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HomeMy WebLinkAbout001229 Original Contract City of Port Angeles DTY CLERK'S COPY Record # 001229 City of Port Angeles Public Works&Utilities Dept. Engineering Office 121 E Fifth Street SMALL WORKS ROSTER Port Angeles WA 98362 Fax: 360-417-4709 Request for Bid Contract Contract Title: 2017- Pole Testing Project Number: CON-2017-12 THIS CONTRACT is entered into the date last below written between the CM OF PORT ANGELES, WASHINGTON ("City") AND MI-TECH SERVICES, INC ("Contractor"). 1.WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment A (Attachment A includes Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) that 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: Deggmbgr 31, 2017. F� 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). F-1 The performance period under this Contract commences—calendar days after notice to proceed and ends (xx days thereafter or after contract oward). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract(check one). E Force Account -Time and material, not to exceed: $50,000 E] Force Account-Time and actual expenses incurred, not to exceed: $_ D Force Account- Unit prices set forth in the Contractor's bid or quote, not to exceed, $_ E] Firm Fixed Price set forth in Contractor bid or quote in the amount of: $_ The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with, and as described in the Attachment A. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A. B.The Contractor shall maintain time and expense records that 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 within 30 days of receipt of a properly completed invoice. D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3)years after final payment. Copies shall be made available to the City upon request. 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The Contractor makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Contractor. 3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein. 4. Contractor fails to make prompt payment to subcontractors for material or labor. 5. Contractor persistently disregards federal, state or local regulations and ordinances. 6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data, or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs, or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract, 10. INDEMNIFICATION / 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 Contract, except for injuries and damages caused by the sole negligence of the City. 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. 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Poles from 0-5 years old, or poles treated within 5 years, will only be visually inspected and reported if visual inspection warrants no further action. All poles 6 years and older are to be inspected both above and below the groundline area. For bidding, Contractor shall assume each pole to be sounded, fully excavated (Section 3.3), bored in three locations (Section 3.6), and treated with fumigant (Section 5.3). Actual extent of treatment will be field determined by the inspection. Contract will be awarded to the bidder testing the most poles for$50,000. Poles will be selected in the numerical order indicated in Schedule A. 12 Specification These specifications are meant as a minimum. Exceptions to the specifications must be noted when responding to the Bid. 1,3 Contractor Requirements 1.31 The Contractor shall furnish all supervision, labor, tools, equipment, report forms and field adaptable handheld data collection devices, transportation and material necessary for the inspection and treatment of City's poles as identified. City will furnish copies of this specification and necessary maps showing locations of poles which are the subjects for inspection and/or treatment. Copies of this specification shall be available for field personnel. 11.12 The Contractor is required to have a minimum of five(5)years in the in-service pole inspection and treatment business. The Contractor must have documented programs/policies conforming to EPA, OSHA, DOT,and WISHA along with all Federal and State pesticide regulations. These policies must include Safety Manual, Pesticide Training Manual and test, standards for safe storage of preservatives on vehicles, operating policies for Contractor's personnel to handle preservatives and procedures for disposing of empty containers used for pole treatment in compliance with label requirements, and OSHA regulations involving personal protective equipment. 13.3 The Contractor must comply with the General Terms and Conditions to which these specifications are attached, 1.4 Personnel Qualifications 1.4.1 All pole inspection and treatment must be performed by professional in-service groundline pole inspection and treatment specialists. They must be a licensed applicator in the State of Washington,trained and with a minimum of one (1)year experience in the inspection and treatment of in-service wood poles. The City reserves the right to ask for evidence of previous experience and training in the form of letters of reference and test results, Personnel are subject to approval by the City before awarding the contract, or at any time thereafter. Failure to maintain an adequately trained inspector will result in payment being withheld by the City in the area being inspected. 1,4,2 Supervision of pole inspection and treating specialists of in-service poles shall be by a licensed applicator and a full-time supervisor with at least two(2)years of field experience. 