IT
STATE OF WASHINGTON )
COUNTY OF
) )
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.
nature of Bidder/Contractor
Subscribed and sworn to before me this day of�GFI ., 20 )-Z,
q VANyy!
=ems 'Tr%b
e
.002412015
�Puib nd for the x
;AO
State of 1'�
°F WASION
Residing a sc�,,...
My Comm. Exp.:
Project: ST-13-028
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
security in lieu of a bid bond in the amount of$ which
amount is not less than five (5%) percent of the total bid.
SIGN HERE
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
Travelers Casualty and Surety
That we, Lakeside Industries,Inc. _ as Principal and Company of America as Surety, are held and firmly,
bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of_Five Percent(5%)of Total Bid Amount—
-------------- 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: Airport Corners Pavement Repairs Project Number: ST-93-028
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, SEALED AND DATE THIS 24thdayof September 2013
Lakesi e Industri , c
Principal
2SYUk ma y( _ Parker, Smith&Meek,inc.
Till A.Boyle,Attorney-in-Fact
Surety Agent
Travelers Casualty and Surety Company of America 2233 112th Avenue N.E.
1501 4th Avenue,Suite 1650
Seattle,WA 98101 Bellevue,WA 98004
Surety address Agent Address
Travis Belling,206-326-4284 Susan B.Larson,425-709-3600
Surety Contact and Phone Number Agent Contact and Phone Number
Dated:
Received return of deposit in the sum of$
Project: ST-13-028
Page 5 Rev 08/30/2011
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS.! Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance.Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 226934 Certificate No, 005570455
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and,Marine Insurance Company, St.Pau] 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 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
Deanna M.French,Jill A.Boyle,Stuart A.O'Farrell,Susan B,Larson,Scott Fisher,Elizabeth R,Hahn,Jana M.Roy,Scott McGilvray,Mindee
Rankin,and Ellen Bell
of the City of Bellevue State of Washington their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other 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 pc.rAW#p&inyany;a dons of prgceedings allowed by law.
d .
IN'WITNESS WHEREOF,the Companies have caused this instru t�to'be signed and their corporate seals to be hereto affixed,this 22nd
day of July 2013
Farmington Casualty Company, fl St.Paul Mercury Insurance Company
Fidelity and Guaranty i�usiiirance.Company - Travelers Casualty and Surety Company
Fidelity and Guaranty 6s4'to Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Mdelity and Guaranty Company
St.Paul Guardian Insurance Company
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State of Connecticut By:
City of Hartford ss. Robert L.Raney, enior Vice President
On this the 22nd day of July 2013 before me personally appaared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farrington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Lac.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,l hereunto set my hand and official seal. �. W
My Commission expires the 30th day of lune,2016. L~p Marie C.TCtreatrlt,Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REO BORDER
This Power o£Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers.Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea]with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or{b}duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Pact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and Uni%d1$ttges Fide, and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed 6y said Com whicl,ts iri full far e lid effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto sat my hand an �c thea la o sand b iipames this 2f t~ day of ,� .�'sJ`i�p 20
a: a
f p ,-
`' Kevin E.Hughes,Assistant Sec twT
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attomey-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REO BORDER
City of Port Angeles ATTACHMENT ' „
Engineering Office
Public Public Works and Utilities Department �
350-417-4700
RETAINAGE
PERFORMANCE and PAYMENT BOND
Bond to the City of Port Angeles Bond# 105989227
KNOW ALL MEN BY THESE PRESENTS:
That we,the undersigned,Lakeside Industries, Inc.as Principal end Travelers Casualty and Surety Company of America
andec
a corporation,organized and existing under the laws of the State of XMMMiX 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 * $4 3 , 5 0 0 . 0 0
for the payment of which sum on demand we bind ourselves and our successors,
heirs, administrators or personal representatives,as the ease maybe, *Forty-Three Thousand Five Hundred and 00/100ths
This obligation,is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port
Angeles.
Datedat Bellevue ,Washington,thislothdayof October-,20 13
The conditions of the above obligation are such that;
WHEREAS,the City of Port Angeles has let or is about to lot to the said e Industrie Inc.
the above bounded Principal,a certain contract,the said contract being numbered Project„#ST-,13-028,and providing for
First Street Sidewalk Ra airs(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 perforin the work
therein provided for in the manner and within the time set forth;now,therefore,
If tho said Tnd tri Jar...... . ,shall faithfully perform all of the provisions
of said conttact 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 fort Angers 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 lothdayof Cctober ,2613.
Travelers Casualty and
Surety Company of America Lakeside 7ndustries, Tnc.
Sure y Principal
� 71 '
By
r-
I3
Ellen Sell, Attorney-in-Fact CFO
Title Title
P.C. Box 728, 163 Eclipse Industrial.
2233 112th Ave NE, Bellevue, WA 98004 Parkw Pgrt Angeles, WP 98352
Surety Address Agent Address
Ellen Bell (425) 709-3600 425-313-2674
Surety Contact and Phone Number Agont Contact and Phone Number m
Project 4ST,-13-028 Page 17 Rev.8/30/2011
` WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Tlravelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 226934 Certificate No. 005570684
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 America, and United 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 Taws 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
Deanna M. French,Jill A.Boyle,Stuart A.O'Farrell,Susan B.Larson,Scott Fisher,Elizabeth R.Hahn,Jana M.Roy,Scott McGilvray,Mindee
Rankin,and Ellen Bell
of the City of Bellevue State of Washington their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other 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 perinitlted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instruzxlcatt to be,signed-and their corporate seals to be hereto affixed,this 22nd
day of July 2013
Farmiugtun Casualty Company St,Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
i
pASU,� Y em^F'........
r�rt
77
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ar �.., f n
19 ` F., r Rroaar`:m m
t 9 6 2 O �I 1'^�j I a n: a HHARTFORD.- t li4ppY�F�K0, � a
„SEAL °i CONN n fla. J,R in 1896
State of Connecticut By:
City of Hartford ss. Robert L.Rancy, enior Vice President
On this the 22nd day of July 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 Underwriters,Inc.,St.Paul
Fuc 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 Statcs Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. 1�M
My Commission expires the 30t1i day of Junc,2016. �us�.t * Marie C.Tetreautt,Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER '
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a band,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or uniting obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; 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 ally
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so.executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect.to any bond or.understanding to which it is attached.
1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United ta4bs 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 Comp�ntes,;rPubchis in full force and effect and has not been revoked.
3
IN TESTIMONY WHEREOF,I have hereunto set my hand and, ethe,sus of said_Cgmpames this ���° day of fes$`..Y/"��1��'a 20
Kevin E.Hughes,Assistant Secr tary
�AtSU��� N J FS0.�4� �},5S iN�G P�IH4Uq�'4, P�tY AHO 91p] lY
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1977 'S. tt 1,o tconN. g cow�"'J a ��
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact its at www.travelersbond.com.Please refer to the Attorney-hi-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY fS INVALID WITHOUT THE RED BORDER