HomeMy WebLinkAbout001070 Original Contract City of Port Angeles
Clerk'S Copy
Record # 001070
i
PROJECT MAN UAL
for
CIVIC STADIUM — FIELD LIGHTING REPLACEMENT
PROJECT NO. PK03-14
O�.pORT q/I/
V� �N
GCp� �►�;TI�,",1a9 ,mow
CORKS AN��
CITY OF PORT ANGELES
WASHINGTON
APRIL, 2016
'�-A CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS & UTILITIES
4
U`111
For information regarding this project, contact:
Lucy Hanley,City of Port Angeles
ROUTE SLID"
.... .............................. ....... ._.............. T
SUBJECT: Civic Stadium — Replace Field Lighting
...
ORGINATOR: Tim Amiot DATE: J.3/10/16
.......... .. _ ...._.
TO: ACTION REQUESTED: INI IAL: DATE:
1. Lucy Hanley .... __.____ Distribute _ 0 !G
2. Shailesh ShereReview
..._. .......__...
55
3 Tren ..
4. Corey Delikat Review
v a..
_.....����_
5. Eric Walrath Review
6. Mike Puntenney Review
_..... _........ __ ..
7. Heidi Greenwood Review
8. Lucy Hanley Return to Lucy for Processing t ,
9. Mike P ntenney Confirm Contract for Signature
10. Crai Fulton Confirm Contract for Si nature
11. Byron Olson
ITIT— Fundin Confirmation-'V
12. Bill Bloor Sign Contract
........ _....__� g
13. Dan McKeen Si n Contract t
4. Jennifer Veneklasen _...._Sign Contract
1mm ITITITmm mm _..
5.
.....� ............ ........ ........._
Government estim425
2,(�6 pry C'dp
. /1..Q 'R'.�'�1..v99 ��` �,� .. .✓{� 4,"iWF-A'P''�y :0�.,iG"'� ��n."�' V• 4,�r �'"/_ '�M 4,.N t,",)C/'"
. . . . m .m _. _... ... ...._ _.................�
CITY COUNCIL Y
_.._ ..... ..--..—_ ..........
BUDGET ACCOUNT
.. m,�..m.. .....a_v
BY
RETURNREVIEW....... ._�...—
Return to Lucy Hanley for Processing
PUBLIC WORKS CONTRACT
This Contract is made and entered into in duplicate by and between the City of Port Angeles, a
non-charter code city of the State of Washington, hereinafter referred to as"the City," and Colvico Inc,
a Washington Corporation, hereinafter referred to as"the Contractor."
WITNESSETH:
Whereas,the City desires to have certain public work performed as hereinafter set forth, requiring
specialized skills and other supportive capabilities; and
Whereas,the Contractor represents that it is qualified and possesses sufficient skills and the
necessary capabilities to perform the services set forth in this Contract.
NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein,
the parties hereto agree as follows:
1. Scope of Work.
The Contractor shall do all work and furnish all tools,materials, and equipment in order to
accomplish the following project:
CIVIC STADIUM—FIELD LIGHTING REPLACEMENT PROJECT
PK03-14
in accordance with and as described in
A. this Contract, and
B. the Project Manual, which include the attached plans, Specifications, Special Provisions,
submittal requirements, attachments, addenda (if any), Bid Form, Performance and
Payment Bond, and
C. the 2016 Standard Specifications.for Road, Bridge, and Municipal Construction prepared
by the Washington State Department of Transportation,as may be specifically modified in
the attached Specifications and/or Special Provisions, hereinafter referred to as "the
standard specifications,"and
D. the most current edition of the City of Port Angeles' Urban Services Standards and
Guidelines,
and shall perforrn any alterations in or additions to the work provided under this Contract and every part
thereof.
The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing the work
provided for in this Contract, except as may otherwise be provided in the Project Manual.
t :
2. Time for Performance
Time is of the essence in the performance of this Contract and in adhering to the time frames
specified herein. The Contractor shall commence work within ten(10) calendar days after notice to
proceed from the City, and said work shall be physically completed by 31 August 2016,unless a different
time frame is expressly provided in writing by the City.
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT
11-2
3. Compensation and Method of Pam.
A. The City shall pay the Contractor for work performed under this Contract as detailed in
the bid, and as incorporated in the Project Manual.
B. Payments for work provided hereunder shall be made following the performance of such
work, unless otherwise permitted by law and approved in writing by the City. No
payment shall be made for any work rendered by the Contractor except as identified and
set forth in this Contract.