1.4,3 Personnel not qualified to inspect and treat in-service poles shall work directly under the supervision of a qualified licensed professional. Where required by law or agency, material treatment of any pole shall be done only by certified or licensed individuals. Pesticide applicators shall be licensed as CON-2017-12 Page 7 Rev. 11/28/16 required in RCW Chapter 17.21. 1.5 Workmanship and Damages 1.5.1 Any damages, real or personal, off the right-of-way arising directly from the performance of the work specified herein, or any damages on the right-of-way as a result of negligent operations, shall be settled promptly by the Contractor, 1.6 Definitions for Inspection and Treatment Pole inspection and treatment categories are defined as follows: 1.6.1 Reported Pole(Visual Inspection): A reported pole is less than 5 years old about which the City desires information OR any pole that is judged to be unserviceable prior to, excavation (per Section 3.2) OR any pole where the City is the joint user (tagged per Section 7.1) OR is underground primary equipment (secondary pedestals and meter pedestals are NOT included) OR any pole which is determined by Contractor, in Contractor's reasonable opinion,to be inaccessible. Poles less than 5 years old may be subjected to further evaluation at the City's discretion. 1.6.2 Sounding and Boring: Poles shall be sounded with a hammer from either groundline or above groundline as applicable, to as high as an inspector can reach in order to locate exterior decay or interior pockets of decay. Inspector shall bore pole at least once to detect interior decay. A shell thickness indicator shall be used to detect the existence and extent of any interior decay. If it is present, pole shall be bored a sufficient number of times to determine location and extent of decay. Bored holes shall be plugged with tight-fitting plastic or treated wood dowels. 1.6.3 Full Excavation: Poles that are fully excavated according to Section 3.3 below. 1.6.4 Partial Excavation: Poles that are partially excavated on one side of the pole according to Section 3.4 below. 1.6.5 Externally Treated Pole: A groundline treated pole is any pole designated by the City which, upon inspection, is found to be a candidate for external preservative treatment, provided enough sound wood remains. Treatment shall consist of the treatment specified in Section 5.2 of these specifications. 1.6.6 Reiected Poles: The City is responsible for determining when a pole shall be deemed rejected. A rejected pole is any pole designated by the City which, upon inspection, is found deteriorated below the required minimum as indicated on the shell thickness table supplied in Section 4.3,or otherwise designated by the City. Poles may also be classified as visual or sound and bore rejects according to Section 3.2. Contractor will provide methodology and charts for determining rejects. The guidelines recommended shall be designed to identify those poles which are at or below 67% remaining capacity as per NESC Standards. In addition, the depths and size of various decay conditions along with mechanical damage and insect infestation shall be recorded. An input of percentage remaining capacity shall be part of the data deliverable requirements. Poles not meeting the strength requirement will be rejected and reported to the City for replacement. Poles rejected that are suspected of being in a hazardous condition and/or needing immediate corrective action shall be reported to the designated City's representative within 24 hours. Poles requiring immediate corrective action will be reported in the database as priority poles. 1,6.7 Wood Preservative: Application of E.P.A. registered fumigant that has supporting documentation proving the efficacy of said product to the City's satisfaction, to poles CON-2017-12 Page 8 Rev. 11/28/16 according to Section 5.3. 1.6.8 Priority Pole- A pole that is in need of immediate attention (replacement); usually has average shell of 1'1z inches or less for distribution and two inches or less for transmission, or less than one-third of its original circumference. The location of priority poles will be reported to the City's representative daily. 2.0 GENERAL PRECAUTIONS AND REQUIREMENTS FOR PRESERVATIVE APPLICATIONS 2.1 General Restrictions and Requirements 21.1 All preservatives shall be handled and applied in accordance with the product label, and in a manner that will prevent damage to vegetation and property. Only preservatives registered by the Environmental Protection Agency (EPA) and the appropriate State Department of Agriculture for the intended use of remedial pole treatments will be considered for approval by the City. Z 1.2 No preservatives shall be applied by the Contractor when a pole is readily identifiable as(a)located on any school property;or(b)in a vegetable garden,or(c)within ten(1 a)feet of a stream or standing water body or(d)within fifty(50)feet of a private well. 21.3 Any container in which a preservative is stored shall be stored in a securely locked container or tool box or bolted to vehicles on the right-of-way and kept locked when left unattended. Empty preservative containers shall be removed from the right-of-way and kept in a locked compartment until disposal. Disposal of preservatives and their containers shall be in accordance with the product label as well as the rules and regulations of all appropriate Federal and State agencies. 