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HomeMy WebLinkAbout000495 Original Contract City of Port Angeles Record # 000495 e 0C-pORTq���� CITY OF PORT ANGELES PUBLIC WORKS DEPARTMENT C�ARKS nEV p(� PHASE 1 CSO PROJECT PROJECT NO. 06-01 FUNDED IN PART BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY Volume 1 of 4 Division 0 : Legal and Procedural Documents Division 1 : General Requirements Conformed to Addenda v Conformed Document g This document was compiled from all bid period information relative to these sheets.The City of Port Angeles is not responsible for the accuracy of the information contained herein. The original bid documents are the contractual documents and it is the responsibility of the contractor to update those documents as necessary to keep an accurate record of the construction. r1 See original drawings for signatures and seals. 7 July 2012 .Q E p c o Glenn A. Cutler, P.E., Director of Public Works and Utilities March 2 012 E Mike Puntenney, P.E., City Engineer 0 For more information regarding this project, contact: EJames o 360 4176-4709 P.E., City of Port Angeles BROWN AND CALDWELL 9 City of Port Angeles Record # 000495 AGREEMENT AND PUBLIC WORKS CONTRACT THIS AGREEMENT and PUBLIC WORKS CONTRACT ("Contract") is dated effective this 7th day of August , 2012 and is made by and between the City of Port Angeles, a Washington municipal corporation ("City" or "Owner"), and IMCO General Construction Inc. ("Contractor"). WITNESSETH: That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction of City of Port Angeles Phase 1 CSO Project Project No. 06-01 and the Contractor did on 24th day of May 2012, file with the Owner a proposal to construct said improvements and agreed to accept as payment therefore the sum fully stated and set forth in the Proposal, and; WHEREAS, the said Contract Documents fully and accurately described in terms and conditions upon which the Contractor proposes to furnish said equipment,labor,materials, and appurtenances and perform said work, together with the manner and time of furnishing same; IT IS THEREFORE AGREED, first, that a copy of said Proposal and other Contract Documents filed with the Owner, as aforesaid, does, in all particulars, become a part of the Agreement and Contract by and between the parties hereto in all matters and things therein set forth and described; and further,that the Owner and the Contractor hereby accept and agree to the terms and conditions of said Contract Documents as filed as completely as if said terms,specifications,conditions,and plans were herein set out in full. This Contract, the Contract Documents and any supporting contract documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings shall be effective for any purpose. Terms used in this Contract which are defined in Article 1 of the General Conditions will have the meanings described therein. No provision of this Contract may be amended except by written agreement of the Parties. Any provision of this Contract which is declared invalid, void or illegal shall in no way affect,impair,or invalidate any other provision hereof and such other provisions shall remain in full force and effect. The Contractor shall not transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 8/7/2012 4:21 PM Port Angeles Phase I CSO Project p:\Port Angeles\132829\_Amend 4\006b\Specs 00510-1 City Project No. 06-01 AGREEMENT (Project No. 06-01) - continued f Subject to the preceding sentence,this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest,heirs and assigns. The venue for any dispute related to this Contract shall be Clallam County, Washington. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. This Contract shall be governed by and interpreted in accordance with the laws of the State of Washington. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute this Contract. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. In the event of a conflict between the terms and provisions of any of the Contract Documents,the City Manager or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. IN FAITH WHEREOF,witness the hand and seals of both parties hereto on the day and year in this Agreement first above written. DATED the day and year set forth above. CONTRACTOR CITY OF PORT ANGELES By: By. Printed Name: Pri d Name: Frank I of Title: Title: President Address: 2116 Buchanan Loop City: Ferndale WA 98248 APPROVED AS TO FORM: �0 mber: (360) 671-3936 BY. �`�,.•Q'Ap® CITY ATTORNEY ca; SEAL ° ATTEST: �. 997 .•�"' ,� . ; �r ,j�, ',���� 3'fy`/NGI CIT CLERK **END OF AGREEMENT** Port Angeles Phase I CSO Project 8/2/2012 8:26 AM City Project No. 06-01 00510-2 p:Tort Angeles\132829\_Amend 4\006b\Speer SECTION 00610 PERFORMANCE AND PAYMENT BOND Bond to the City of Port Angeles Bond# 09090639 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, IMCO General Construction, Ince as Principal, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State of Maryland ., 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$ 16,278,350.00 _ 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 Tacoma , Washington, this 7th day of___ Aug.ust , 2012 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 IMCO General Construction, Inc. the above bounded Principal, a certain contract, the said contract being numbered and providing for Phase 1 CSO Project (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, IMCO General Construction, Inc. , shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract to the extent such claims are provided for in RCW 39.08.010; the state with respect to taxes imposed pursuant to Titles 50, 51, and 82 RCW which may be due; 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 411 112012 10:08 ANI Port Angeles Phase I CSO Project pAllort Angeles\132829\_Amend 4\0066\Specs 00610-1 City Project No. 06-01 provide(( or peflornied wide1'said contract within it period of'one ycar after its acceptance thereof - by the Clay of Port An&w1cand all cla.inis tiled in compliance with Chapter 9.08, RCW and resolved, then and in that event. this; oblTuition shall be vojd; but WIICIwise, it Shall be and remain in Full force and effect. Sime(] this 7th dayof August ��012 t CID Fidelity and Deposit Company of Maryland IMCO General Constructio Ica: AL Surety principal B By NGI w Julie R. Truitt, Attorney-in-Fact —Fra_nk__Imhof, Pre ident Title Title 999 3rd Avenue, Suite 800 1201 Pacific Aven , Suite 1000 Seattle, WA 98104 Tacoma, WA 984 2 Suretv Address Agent Address Biesson Samuel Peggy Firth (206)622-1101 (253) 759-2200 SUI-ON' Contact and :Phone Number Agent Contact and Phonc Nrmibci- **END OF SECTIONx* Port Anueles Phase.I CSO Project i 11 2ii1' it):(i ilhi C.'ily w ProjNo.06-01 t�06J 0-2 p;`�•pon \ii 0 1328211' Amend 4J)OWSpvcn ' _ ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Eric A.ZIMMERMAN,James B.BINDER,Karen SWANSON,Anne STRIEBY,Jennifer SNYDER, Julie R. TRUITT, Peggy A. FIRTH, Christopher KINYON, Brady MORIARTY and Jamie DIEMER, all of Tacoma, Washington, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 22nd day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND is 8EAL ^ O a i utl ° — .. ......... *�a3 Assistant Secretary Vice President Eric D.Barnes Thomas O. McClellen State of Maryland City of Baltimore On this 22nd day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLEN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4 � Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA--F 180-2849B ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Eric A.ZIMMERMAN,James B.BINDER,Karen SWANSON,Anne STRIEBY,Jennifer SNYDER, Julie R. TRUITT, Peggy A. FIRTH, Christopher KINYON, Brady MORIARTY and Jamie DIEMER, all of Tacoma, Washington, EACH its true and lawful agent and Attorney-in-Fact, to make,execute,seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 22nd day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND G. , Isla 3 Ssac. 7 n lot �? ZX t b:• 1998 D J J el By. ° Assistant Secretary Vice President Eric D. Barnes Thomas O. McClellen State of Maryland City of Baltimore On this 22nd day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLEN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the clay and year first above written. ``�ruUtryl�� I�, Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 180-2849B