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 and unaltered
Application for Payment form, an example of which is included in the Attachments to
this Contract. This form includes a lien waiver certification and shall be notarized before
submission. Applications for Payment not signed or notarized shall be considered
incomplete and ineligible for payment consideration. The City shall initiate authorization
for payment after receipt of a complete Application For Payment and shall make payment
to the Contractor within approximately thirty(30) days thereafter.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No agent,
employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant,
or representative of the City, and the employees of the Contractor are not entitled to any of the benefits
the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and
the acts of its agents, employees, servants, subcontractors, or representatives during the performance of
this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all
federal, state, and local taxes or contributions imposed or required, including, but not limited to,
unemployment insurance, workers compensation insurance, social security, and income tax withholding.
5. Prevailing Wage Requirements.
A. This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto
and regulations issued thereunder, relating to prevailing wages, benefits and other
requirements. Workers shall receive no less than the prevailing rate of wage.
- - Bidders shall examine and be familiar with such requirements. No claim for
additional compensation will be allowed which is based upon a lack of knowledge
or a misunderstanding of any such requirements by the Bidder or a failure to
include in Bidder's price adequate increases in such wages during the performance
of this Contract. The Contractor is advised to consult the Washington State
Department of Labor and Industries to determine the prevailing wages that must
be paid.
s
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT
11-3
B. This public works project is being done in Clallam County. Washington State
wage determinations for Clallain County Journeymen and Apprentices can be
found at https://fortress.wa.gov/lni/wa elg ookup/prvWa elg ookup.aspx and at
https:Hfortress.wa.gov/lni/wa elookup/ApprenticeWageLookup.aspx. The
applicable wage determinations to use have an effective on the bid due date.
C. A copy of the applicable wage rates is available for viewing at the Port Angeles
Public Works and Utilities Contracts Office. In addition, this agency will mail a
hard copy of the applicable wage rates upon request
6. Indemnification and Hold Harmless.
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials,
employees, and volunteers against and from any and all claims, injuries, damages, losses,
or lawsuits, including attorney fees, arising out of or in connection with the performance
of this Contract, except for injuries and damages caused by the sole negligence of the
City. It is further provided that no liability shall attach to the City by reason of entering
into this Contract, except as expressly provided herein.
B. Should a court of competent jurisdiction determine that this Contract is subject to RCW
4.24.115,then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties.The provisions of this section shall survive the expiration or
termination of this Contract.
7. Insurance.
The insurance coverage shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications Division 1-07.1 S.
A. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
B. Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT
11-4
8. Compliance with Laws.
A. The Contractor shall comply with all applicable federal, state, and local laws, including
regulations for licensing, certification, and operation of facilities and programs, and
accreditation and licensing of individuals,and any other standards or criteria as set forth
in the Project Manual.
B. The Contractor shall pay any applicable business and permit fees and taxes which may be
required for the performance of the work.
C. The Contractor shall comply with all legal and permitting requirements as set forth in the
Project Manual.
9. Non-Discrimination.
Non-discrimination shall be in accordance with and as described in the Washington State
Department of Transportation Standard Specifications and the Special Provisions Division 1-07.11.
10. Assignment.
A. The Contractor shall not assign this Contract or any interest herein,nor any money due to
or to become due hereunder, without first obtaining the written consent of the City, nor
shall the Contractor subcontract any part of the services to be performed hereunder
without first obtaining the consent of the City.
B. The Contractor hereby assigns to the City any and all claims for overcharges resulting
from antitrust violations as to goods and materials purchased in connection with this
Contract, except as to overcharges resulting from antitrust violations commencing after
the date of the bid or other event establishing the price of this Contract. In addition,the
Contractor warrants and represents that each of its suppliers and subcontractors shall
assign any and all such claims for overcharges to the City in accordance with the terms of
this provision. The Contractor further agrees to give the City immediate notice of the
existence of any such claim.
11. Contract Administration.
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT
II-5
This Contract shall be administered by C I V(GO on behalf of the Contractor
and by Tim Amiot,Project Manager,on behalf of the City. Any written notices required by the terms
of this Contract shall be served or mailed to the following addresses:
Contractor: City:
Colvico Inc. City of Port Angeles
2812 N. Pittsburg Street 321 East Fifth Street
Spokane, WA 99207 Port Angeles, WA 98362-0217
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. Effective Date.
This contract is effective and binding as the date the last signature is affixed to it.
IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed the day
and year first set forth above.
COLVICO INC: CITY OF PORT ANGELES:
601 Vl LO I..lm C By:
Name of Contractor
--—' City Manager
cow c��f�
A roved as to o .