22 Pesticide Licensing and Reporting Requirements 2.2,1 The Contractor shall be a certified commercial pesticide application for the preservative application set forth under this Agreement,and each crew shall be supervised by a full time Supervisor who is licensed and certified by the State of Washington. The Contractor shall be responsible for the accurate recording and submitting of all pesticide usage forms required by the various pesticide regulatory agencies and for meeting all applicable Federal and State rules and regulations, 2.2.2 The Contractor is required to have in his possession copies of the preservative labels and MSDS for all pesticides being used. A copy of all MSDS will be provided to the City with bid documents. Upon request, the MSDS and labels will be shown to anyone desiring this information. Property completed shipping papers will also be carried on each vehicle which is transporting pesticides. Z3 Material Handling 2,3.1 Incidental releases of preservative shall be immediately cleaned up in a manner consistent with label requirements, Federal and State regulations, and relevant environmental procedures. 2.3,2 The Contractor shall provide each crew with a recovery kit containing sufficient materials for cleaning up and neutralizing incidental releases of both paste and liquid preservatives. 2.4 Proper Equipment 2.4.1 The Contractor shall provide each crew with all required personal protective equipment (PPE)as specified by the label. In addition hard hats and a change of clothing will be provided. All field employees are required to provide and wear work boots. 2.4.2 The Contractor shall provide a truck that has covers and locks adequate to satisfy federal and state DOT regulations in which to store and transport the preservatives. 2.4.3 City will provide Contractor with a letter to be carried in the Contractor vehicles approving the work for the City. CON-2017-12 Page 9 Rev, 11/28/16 2.5 Pesticide Training 2.5.1 Each pole inspector or foreman shall be required to have documented pesticide training that meets state requirements for applicator licensing and is to be submitted as part of their proposal. 2,52 Hazard Communication and Safety Program: The Contractor shall provide to its employees a hazard communication program which addresses the purpose of using pesticides, material safety data sheets and product labels, protective safety equipment and clothing and product information. A safety manual and program is to be provided and utilized by the Contractor and its employees. 3.0 INSPECTION 3.1 Preparation 3.11 When work is to be done in close proximity to a home,the property owner should be notified as to what is being accomplished. Light brush will be removed from around the pole to allow for proper excavation, inspection and\or treatment unless permission for removal is denied by property owner (excessive brush may require an additional charge). Denial will be indicated in the remarks column on the pole report. If permission for excavation is denied, the pole will be sounded and bored above grade, and fumigant treated, providing the pole is serviceable. Contractor will not inspect or perform work on poles inaccessible by acts of God or by any causes beyond the control of Contractor. Reason for the lack of inspection will be noted in the remarks column of the pole report. 3.1.2 Field conditions may indicate the need for different examinations for different poles. Additional inspection or treatment shall be provided with COPA Engineering's approval at the unit costs indicated in the bid schedule. Billing will be based on actual tasks performed for each pole. For bidding, Contractor shall assume that each pole listed in Schedule A will be given each of the following examinations: 3.11.2,11 Above ground inspection per Section 3.2 3.1.2.2 Full excavation per Section 3.3 3.1.2.3 Sounding per Section 3.5 3.12.4 Boring per Section 3.6 3.1Z5 Internal treatment per Section 5.3 3.2 Above-Ground Inspection 3,2.1 A visual inspection of all poles shall be made from groundline to the top of the pole. The following visible defects will be noted: woodpecker holes, split tops, decayed tops, broken insulators, decayed or broken crossarms, missing hardware, slack/broken guy wires. If the pole is obviously not suited for continued service due to serious defects, contact City representative for direction. Only an above-ground visual inspection is required for poles less than 5 years old, 3.3 Full Excavation 3.3.1 All poles that pass the above ground visual inspection and are more than 5 years old shall be fully excavated to a depth of eighteen(18)inches.(Exceptions include poles in pavement and poles in vegetable gardens. These poles will be sound and bore inspected per Sections 3.5, 3.6.) The pole will be sounded and bored according to Sections 3,5 and 3.6 and the pole surface will be checked for signs of external decay. 3,3.2 If no surface decay is suspected and the borings indicate no internal decay, paste preservative (Section 5.2)application is required. The full excavation will be back-filled. 3.3.4 Poles will be treated with a fumigant according to Section 5.3 and the full excavation will be back- filled after paste preservative application(Section 5.2). 13.5 if an internal void is present, the pole will be treated with a fumigant according to Section 5.3 and an internal treatment according to Section 5.4 and the full excavation will be back-filled after paste preservative application(Section 5.2). CON-2017-12 Page 10 Rev. 11/28/16 3.4 Partial Excavation 3.4.1 All poles that pass the above ground visual inspection that are more than 5 years old but could not be fully excavated due to obstructions shall be partially excavated on one(1)side of the pole at the largest check to a depth of eighteen (18) inches. (Exceptions include poles in pavement and poles in vegetable gardens, These poles will be Sound and Bore inspected.) The pole will be sounded and bored according to Sections 3.5 and 3.6 and the pole surface will be checked for signs of external decay. 3.42 If no surface decay is suspected and the borings indicate no internal decay, paste preservative (Section 5.2)application is required. The partial excavation will be back-filled. 3.4.4 Poles will be treated with a fumigant according to Section 5.3 and the partial excavation will be back-filled after paste preservative application (Section 5.2). 3.4.5 If an internal void is present,the pole will be treated with a fumigant according to Section 53 and an internal treatment according to Section 5.4 and the partial excavation will be back-filled after paste preservative application(Section 5.2). 3.5 Sounding 3.5.1 Poles shall be sounded from as high as the inspector can reach to the exposed groundline area in order to locate interior pockets of decay. Hammer marks should be visible to indicate that the area was sounded. 16 Boring 3.61 Inspector shall bore pole with a 1/4"bit. Poles of 50-inch circumference or more(transmission)shall be bored with 4 holes; poles of 34 to 49-inch circumference(distribution)shall require bore 3 holes; poles 33-inches or less shall require 2 holes. First bore hole shall be located 8 inches below groundline, Second hole shall be at ground line, and subsequent holes shall each be 8 inches above the previous hole. Bore holes shall be drilled at different positions around the perimeter of the pole, 90 or 120 degrees apart, as noted in Section 5.3.2. Each hole shall enter the pole at a 45 degree angle to a depth of the center line of the pole. A shell thickness indicator shall be used to detect the existence and extent of any interior decay. 3.62 If heart rot or enclosed decay pockets are evident in a pole, a minimum of four(4)borings will be taken to determine the size and extent of decay. 3,6.3 Bored holes shall be plugged with tight-fitting treated wood dowels or plastic plugs. Plugs shall be a minimum of 3,-inches long, either tapered or straight. Tapered plugs shall taper from 1/32"smaller than the dhill bit at the bottom (small end)to 1/16"larger than the hole at the top(large end), Straight wooden dowels shall be 1116-inch larger than the hole. 3,7 Stubbed Poles 3.7.1 Wood stubs banded or bolted to existing poles shall be partially excavated,tested, and treated the same as regular distribution poles. In addition, the original pole being supported shall be bored and internally treated at two locations: One hole adjacent to each bolt or band,to determine the strength of the stubbing. No external testing or treatment is required on the base of the original pole. This is considered one structure, not two, and is to be billed as such. 3.7.2 Steel stubs will not require testing of the stub. The original pole being supported shall be bored and internally treated at two locations- One hole adjacent to each bolt or band, to determine the strength of the stubbing. Base of the original pole shall be partially excavated and given external treatment. 3.8 Chipping 18.1 All poles that will be externally treated will have all loose and decayed wood removed from 18" below groundline to 6"'above groundline. A quality chipping tool will be used for this procedure to obtain a CON-2017-12 Page I 1 Rev, 11/28/16 smooth, clean removal of wood. External decay pockets will be shaved or chipped to remove decayed wood from pole. Shaved wood shall be removed from the hole and surrounding ground and disposed of properly. Care should be taken not to remove good wood as this will reduce the strength of the pole. The pole will be scraped using a check scraper or wire brush to remove dirt from treatment zone. 4.0 EVALUATION 41 Determining Minimum Circumference 4.1.1 Measure minimum circumference at or below groundline, wherever the least sound wood is present. Make adjustments in circumference to account for external decay pockets and internal decay in accordance with class of pole. Check effective circumference against required for pole class. Poles below minimum circumference shall be rejected, and so marked in the field and reported. Poles with 60% of original circumference or less will be designated a "Priority Pole" and reported to the City's designated contact daily. 4.2 Decay 4.21 If pole shell is greater than 4 inches for transmission poles or 3 inches for distribution poles, and no pockets of decay or heart rot are encountered,treat pole according to Section 5.3. 4.3 Shell Thickness ........... Acton................ Shell Transmission She'll Thickness Thickness [:Fa-nge-r---Notify City Less Than l,5" Less Than 2" Reject- ! of Cites„ 1.5°"1.5"-3" 2"-4" Treat Greater Than Greater Than 4" ................- 6.0 TREATMENT 5.1 General 5.1.1 All fully and partially excavated poles 5 years and older that are serviceable shall be treated in accordance with Sections 5.2 and 5.3. All non-excavated poles 5 years and older shall be treated in accordance with fumigant according to Section 5.3. 5.1.2 Do not treat poles where borings indicate a shell thickness less than, 4-inches for transmission poles or less than 3-inches for distribution poles. 5.2 External Groundfine Treatment 5.2.1 All poles that are fully excavated and serviceable are to be groundline treated with a preservative paste that shall be applied to the pole (a minimum of 1/16"thick)from 18" below groundline to 2" above groundline. The preservative paste composition shall be provided for City's approval prior to the start of work. 5.2,2 Materials will be applied at the maximum rate according to the product label. The City's intention is to select the preservative paste that combines efficacy with reduced risk to non-targeted organisms. Labels and MSDS must be made available for review. 52.3 Liberally treat all exposed pockets and checks using brush or trowel. Where obstructions occur such as fences,curbs,and walls,the preservative shall be applied in excessive amounts next to obstruction to insure complete coverage. 5.2.4 Wrapping of External Treatment: A polyethylene backed kraft paper moisture barrier is to be applied over the wood preservative. The moisture barrier shall cover preservative to a depth of 18" and extend 2"above the top of treatment zone, for a total of 22". It shall be of sufficient length to go around the pole with an overlap of approximately 4"and shall be stapled to the pole at the top and side seams of the CON-2017-12 Page 12 Rev. 11/28/16 barrier. The thickness of the moisture barrier should be a minimum of 4 mils. A wrap containing the wood preservative(such as CobraTM Wrap)is acceptable. If necessary, the paper would be cut to fit the size of the treated part of the pole. 53 Wood Preservatives 53.1 Either of the following preservatives may be used according to manufacturer's directions. 5,12 CobraT11 Rod, or a City approved alternative, shalli be applied as prescribed below: 5.3.2.1 Application using rods Pole Circumference in inches Number of Holes Drilled 25"to 33" 2 holes spaced 90 degrees apart and 6"to 8"higher than the previously bored hole. 34"to 49" 3 holes rotated 120 degrees apart and 6"to 8"higher than the previously bored hole Over 49" 4 holes rotated 90 degrees apart and 6"to 8" higher than the previously bored hole. 5.322 Bore 3/4"(or as stated by manufacturer)slanting holes to a minimum of 10"depth. 5.3.2,3 Using impermeable gloves, insert(See Brochure for rates of application)into each hole. 5.3.2.4 Plug holes using 13/16' (or as stated by manufacturer) diameter plastic or treated wooden plugs. 5.3.3 Internal fumigant treatment chemicals may be one of the following, or City approved alternative: 5.13.1 MITC Fume, 97% Methylisothiocyanate and 3% inert ingredients. Provide in pre- measured aluminum vials. 53,12 Super Fume; 98%Tetrahydro 3,5 dimethyl-21-1 1,3,5 thiadiazine-2-thione, and 2% inert 5.3.13 DuraFume is considered equal to Super Fume, 5.3.3.4 Install Copper Naphthenate activator liquid installed under pressure in the access holes. 53.15 Poles containing decay pockets of 1/2" or larger shall be treated by pumping the preservative into the cavity through a series of 1/2" diameter holes. The solution will be applied per manufacturer's instructions beginning with the lowest hole, pump the preservative into the cavity until the material flows out of the next highest hole. This hole is then plugged and additional preservative is pumped into the cavity until the cavity is filled or a maximum of one gallon is used. Sufficient holes Will be bored and preservative used to assure coverage of decayed area. All holes will be plugged with a 9/16" treated plugs or wood doweis. If wood destroying insects are encountered in the pole, sound the pole to locate top of the insect gallery and drill enough holes to thoroughly treat wood and flood the galleries. 6.0 RESTORATION OF WORK SITE 6.1 Backfilling After excavation and/or treatment, all poles will be solidly back-filled. The first half of excavation will be back-filied and tamped completely around the pole by walking on the replaced excavation; the second half back-filled and tamped completely around the pole. The excess earth should be banked up to a maximum of 3" above normal ground level to allow for settlement. in grass areas the sod shall be carefully placed around the pole. Rocks or stones should not be laid against the pole except where they serve to key the CON-2017-12 Page 13 Rev. 11/28/16 pole or where no other fill is available. Extreme care should be taken not to tear the moisture barrier while back-filling. 6.2 Clean-up No debris, loose dirt, etc., is to be left in the pole area. Private property turf, including that between curb and sidewalk, bushes, and plants, and shrubbery are to be replaced with care. If any preservative is released on the ground, it shall be immediately cleaned up. All containers shall be disposed of according to approved environmental practices. 7.0 POLE MARKING 7,11 Tagging 7.1.1 All inspected poles shall be marked with a weather proof tag identifying the work performed; Contractor and date shall be on the tag. The tagging scheme used by the Contractor must be approved by the City before inspections begin. 7.1.2 Tags shall be supplied by the Contractor and placed 5 to 6 feet above groundline on the roadside of the pole, below the utility pole identification marker. If inspecting or treating a pole that has previously been inspected or treated, attach the tag directly below the existing tag(s). 7.11.3 All poles shall be marked with identification numbers according to City standard OM-0-09, included in these specifications. Number holders shall be attached to poles with 2-inch Ring Shank nails. Numbers and holders will be provided by the City and installed by the Contractor. 8.0 DATA COLLECTION AND DELIVERABLES 8.1 Data Requirements 8.1 A City will provide Contractor with an Excel data file or on-line accessible data set containing current record of pole data, including pole attributes, pole condition, location, City's facilities, and joint-user and third party attachments. Contractor shall update the data and return the corrected file to the City's representative at project completion. 8.2 Archiving 8.2.1 Contractor will archive all pole condition and attribute data for 12 months after the year in which the work is performed. 9.0 CONTRACTOR INFORMATION 9.1 Information Required Documentation of Contractor's policies for conforming to EPA, OSHA, WISHA and DOT regulations must be included with the bid proposal. 9.2 Work Schedule Contractor must supply a schedule outlining the number of crews proposed to complete work along with start dates and completion dates. City Light Operations crews work 7:00 am to 3:30 pm, Monday through Friday. Engineering staff is available between 8:00 am and 5:00 pm. No support from City personnel is available outside of these hours, or on legal holidays. Contractor is to consider these time periods when planning his schedule. 10.0 INVOICING Contractor shall furnish City with data on a weekly basis. Billing will be itemized; including total number of poles inspected and installed pole identification marker range; and submitted on payment request forms provided in these documents. Payments will be made monthly by the City. CON-2017-12 Page 14 Rev. 11/28/16 City of Port Angeles ATTACHMENT "B" Engineering Office INSURANCE Public Works and Utilities Department INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration ofthe Contract, insurance against claims for injuries ho persons or damage to property which may arise from or in connection with the performance of the work hereunder bythe Contractor, their agents, representatives, employees orsubcontractors. 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 toany remedy available atlaw orinequity. 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 bewritten on Insurance Services Office (ISO) form CA 00 01 ora substitute form providing equivalent liability coverage. If necessary, the policy shall b�e endorsed to provide contractual liability coverage. 2. Commercial General Liabili insurance shall be written on ISO occurrence form CG UO Oland shall cover liability arising from premises, operations, independent contractors, prod ucts-momp|eted 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 ISD Additional Insured endorsement CG 30 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 nrsubstitute endorsements providing equivalent coverage. ]. Workers' coverage amrequired bythe Industrial Insurance laws nfthe State of Washington. Minimum Amounts ofInsurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$l,QOD,OOOper accident. 2. Commercial General Liability insurance shall bewritten with limits noless than $1,OO8,OUOeach occurrence, $2,Q0O,OOOgeneral aggregate and $2,000,OOOproducts-completed op�enatimnsaggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are tmcontain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, se|Ansunanoe, or CON-2017-12 Page 15 Rev. 11/28/2016 insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors,which determination shall be made in accordance with reasonable and prudent business practices, G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. CON-2017-12 Page 16 Rcv, 11/28/2016 City of Port Angeles Engineedoig Office ATTACHMENT "C" Pubfic Works arid utflities Departnent PERFORMANCE BOND RETAINAGE PERFORMANCE BOND to city or Pori Angeles, WA BondNo,­30QJ.( ,4_—5 -I , -1. _, __ _ The Oty of Pon Angeles'. Washington,has awarded to Mi-T'cch Services' Inc (Principal), a contract for tile construction of the prq.Jecf designated as 2017 PoleTesting Project No.CON-2017-12 in Port Angeles,Waihington, and said Principal is required to furnish a bond for perfortnance of all obligations under the Contract. Cunfinental C'asualty 'Fhe Principal,and cor p4py_ (Surety)i, a corporation,orgaruzA- under the laws of the State of IL and licensed to do business in the State of Washington as surely and earned in the current list of"Surety Comp,anies Acceptable in Federal Bonds"as published in the Federal Register by die Audit Staff Bureau of Accounts,U.S. "'treasury Dept.,are jointly and severally held and firrifly bound to the City in the sum of Fffly TiRmismdUS Dollars (S_.50'.0,0,V l'otal Contract Ainount,subject lo die provisions hereim 'This statwory performance bond shall become null and void, if and when the Principal, its heirs,executors, adininistrators,successors,or assigms shall well and faithfully perforin all ofthe Principal's obligations under the Contract and fulfill all flit;tentis and conditions of all duty authorized mmfifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;and if such performance obligations have not been fulfilled, this bond shall remain in fall force and effect. 'rhc Surety for value received agrees that no change,extension of time,alteration or addition to the terms of die Contract,the specifications accompanying the Contract,or to die work to be perfornied under the Contract shall in any way affect its obligation on this bond,awd waives notice ofany change,extension of time,alteration or addition to the terms of the Contract or the work performed.Ilie Surety agrees that modifications and changes to the terms and conditions of"the Contrast that increase the total aniount to be paid die Principal shall automatically increase die obligation(if the Surety on this bond and notice to Surety is not required for such increased obligation, "Chis bcind nuty be executed in two(2)original counterparts,and shall be signed by the off c parties'du y authorized Ior%. This bond will only beaccepted if tit is accompanied bya fully executed and originalpowerofintorticy for the officcr executing on behalf of"the surety, PRINOPAL MI Tech Services, Inc, S L�R E*r Y C ontinental CaSUalty Company .......... 6/13/17 ........... C'hristine Eitel Flrivatd Na"r ord N,aft, ktv ics.5_1�14 Attorney-,In-Fact ........... ........... T kk, Name,address,and i6ephone,of loca� agent(!rFSLrcty Company m C'onfinenlal Casualty Company lffab'L'kS­h']'kN' 11Ue­', Chic�'A' o TL 606011 J S. CON-20 17-12 Page 17' Rev, 11�28(2016 PAY MENT BOND to City of'Porl Angeles, WA Bond No, , Ilie City of Port Angeles,Washington,has awarded toMi-Tecis ServicesInc,(Principal),a contract for the construction of the project designated as 2017 Pole Testing Project No.CON-2017-12 in Port Angeles,Washington, and said Principal is required under the terms of that Contract to furnish a paymcnt bond in accord with Title 39.08 Revised Code tat"Arashington(RCW and(where applicable)60.28 RCW. (",ontinenta Ity Company Ilic Principal,and (Surciy),a corporawn,organi7ed under the laws of the State of licensed to do business iii the State ofWashington as surety and narned in the current list of"Surety Companies Acceimable in Federal Bonds"as published in ate Federai Register by the Audit Slaff'Bureau of Account%,U.S, Treasury Dept,are joindy and severally held and firnfly bound to the City of Port Angeles in the sunt of FiftyThousand US Dollars(S.$50,000 lTouil Contract Amount,subject to the provisions herein. '17his statutory payinent bond shall become null and void, if and when the Principal,its heirs,executors,administrators, successors,or assigns shall pay all persons in accordance with Titles 60.28,39.09,and 39.12 RCW iricluding all workers,laborers,mechanics,subcontractors,and materialmen,mid all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work,and all taxes incurred on said Contract under Tide 50 and 51 RCW and all taxes imposed on the Principal under Tide 82 RCW;and if such payinent Obligations have not been fulfilled,this,bond shafl remain in force and effect. The Surety for value received agrees LILit no change,exterision of time, alteration or addition to the teens of the Contract,the specificatiuns accompanying the Contract,or to the work to be performed under the Contract shall in any %vay afrect its obfigaiion on this bond,widwaives notice of any change,extension of time,aheration or addition to the terins oftlic Comract or the work performed. flic Surety agrees that modifications and changes to die terms and conditions offlie Contract that incre-a-se the wial arnount to be paid the Principal shall autornatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This boad may be execuled in tw,o i2 oiigind coanterpam;,and shall be signed by the parties'duly authorized officers. This Lxmd wifi only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of"the surety. Y Continenta asua ty ornpan Pi ' ccs Iny RNCHAl.-11 Mi-Tech Servi , c. SUR I C I C IQ 17 6/13117 (..hrisfine Eitel 44 Mard Sanv A tt u r I Wy-I n-Fac t Ta k f"ac, Name,address, and lelhone of k)cal offlice agcw of Surcty Company is: Continental CaSUaILV 'ornpany CON-2017-12 Page 18 Rev, 11�28/2016 STATE OF ILLINOIS COUNTY OF DuPage 1, Ann Marie Waters Notary Public of Cook Count, in the State of Illi nois-,, do hereby certify that Christine Eitel Attorney-in-Fact, of the Continental Casualty Company who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Continental Casualty Company or the used and purposes therein set forth. Given Linder my hand and notarial seal at my office in the City of Lisle in said County, this 13th day of June A.D_ 2017. (Notary Pubfic) Ann Marie Waters My Commission expires: 07/05/2017 Notary Seal: NOTA ^0""OWWWW" OFFOKWL I mN BRIE WAMRS RY K$OC-STATE OF RDNOIS My(OtOWSSON FXPRES 0?/P,51117 �, � � n�w �>, s "��,�^�r cm mw POWER OF ATFORNEYAPPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,"chat Continental Casualty Cornparry,an Illinois insurance company,National Fire insurance Company of Hartford,art Illinois insurance coonpany,and American Casualty Companyof'Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are(July organizcdand existing insurance companies having their principal offices in the City ol'Chicago,and State ol'Uhnois, and that they do by virtue of the signatures andseals herein affixed hereby make,constitute and appoint William P Wleible, Harriet R Reilly, William Cahill, Kimberly Sawicki, Karen A Ryan, Kimberly R Holmes, Deborah A Campbell,Leigh Ann Francis,Ann Marie Waters,Christine Eitel, Richard A Frewbourn Jr,Individually off-isle,H,,their true and lawful Attorney(s)-i it-Fact with full power and authority hereby conferred to sign, seal and CXCCUtC for and on their behalf. bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind thern thereby as fully arid to the sarne extent as it'such instruments were signed by a duly authorized officer of their insurance companies and all the acts of`said Attorney,purser ant to the authority hereby given is hereby ratified and confirrited, This Power of A"orney is made and executed pursuant to and by authority of the By-Law and Revolutions,printed on the reverse hereof,duly adopted,nus indicated,by the Boards ot'Dircetors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to he hereto affixed on this 16th day of Nlay,2017. oAms 4 40 Continental Casualty Company National Fire Insurance("'ornpany of Hartford C,0W0AATe "Otm AniericanCas ItyCornpanyot'Re, 04% 'ading Pennsylvania )true 31, Paul T. Ilruflat Vice President State of South Dakota,County ofMinnebaha,ss: On this I(Ahday of Nlay, 2017,before niepersonally carnePaul 1'. Brifflat Lc)nie known,who,being by me duly sworn,diddejN.)se arid say: that fie resides in the City of Sioux Falls,State of South Dakota;that lie is a Vice President of Continental Casualty Company,an Illinois insurance company, National fire Insurance C,onipany of Hartford,an Illinois insurance company,and American Casualty Company of'Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrurnent; that he knows the seals of said insurance comparnes, that the, seals affixed to the said instrument are such corporate seals-,that they were so)affixed pursuant to authority given by the Boards ofDirectors ofsaid insurance companies and that he signed his naine thereto pursuant to like authority,and acknowledges same to be the act and deed ofsaid insurance companies, ro�xrw.W ram SCA UMTH My Commission f`xpires June,23,2021 J. motir Notary Public CERTIFICATE 1,D.Johnson,Assistwil Secretary of Continental Casualty Company,an Illinois,insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company,acrd Arnerican Casuahy Company oi'Readingw,Pennsylvania,as Pennsylvania insurance company do hereby certifythat the Power ofAttowney herein above set forth is still in force,and further certify that the By-Law and Resolution ofthe Board ot"Directors ofthe insurance companies printed on the revers hereof is still in fora 4 In testimony whereof I have ;' ni he nti)subscribed my narne arid affixed the seal of the said insurance companies this (lay of —jull,el __— ----- �-ff—- 04SUot Continental Casualty Company National Fire Insurance Company of Hartford COPPOAAror 14W rtrto American Casualty Company of'Reading, Pennsylvania Is SEAL log? D.johnson -,--.-..ary Form F6853-4/2012 Authorizing By-Laws and Resolutions ADOP`FED BY THE BOARD OF DIRECTORS OF CONTINENTAI,CASUALTY COMPANY: This Power of Attorney is made and executed pursuant round by authority of the following,resolution duly adopted by the Board of Directors of the Company at a rneeti ng held on May 12, 15x95: "RESOLVED: 'rhatany Senior or Group Vice President may authorize an officer to sign speeffic olocurnents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreernents or instruments that Such officer may sign will be provided in wrifing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective,*' This Power of Attorney is signed by Paul T, Bruflat, Vice Presidern, %vho has been authorized puomwnr to the ahme resolution to execute f000wer of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsignile under and by the authority of the following Resolution adopted by the Board of Directors of the; Company by unanimous written consent(fated 0-te 25""day of April.2012: "Whereas, the bylaws of the Company or specific resoharon of the Board of Directors has authorized various officer,; (the "Authorized Officers") to execute various Policies,bonds,undertakings and other obligalory instruments of like nature;and Whereas, front tirive to time,the signature of the"AUthorized Officers, in addition to being provided in originfl,hard copy format, may be provided via facsimile or totherwise in an electronic formal(collectively,"Electronic Signatures­) Now therefore be it resMvcd: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company.- ADOPTED BYTHE BOARD OF DIRE(,'TOPS OF NATIONAL FIRE'INSURANCF COMPANY OF HARTFORD: This flower of Attorney is made and executed pursuant to and by authority ofthe following rcsolurk)n duty adopted by the Board of Directors of the Company by Unaturnous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize ata officer to sign specific documents,,agreements and instruments on btlialf"of the Company provided that the name:Of SUCh authorized officerand a description of the documents,agreements or instruments that Stich officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power ol'Attorney is signed by Paul 1'. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance C I ornparty Of Hartford, This Power of Attorney is signed and sealed by facsimile under and by the authority of the fcollo%ving Resolution adropred by the Board ot'Direciors rel''the Corripa"y by unanimous written consent dated the 25"'day of'April,2012: "Whereas, the bykovs of the('I ornpany Or specific resolution of the Board of Directors has authorized various officers 8tK- "Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instrunrents of like nalure-,and Whereas, from firne to time,the signature ofthe Authorized Officers, in addition to being provided in original, hard copy format, rnay be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures"); Now therefore be it resolve& that the I"Iectronic Signature of any Authorized Officer sharp he valid and binding on the Company.- ADOPTE'D BY THE BOARD OF DIRF'CTORS OF AMERICAN CASUALTY COMPANY Of`READING,PENNSYLVANIA: This Power of Attorney is rnade and ex0CU1ed J)Ursuant to and by authority ofthe following resolution duly adopted by the Board of Directors sof the Company by unanimous written consent(fated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on frehalf'of. Chet Company provided that the name of such awhofized officerand a description ofthe documents,agreenients(,or instrurnents that such officer nray sign will be provided irt waiting by the.Senior or Gaoup Vice president to the.Secretary of the Company prior to Such execution becoming effective." This power of Attorney is smgned by Paul 1'. Bruft, Vice President, who) has bean authorized pursuant to the above resolution to execute powerof attorneys on behalf of American Casualty Company of Readings,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the follovsing Resolution adopted by the Board ot'Directors ofthe Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company Or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various p(dicies,bonds,undertakings and other obligatory instruments of like nature,and Whereas, front time to time,than signature of the Authorized Officers, in addition to being provided in oright4 hard copy format, may be provided via facsimile Or otherwise in an electronic format(collectively,-Electronic Signatures"); Now therefore be it resolvc& that the Electronic Signature of any Authorized Officer shall be valid and Finding on the Company.-