Title: ek2S(dcn' - i : (r ---
>ty ttorney
Attest:
v
Vkm--
-C'Jty Clerk
E
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT
11-6
t r>
CIVIC STADIUM-FIELD LIGHTING REPLACEMENT II-7
001070
RETAINAGE BOND Bond No.1.06482226
KNOW ALL MEN BY THESE PRESENTS, that Colvico Inc. ,
existing under and by virtue of the laws of the State of Washington and authorized to do business
in the State of Washington as Principal,
and Travelers Casualty and Surety Company of America ,
organized and existing under the laws of the State of CT and authorized to
transact business in the State of Washington as Surety, are jointly and severally
held and bound unto City of Port Angeles , hereinafter called Obligee,
and are similarly held and bound unto the beneficiaries of the trust fund created by RCW 60.28,
in the penal sum of Twenty Five Thousand Nine Hundred Thirty Six Dollars and 00/100
($25,936.00 ) , which is 5% of the Principal's price on Contract ID Project No. PK03-14 .
WHEREAS, on the day of , , the said Principal
herein executed a contract with the Obligee, for Project No. PK03-14
Civic Stadium - Field Lighting Replacement (Contract ID, Name) .
WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the
sum of 5% from monies earned on estimates during the progress of the construction, herein after
referred to as earned retained funds.
AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained
funds as allowed under RCW 60.28.
NOW, THEREFORE, the condition of the obligation is such that the Principal and Surety are
held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum
of five percent (5%) of the final contract cost which shall include any increases due to change
orders, increases in quantities of work or the addition of any new item of work. If the Principal
shall use the earned retained funds, which will not be retained, for the trust fund purposes of
RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force
and effect until release is authorized in writing by the Obligee. This bond and any proceeds
therefrom shall be made subject to all claims and liens and in the same manner and priority as set
forth for retained percentages in RCW 60.28.
PROVIDED HOWEVER, that:
1.The liability of the Surety under this bond shall not exceed 5% of the total amount earned by
the Principal if no monies are retained by the Obligee on estimates during the progress of
construction.
2.Any suit under this bond must be instituted within the time period provided by applicable law.
WITNESS our hands this 20th day of May 2016
t'�.y; B r..
o
f;Travelers Casua and Surety Company of America of.Colvico, Inc.
Ourety Principal
ecgyA. Firth Am , Coeu )art
Attorney-in---Fact
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AWAk POWER OF ATTORNEY
TRAVELERSFarmington 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. 230076 Certificate No. 006706779
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 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
Kathleen M.Mitchell,Debbie Lindstrom,John Drummey Jr.,Scott C.Alderman,Timothy S.Buhite,Simone Rae Frederick,and Peggy A. Firth t
of the City of Seattle State of Washington their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is rained above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WETNESS WHEREOF,the Companies have caused this inshument to be signed and their corporate seals to be hereto affixed,this 7th
day of_April 2016
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
GI.SU^�� V tv �F\RE ni6pQc \�It G "(y1�1 NsUq`'v. JP�TY ANp �.4�flF! YYTY'•U
O5U(1 Q 4 '� INCQ9 O Lv_ �_ ZTL ,COR POAA)e�m� �W4:
1982 0 1977 PoftAiED eN 6 _ ... `a; -._ f e a HARTFORD t e •HARifDRD,t W °i rED
He a 1951 a ALA'' SEAL.a3=
State of Connecticut By:
City of Hartford ss. Robert L.Raney,,enior Vice President
On this the 7th day of April 2016 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
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 lie,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.
G. 1
In Witness Whereof,I hereunto set my hand and official seal. TAI?
My Commission expires the 30th day of June,2016. '0!/BL�G * Marie C.Tetreault,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 RED BORDER
This Power of Attorney is granted under and by the authority of the following t'esolutions 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
FF 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 Tieasmer,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 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 tine 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 hoed,recognizance,contract of indemnity,or writing obligatory in the mature 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)duty executed(under seal,if required)by one or more Attorney s-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-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the natm e 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 hnsurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Suety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power-of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
t
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ��day of %U 20
f
—. —__--
Kevin F_.Hughes,Assistant Seu tare
pnsu,�� .n9N1Yf/y� peC a �, .��,N � t xsoq`.. ♦r amay�a"� 0"Ji
i nj.!intpw�pYf,m_ H......b�, ; oNANTfORDGRoP.Sr rt '¢....: '�i';
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwwAraveler:sbond.com. Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER