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HomeMy WebLinkAbout001253 Original Contract The City of Port Angeles PORI{:% City of Port Angeles Record # 001253 ,•w.'<. Sti_�► Public Works R Utilities Dept. Engineering Office r 321 E. Fifth Street SIIALL NVORKS ROSTER Port Angeles WA 98362 ❑ Request for Bid ® Contract Contract Title: 2017 Landfill Beach Nourishment Project Number: CON-2017-21 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ("City") AND C &J Excavating. 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: ® All work under this Contract is to be completed 45 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work). ❑ The performance period under this Contract commences_calendar days after notice to proceed and ends (xx days thereafter or after contract award). 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): ❑ Force Account-Time and material, not to exceed: $ ❑ Force Account-Time and actual expenses incurred, not to exceed: $ ❑ Force Account- Unit prices set forth in the Contractor's bid or quote, not to exceed: $ ® Firm Fixed Price set forth in Contractor bid or quote in the amount of: $ 53,758.27 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. Project CON-2017-21 Page 1 Rev. 11/28/2016 E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents. 4. RESPONSIBILITY OF CONTRACTOR A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Warranty. Contractor shall be responsible for correcting all defects in workmanship and/or materials discovered within one year after acceptance of this work. After correcting defect, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after the City accepts the corrections. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. C. Damages. Contractor shall be liable for any costs, losses, expenses, or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection, and supervision by the City. The Contractor shall hold the City harmless from any and all claims that may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. When materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections. D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause. E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of those employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment A and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of any one or more of the events hereafter specified. Project CON-2017-21 Page 2 Rc%. 11 28 2016 1. The Contractor makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Contractor. 3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein. 4. Contractor 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. Project CON-2017-21 Page 3 Rev. 11 28 2016 11. INSURANCE, BONDS, & RETAINAGE A. The Contractor shall maintain insurance as set forth in Attachment B. B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds and retainage will apply in accordance with Washington State law. A retainage of 5% will then be applicable to this contract. The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal Form, Performance and Payment Bond form, and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works &Utilities (Telephone 360-417-4541). Performance Bond and Retainage forms are provided in Attachment C. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bonds shall be on the form provided by the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bonds as the person authorized to execute it (them). 12. PREVAILING WAGE 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 Contractor or a failure to include in Contractor'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. This public works project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen and Apprentices can be found at: https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx https://fortress.wa.gov/Ini/wagelookup/ApprenticeWageLookup.aspx The bid due date shall determine the applicable wage rate to be used for this Contract. A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and Utilities Contracts Office. In addition, the City will mail a hard copy of the applicable wage rates upon request. For a contract award under $2,500, and in accordance with RCW 39.12.040(2), the Contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages &Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department. In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute. 13. INTERPRETATION AND VENUE This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. 14. BRANDS OR EQUAL When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. Project CON-2017-21 Page 4 Rev. 11/28/2016 15. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT/MODIFICATION This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: - At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; - Have a current state unified business identifier number; - If applicable, have: 1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; 2) An employment security department number as required in Tile 50 RCW; and 3) A state excise tax registration number as required in Tile 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCW; 5) An elevator contract license, if required by Chapter 70.87 RCW. - Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 20. COMPENSATION AND METHOD OF PAYMENT. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. Project CON-2017-21 Page 5 Rev. 11'28,2016 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) or Construction Change Order (CCO) process as set forth in the Contract Documents. Following approval of the RFI or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in Attachment D to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and Acceptance located in Attachment D. IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the last signature affixed below. C&7 EXCAVATING, INC. CITY OF PORT ANGELES By: By: Printed Name: C-w-r4 Printed Name:lM()�aPf� Title: Qht�S c G ia-A� Title: Date: L &6 l -7 Date: -7/2 /0 Address: 1 ' �' X7 ) X T City: CoA--c> 66roi APPROVED AS TO FORM: r Tax ID #: BY: 7! / �-' / CITY A ORNEY Phone Number:'3(aini — t¢d ,3'���f ATTEST: BY: dTY C RK Project CON-2017-21 Page 6 Rcv. 11/28!2016 City of Port Angeles ATTACHMENT "A" Engineering Office Public Works and Utilities Department WORK BY CONTRACTOR The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work. General Scope: This project consists of replenishment of beach nourishment material waterward of the landfill revetment wall and removal of trash from the intertidal area east of the landfill revetment wall. Location: Port Angeles Landfill 3501 West 181�' Street Port Angeles, Washington 98363 Site Point of Contact: Jeremy Pozernick at 360-417-4807. Work Hours and Schedule The Contractor will be allowed to work from 6:00 AM to 10:00 PM, Monday through Eriday. However, if the tides prevent work inside of these hours, the contractor may request other hours and the Project Engineer will assist in obtaining a noise variance from Community and Economic Development Department. The Contractor shall compile and present a work schedule at the projects preconstruction meeting, taking into account the HPA requirement to not conduct project activities when the work area is inundated by tidal waters. Permits: The following listed permits are part of this contract (Attachments E3 and E4): WDFW Hydraulic Permit (2015-6-445+01) (HPA) U.S. Army Corp. of Engineers Permit NWS-2012-1108, (ACOE) Work Requirements: 1.0 Project Description As part of a recurring condition of the Shoreline Conditional Use Permit (SMA 05-02) and the Hydraulic Project Approval (2015-6-455+01) for construction of the landfill seawall, the City is required to place beach nourishment material in front of the 454-foot long seawall. This involves placement of 2600 cubic yards (4030 tons) of clean beach nourishment sediments waterward of the seawall. Beach nourishment material is stockpiled on the landfill site, placement of beach nourishment material will be accomplished by haul trucks and bulldozers working on the existing toe armor. All conditions of the HPA and ACOE permits shall be complied with, inducing but not limited to: All work waterward of the seawall shall take place during low tide, remove all trash in the project area, and remove any rip-rap (including quarry spalls) scattered or abandoned outside the original design footprint of the seawall and working bench. 2.0 Standard Specifications This contract incorporates Division 1 of the Washington State Department of Transportation's 2016 Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City ofPortAngeles Urban Services Standards and Guidelines(current edition). Project CON-2017-21 Pale 7 Re%. 11 28 16 2.1 Special Provisions Division 2 Earthwork 2-02 Removal of Structures and Obstructions 2-02.1 Description Section 2-02.1 is supplemented with the following: Trash shall also be removed from the project area, including concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, floating debris, and paper. 2-02.4 Vacant 2-02.4 Measurement Section 2-02.4 is replaced with the following: Removal of Trash shall be measured per ton removed. The disposal location is marked on Sheet C-1, the Owner will be responsible for the dumping fees at the Port Angeles Regional Transfer Station. Trash material weight shall be measured at the Port Angeles Regional Transfer Station Scales Building (location on Sheet C-1), a copy of all weight tickets must be submitted to the Engineer. 2-02.5 Payment Paragraph two of Section 2-02.5 is deleted in its entirety. Section 2.02.5 is supplemented with the following: Payment shall be made for the following Bid item that is included in the proposal: "Removal of Trash Material Incl. Haul", per ton The Unit Contract Price for removal of trash material shall be full compensationfor the removal, haul, and reshaping of beach depression created during removal activity,the Contractor shall use beach nourishment material to reshape beach depressions. Division 4 Bases 4-03 Vacant Section 4-03 is replaced with the following: 4-03 Beach Nourishment 4-03.1 Description This work consists of placing beach nourishment materials on the existing toe armor in front of the seawall in accordance with these specifications, in the conformity within the lines and dimensions shown in the Plans or established by the Engineer. The Contractor shall remove all vegetation from the work corridor prior to placing the beach nourishment on the beach. 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No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or Project CON-2017-21 Page 10 Rr\. 11'28'16 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. Project CON-2017-21 Page 11 Rc%. 1l'2s 16 1 of 2 originals City of Port Angeles ATTACHMENT "C" Engineering Office Public Works and Utilities Department PERFORMANCE BOND RETAINAGE PERFORMANCE BOND to City of Port Angeles, WA Bond No. 106 750 323 The City of Port Angeles, Washington,has awarded to C & J Excavating, Inc. (principal),a contract for the construction of the project designated as 2017 Landfill Beach Nourishment Project No.CON-2017.21,in Port Angeles, Washington,and said Principal is required to furnish a bond for performance of all obligations under the Contract. Travelers Casualty and Surety Company The Principal,and of America (Surety),a corporation,organized under the laws of the State of CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept.,are jointly and severally held and firmly bound to the City of Port Angeles in the sum of Fifty three thousand severs hundred fiftyUS Dollars($ 53,758.27 )Total Contract Amount,subject to the provisions herein. eight and -7/1". This statutory performance bond shall become null and void,if and when the Principal,its heirs,executors. administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,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 full force and effect. The Surety for value received agrees that no change,extension of time, alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized officers. This bond will 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. PRINCIPAL C & J Excavating, Inc. SURETY Travelers Casualty and Surety I Company of America By; 7/19/17 By 7/19/17 Principal Si Date Surety Signature Date IL ALM L. SLAV.-a'Ater Chris A. Fix Printed Printed Name ���5'l.0 g Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: c/o CB & MS of WA, INC. PO Box 75715 Seattle,—WA 98175 206-361-9693 Project CON-2017-21 Page 12 Rev. 11/28/16 PAYMENT BOND to City of Port Angeles,WA Bond No. 106 750 323 The City of Port Angeles, Washington,has awarded to C & J Excavating, 'rrMnricipal),a contract for the construction of the project designated as 2017 Landfill Beach Nourishment,Project No.CON-2017-21, in Port Angeles, Washington, and said Principal is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW)and(where applicable)60.28 RCW. Travelers Casualty and Surety Ccalpany The Principal,and of America (Surety),a corporation, organized under the laws of the State of CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. T Sasii�y Pep[- are jointly and severally held and firmly bound to the City of Port Angeles in the sum of Fifty three thousand seven huh re i eight and 27,/100ths US Dollars(S 53,758.27 )Total Contract Amount,subject to the provisions herein. This statutory payment 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 60.28,39.08,and 39.12 RCW including all workers, laborers,mechanics,subcontractors,and materialmen,and 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 Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW;and if such payment obligations have not been fulfilled,this bond shall remain in force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized officers. This bond will 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. PRItiCIPAL C & J Excavazi g, Inc. SURETY Travelers Casualty and Surety Company of America By: 7/19/17 By 7/19/17 Principal SigRkurc ( t Daze Surety Sipature Date rb " �, �_L�1tiQoC� r Chris A. Fix Printed NamO Printed Name ?V—e--,iAerJ— Attorney—in—Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: c/o CB & MS of WA, INC, PO Box 75715 Seattle WA 98175 206-361-9693 Project CON-2017-21 Page 13 Rev. 11/28/16 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A► POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 221140 Certificate No. 007024261 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 Christine V.Felicetty,N.B.Fix,R.A.Fix,Myung S.Fix,and Chris A.Fix 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 named above.to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. I IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 25th day of October 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 r GhSU,�j� $,�,'�y�' U= FIFE 6� f O 4K.�NSG,D Jpt 4NSYq' �J��tY AyOq C!'p SLRfYy �dYY'Y� 4 .CO Tf.s . POA.�T K J S• D jr! .�a- c MRaatF1DRD, ;, YjO< SSE AL ie it SEAL iaJ ; COW �o �Q.`'4F[cf'N�a � tit s ys�•r^ �y'�,,......-'arf o'•-.., -a° � jj\ State of Connecticut By: City of Hartford ss. Robert L.Raney.Senior Vice President On this the 25th day of October2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc..St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he.as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T", In Witness Whereof,I hereunto set my hand and official seal. �� � C . y My Commission expires the 30th day of June,2021. it 'Ot*0CJ t %larie C.Teireault.Notary Public . 'tilVEO'('�'$ 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT R WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc..St. Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance ' Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED.that the Chairman,the President,any Vice Chairman.any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond.recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-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 nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters.Inc..St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and 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. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this 19th day of J111Y _20 17. ( � 'k koAv**a�r"� larQ�cepFGMa)f tF�R7,i'L MAATfORD. c ice: of a 1896 �`SE AL,io"7 � SS1LL::s� Wim:. o rArx f r„� �M �d t� �"..�. a� o.... •,:'as � pr Z++�,....-�:,.� �'f�ar�� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. I I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ESCROW AGREEMENT for RETAINED PERCENTAGE 2017 Landfill Beach Nourishment Escroxr No.: Cit% of Pott Angeles Contr;: Completion Date: 10 7. The Contractor agrees to compensate you for your services in accordance with your current published schedule of applicable escrow fees. Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any monies placed with you pursuant to this agreement until and unless the City directs the release to the Contractor o the investments and monies THIS ESCROXN AGRI-F1.1l 1 is!-or the investment of the retained held hereunder.whereupon you'i;ai'.be entitled to reimburse percentage of the abc%e:ont- t.at accordance with chapter 60.28 of yourself from such monies for the entre amount of your fee. the Revised Code of N Main_.n It is limited to FDIC insured 8. This agreement shall not be binding ur::',i ntd by both parties Washington State Chartered Banks who are covered by the State of and accepted by you Washington Public Deposit Protection Act. 9. This document contains the enn-e r, , ou,the Contractor,and the Cax x�rth <r•at: E,c;,ti end%nu are The undersigned, (as"Contractor").has not a party to,nor bou ''^ a., ra t directed the CITY OF PORT ANGELES(as"City").to deliver to you its than this. You shall not he reau:red to take r„o::� r`::n .i.:.:u::or warrants which shall be payable to you and/or the contractor. The any other matter,nor be bound b_nor reyu-c,i:o wan-ants are to be held and disposed of by you in accordance with the demand,nor required to take any action%th._t:% r"kept as he::,n following instruction: expressly provided. You shall not be liable 0 :,. loss or damage not caused by your own negligence or will:',-!m.aconduct. INSTRUCTIONS CONTRACTOR 1. Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection. You shall use the monies to Federal Tax I.D.No. purchase investments selected by the Contractor and approved by the Citv. You may follow the last written direction received by By: you from the Contractor,for each purchase,provided the Title: direction otherwise conforms with this agreement. Acceptable investments are: A. Bills,certificates,notes or bonds of the United Address. States; B. Other obligations of the United States or its agencies; DATE: C. Obligations of any corporation wholly owned by the Government of the United States; CITY OF PORT ANGELES D. Indebtedness of the Federal National Mortgage \ j Association; ��1 By: E. Time deposits in commercial banks; F. Other investments,except stocks,selected by the Title: Contractor,subject to express prior written consent of the City. DATE: 2. The investments shall be in a limn„h,ch allows you alone to reconvert them into money if you are r„luired to do so by the THE ABOVE ESCROW AGREEMENT RECEIVED AND City. ACCEPTED on the_day of 20_ 3. The im estments must mature on or prior to the date set for the cUncal.:onof the contr-,,::. ,ytensionthere oforthirty BANK (30)daN:following the tlnal acce;�tance of the work. 4. When int:rest on the in\stmenL,i,.rues and is paid.you shall By: collect tl-.tr._,�-s:a:.,i bmsard it t:: Contracto-..r,,s othenNi c :retied b\t}::Contractor Title: S. You are ro;azt.orized to deliver to f.'.c Contractor.: part of the:::% held ,, sou pur..,arn:o�fis; :nt or any Address: non:a th; ale of such o n negotiation of the Cin �karranls t eyccpt m.tc,or iancc ith the written instructions from theCity C nnhlr,:oc_,�rh such _stnutons shall rehrve you of am i,,rthcr;iahilits related thereto. DIS 181111 110N 6 In the e%.n1 the Cite orders you,in vsnting_to rccory crt the (-:t\ Clctk Contractor IM estTl— z:ic'.retym all monies,you shall do so mthin thirty Financial ln,utution File Copy (30)days of rar;�ipt of the order. Project CON-2017-21 Page 14 Rev. 11/28/16 City of Port Angeles ATTACHMENT "D" Engineering Office Public Works and Utilities Department FORMS REQUEST FOR INFORMATION (RFI) FORM PROJECT NAME: PROJECT;CONTR%C'1 \t ORIGINATOR: 00%vner ❑Contractor ITEM: REFERENCE DRA\k i\G OR SPECIFICATION: DESCRIPTION OF CLARIFICATION/REQUEST: DATE REPLY REQUESTED: CRITICAL TO SCHEDULE: ❑YES ❑NO ORIGINATOR SIGNATURE: DATE: COMMENTS: RFI Number: Project CON-2017-21 Page 15 Rev. 11/28/16 T, , City of Port Angeles / Public Works Department '�` 321 East 5th Street/Port Angeles, WA 98362 Sry r;.> Contract No.&Title Project Manager: Date (hange Prime: Pre pared Order\o. Change Title: Change Scope/Justification: CONTRACT AMOUNT Original Contract Original Substantial Completion Previous Change Orders Pre%ious Time Extension by Change Order(days)* This Change Order Amount(including Suspension of Work(daN s) applicable taxes New Contract Amount Change Order#1 Time Extension(days) New Substantial Completion Project CON-2017-21 Page 16 Rev. 11/28/16 CONTRACTOR'S APPLICATION FOR PAYMENT Page 1 of 2 i PROJECT NAME: PROJECT NUMBER. TO: City of Port Angeles DATE: Public Works&Utilities Department 321 E 5"Street Port Angeles,WA 98362 FROM: PAYMENT REQUEST NO. PERIOD From: to[end of period]: STATEMENT OF CONTRACT ACCOUNT 1 Original Contract Amount(Excluding Sales Tax) 2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) S 3 .Adjusted Contract Amount [Line 1— line 2] S 4 1 Total Retainage to be Withheld 15%of Line 31 S 5 Value of Work Completed to Date (per attached breakdoNNn) S 6 Material Stored on Site(per attached breakdown and material receipts) ti 7 Subtotal [Line 5+Line 6] S 8 8.4%Sales Tax[at 8.4%of Line 71,As Applicable S 9 Retainage for Work Completed to Date[5%of Linc 71 S I n Subtotal [Line 7--Line 8-Linc 9] S I 1 Previous Retainage Withheld(Line 9 from pre),ious paN ment application) S 1' Total Previously Paid(Line 10 from preN ious payment application) S 13 RETAINAGE TO BE WITHHELD FOR THIS PAYMENT(Line 9—Line 111 S 14 AMOUNT TO BE RELEASED TO CONTRACTOR 11-ine 10- Linel2l S WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract(and all authorized changes)between the Applicant and the City of Port Angeles, relating to the above referenced project. and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the contract documents. Continued on Page 2 Project CON-2017-21 Page 17 Rev. 11/28/16 0 R,4"�kN CONTRACTOR'S APPLICATION FOR PAYMENT i ►—� Page 2 of 2 I also certifi that all lower-tier payments. less applicable retention,have been made by the Applicant for the periods covered by previous payment(s)received by the Applicant to(1)all lower-tier subcontractors/suppliers. and (2) for all materials,equipment and labor used or in connection with the performance of this contract. I further certify that 1 have complied with all federal.state and local tax laws. including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws. insofar as applicable to the performance of this work,and have paid all such taxes,premiums and/or assessments arising out of the performance of the work. I further certify that,to the best of my knowledge, information and belief,all work for which previous payment(s) have been received shall be free and clear of liens,claims, security interests and encumbrances in favor of the Contractor,subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven(7)days of receipt of the payment requested herein,all payments, less applicable retention,w i II be made through the period covered by this pay request to all my lower-tier subcontractors/suppliers and for all materials,equipment,labor,taxes and assessments arising out of the performance of all said lower-tire work. DATED: CONTRACTOR: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of —.20 Notary Public in and for the State of residing at M% appointment expires APPROVAL: Project Manager Date City Engineer Date Project CON-2017-21 Page 18 Ro. 11'28%16 91 s t t 6 l aged l Z-L l OZ-NOD 10afoad :31114 :IVIJId30 a3ZI'dOH.Uly :SS32100V 'Pea1u0D sigl uo buwpuelslno suail aaglo Aue ao luawdmba 'sleualew '>laom aoj suoilebilgo pledun Ile 6uuanoD puoq e 6ulpinoad 'g11Maaaq 'si ao healuo:) sial to lno buisue suall Ile pue /pue woad 'uol6ulgseM 'sala6uy land 40 AID aql sasealaa Agaaaq 'aohealuo:) '- .palsanbai .palsanbai Allnlpadsaa Agaaaq sl 'sabeluaaaad pauielaa buipnlaul 'luawAed leuU pue aauelda»e llaunoO A40 'pealuoa slgl aapun pagsivanl leualew pue pawaolaad �aom aol sala6uy land 40/,110 aql woaj aw anp saiuow aql Ile bu!mogs luawalels laaaaon pue anal e si anoge umogs lunowe alewilsa leuy aql legl Ailiaa aaglanj I •spaonaa ino glint luawaaa6e ui si pue pannainaa uaaq seq 'saxel algealldde Aue 6uipnpui ' S to lunowe aql ui alewllsa leuy aqi •olaaagl bullelaa ao ulaaagl papnpuw uoisinoad/queaaem aql pue uolhadsuw leull aql pue sluawnaop pealuoa aql glinn aauepao»e ui palaldwoa uaaq sey ha[oad paauaaalaa anoge aql uo NaoM Ily ON 1D3COdd :1J310'dd 3:)NVld3:):)V aNV NOI131dWO7 XHOM :10 NOILVOUIl1130 City of Port Angeles ATTACHMENT "E" Engineering Office DRAWINGS AND PERMITS Public Works and Utilities Department E1. SITE MAP AND PHOTOS E2. CONTRACT DRAWINGS E.3 WDFW Hydraulic Permit(2015-6-445+01) (HPA) E.4 U.S. Army Corp. of Engineers Permit NWS-2012-1108, (ACOE) Project CO'N-2017-21 Page 20 1zo. 11 28 16 ATTACHMENT "E-1" SITE PLANS Project CON-2017-21 Page 21 Ro, 11 28 16 3 • PROJECT LOCATION POW POW r r r FigurePhoto: 21, 2016 11:07 AM • Y 1 AL k ► -�}P, al"� .�� :��.«w+����' �?'�� �`�! ' '�� �•+��� '�� ��I�M �1M��1111wY�I11�N1�� r s ' • CON-2017-21 Page 22 Rev. 11/28/16 Fi r 3: Lo long revetment wall: May 3 2017 11:50 AM tide at 4.0 MLLW Figure 4: Looking east along revetment wall: May 3 2017 11:45 AM tide at 4.0 MLLW a Project CON-2017-21 Page 23 Rev. 11/28/16 Figure 5: West Wing 1 1 AM tide at 4.0 MLLW •ur Win• 1 / AM tide1 MLLW x r w 4 4 Project • ATTACHMENT "E-2" CONTRACT DRAWINGS Project CON-2017-21 Page 25 Rev. 11 28'16 I I 133HS 31111 S�lIOH 8Y 771;J S3739NY 1Wd ,Ul,7 r V�OpoFpp $zzi O¢W >J` p>0 0 U) d 'a gog 946YWW ¢p, =Z 0Om 0 2l U um3v ap �< -> _ <�¢ ; ^�. 00 25 Z UU(�S¢S �pN4 < a q q 220p 9 VEY ¢<<<«<¢ H V p v p� ¢ 2 <~r w J¢NZ < 3 R �yu WJ J ¢LL¢= a way'�N N V m Z Ug <pO<6_ 3 O S� m� <¢_ < qy SnC$<� �J mOULLWZ¢ 71' ¢ m NOO F mY/�I WZ W W Q N yV a 19 z<O O 2 W m N2 8 g N y <~yZ O ¢N Z Nw<OQ JOw2 w p S a 3P G O O W_' O N�O¢ pp f< (off Ct•-Z- GO(((WJ� 7Z (N7 Z3 �aO LL~--{{ p<pp �000ppp a<a4=W p2 Vy� V W N<z W Z.y p ¢O Z U W H R Z F v g2NO <WW� Z9 W �- 7ymj W-rn N��, 2�. 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W �si$a �i ��c :a�<c U Z > 3 W � ? 4 Z<y_ f N^y va- � _O «� U K � U) O U H Z W 75 7 C) O Z 2 U Q w m J Q U ATTACHMENT "E-3" HPA i I I I 4 Project CON-2017-21 Page 30 Rev. 11/28/16 Washington Department of Fish 8 Wildlife b� HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 (360)902-2200 Issued Date: July 21, 2015 Permit Number: 2015-6-445+01 Project End Date: July 20, 2020 FPA/Public Notice Number: N/A Application ID: 4559 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Port Angeles ATTENTION: Kathryn Neal 321 East Fifth Street Port Angeles, WA 98362 Project Name: Port Angeles Landfill Cell Stabilization Page 1 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 RSH„ WROL E Olympia,WA 98504-3234 (360)902-2200 Issued Date: July 21,2015 Permit Number: 2015-6-445+01 Project End Date: July 20,2020 FPA/Public Notice Number: N/A Application ID: 4559 Project Description: The Port Angeles Landfill Stabilization project relocates municipal solid waste from an unlined cell of the closed 304 Landfill that adjoins eroding bluffs on the Strait of Juan de Fuca.The project is needed because bluff erosion threatens to cause an uncontrolled release of landfilled refuse into marine waters.The project removes up to 400,000 CY of refuse from the 304 East Cell and 304 Valley Cell, and places the removed refuse in the 351 Landfill located further inland to the south. Refuse removal began in 2014 and is continuing in 2015. The terrace under the relocated refuse will be about 61 to 82 feet above the beach (lower than the adjoining 120 foot bluffs), and will be reforested with native vegetation.The project includes several shoreline elements that require authorization by an HPA. Those elements are listed below: 1. Seawall End Protection Reinforcement. Modifications to the existing seawall that protects the 304 West Cell, including reconfiguring the existing rock riprap wing walls at the seawall ends with larger and heavier rock. This additional reinforcement will also rely on short (about 30 foot long)bulkheads perpendicular to each corner of the seawall directed into the bluff. The perpendicular bulkheads will buttress the heavier riprap configuration and provide secure protection against wave scouring around the ends and behind the seawall. 2. Dry Creek Access Road Modifications. Moving the existing access road further away from the stream bank,and regrading a steep bluff immediately adjacent to the east.A buried wood crib structure will be constructed to protect the road and west seawall wing wall from future erosion, and the slope will be revegetated with native plants. 3. Dry Creek Habitat Improvements.After the road is moved,the existing riprap on the stream bank will be removed except at the location of a storm drain outfall, and large woody debris structures will be placed along the stream bank. Within Dry Creek,two rock and wood apex structures(log jams)will be placed to enhance stream habitat and to inhibit migration of the stream thalweg eastward toward the 304 West Cell. The wood structures, habitat logs, and riprap will be planted with shrubs and grasses,and will have brush bundles and live stakes incorporated to encourage plant growth. 4. Beach Nourishment. Beach nourishment at the seawall is required. Based on observation of past placement,the program described in HPA 126826-1 is proposed to be modified. The modified beach nourishment program includes annual placement of 2600 cubic yards of clean material consistent with the native feeder bluff material, Material will be placed immediately in front of the seawall with heavy construction equipment. Additionally, minor maintenance of the seawall for such actions as restacking existing rock that may be displaced from wave action are expected to occur simultaneously with future beach nourishment events,to minimize impacts. 5. Groundwater Monitoring Well Decommissioning. Decommissioning of groundwater monitoring well 3(MW-3), which is located on the beach east of the seawall, and shows signs of damage. MW-1 and MW-2 were located on the beach in front of the seawall and were replaced by MW-9, MW-10, and MW-11, (located behind the seawall)in 2007. The wells are needed to monitor groundwater down-gradient from the landfill. MW-3 will be decommissioned at the direction of Clallam County Environmental Health after the replacement well is constructed and performance is verified. PROVISIONS 1. TIMING LIMITATION:To protect fish habitats at the job site, work below the ordinary high water line in Dry Creek must occur from July 01 and September 30 of any year, or when the stream is dry. Page 2 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA98504-3234 (360)902-2200 Issued Date: July 21, 2015 Permit Number: 2015-6-445+01 Project End Date: July 20, 2020 FPA/Public Notice Number: N/A Application ID: 4559 2. TIMING LIMITATION: To protect fish and shellfish habitats at the job site,work below the ordinary high water line in the Strait of Juan de Fuca must occur from July 16 to February 14 of any year. 3.APPROVED PLANS:You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, including HPA Figures pages 1 through 18 and dated: pages 1 through 6, and 8 through 13, June 2015,and page 7 and pages 14 through 18, October 2014, and Attachment A entitled: Port Angeles Landfill Stabilization Project, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project proposal. 4. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Property dispose of any water and chemicals used to clean gear and equipment.You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. 5. PRE-AND POST-CONSTRUCTION NOTIFICATION:You,your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to(360)902-2946 at least three business days before starting work, and again within seven days after completing the work.The notification must include the permittee's name. project location,starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 6. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990.Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval.The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. 7. PHOTOGRAPHS: For gravel beach nourishment under this approval, a minimum of eight(8)photographs,four(4) showing pre-nourishment conditions and four(4)showing post nourishment, portraying the beach nourishment area from all sides shall be provided. You must upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS)or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234. Olympia, Washington 98504-3234 within 30-days after each time the work is completed. STAGING. JOB SITE ACCESS AND EQUIPMENT 8. Establish the staging area(used for activities such as equipment storage, vehicle storage,fueling, servicing,and hazardous material storage)in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid,fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 9. Clearly mark boundaries to establish the limit of work associated with site access and construction. 10. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs, and large rocks. These natural habitat features may be moved during construction but they must be placed near the preproject location before leaving the job site. 11. Confine the use of equipment to the specific access and work corridor shown in the approved plans. The work corridor shall be a maximum of 25 feet in width directly waterward of the seawall.. 12. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 13. To the greatest extent possible do not stockpile construction material waterward of the ordinary high water line. If material must be stockpiled waterward of the ordinary high water line it shall be limited to large rock or beach nourishment material and these materials shall be stockpiled within the work corridor. Page 3 of 7 Washington Department Fish ii Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia WA 98504-3234 (360)902-2200 Issued Date: July 21, 2015 Permit Number: 2015-6-445+01 Project End Date: July 20, 2020 FPA/Public Notice Number: N/A Application ID 4559 CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 14. Do not conduct project activities when the work area is inundated by tidal waters. 15. Prevent contaminants from the project,such as petroleum products, hydraulic fluid,fresh concrete, sediments, sediment-laden water, chemicals,or any other toxic or harmful materials,from entering or leaching into waters of the state. 16. To prevent leaching,construct forms to contain any wet concrete. Place impervious material over any exposed wet concrete that will come in contact with waters of the state. Forms and impervious materials must remain in place until the concrete is cured. 17. Repair and modification to the seawall shall not result in an expansion of the footprint of the structure or locate it any farther waterward than the existing structure. 18. Beach nourishment shall comply with the following sizes and specifications: Beach nourishment will include annual placement of 2600 cubic yards of beach nourishing sediments waterward of the seawall. Beach nourishment shall be composed of clean sediment that is consistent with the character of the adjoining feeder bluffs;a naturally occurring sand-gravel with a grain size profile between#200 and 3 inch.The material may also include clean rounded cobble-gravel, naturally occurring stone, ranging up to 12 inches in diameter. 19. Except as modified here the City of Port Angeles shall continue to follow the Maintenance and Operation (08M) Plan for the long-term maintenance of the beach waterward of the soldier pile bulkhead dated December 31, 2006. This O&M Plan shall ensure that beach nourishment shall be maintained for the life of the project. 20. The City of Port Angeles shall re-new the beach nourishment portion of this HPA by July 20,2020, by submitting a new application to the Aquatic Protection Permitting System. 21. Do not stockpile excavated materials containing silt, clay, or fine-grained soil waterward of the ordinary high water line. 22. Prior to tidal inundation, backfill all trenches,depressions, or holes created during construction waterward of the ordinary high water line. 23. The use of rock in the repair and modification of the seawall and bank stabilization in Dry Creek shall use, angular material of a sufficient durability and size to prevent its being broken up or washed away by high water or wave action. DEMOBILIZATIONiCLEANUP 24. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces. bricks, asphalt, metal,treated wood, glass,floating debris,and paper,that is waterward of the ordinary high water line and deposit upland. 25. Reshape beach area depressions created during project activities to preproject beach level upon project completion. 26. Remove any riprap(including quarry spalls)scattered,or abandoned outside the original design footprint from the bed and deposit it an upland area above the limits of extreme high tidal water. 27. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. 28. Do not burn wood,trash,waste, or other deleterious materials waterward of the ordinary high water line. 29. Replace damaged or destroyed vegetation by re-vegetating the ravine slopes with native grasses, shrubs, and trees according to the planting plan (Figures 11 -13). The wood structures, habitat logs, and riprap will be planted with shrubs and grasses, incorporating brush bundles and live stakes to encourage plant growth during the first dormant season (late fail through late winter)after project completion. Maintain plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. Page 4 of 7 Washington Department of Fish 8 Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 FISH,,NVDLITE Olympia,WA 98504-3234 (360)902-2200 Issued Date: July 21,2015 Permit Number: 2015-6-445+01 Project End Date: July 20,2020 FPA/Public Notice Number: N/A Application ID: 4559 LOCATION#1: Site Name: Port Angeles Landfill 3501 West 18th Street,Port Angeles,WA 98363 WORK START: July 15,2015 WORK END: December 31,2015 WRIA Waterbodv: Tributary to: 18-Elwha- Dungeness Wria 18 Marine Straits 1/4 SEC: Section: Township: Range: it Longitude: Count SW 1/4 36 31 N 07 W 48.132114 -123.51722 Clallam Location#1 Driving Directions From Highway 101,driving west from Port Angeles,tum right onto Airport Road.At the intersection with Edgewood Drive tum right,the road curves onto Lauridsen Boulevard.Tum left onto L St.,then left onto 18th St. Proceed about 1.8 miles to the landfill gates.Go west until the road curves at the recycling area.The gated access road to the Dry Creek ravine and the Strait of Juan de Fuca shoreline is on your right. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions,conditions,or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. Page 5 of 7 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 KSH..a 47MLIFF Olympia,WA 98504-3234 (360)902-2200 Issued Date: July 21, 2015 Permit Number: 2015-6-445+01 Project End Date: July 20, 2020 FPA/Public Notice Number: NiA Application ID: 4559 MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA.Any approved minor modification will require issuance of a letter documenting the approval.A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing.A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System(APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you do not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant,the name of the authorized agent if one is acting for the applicant, the control number of the HPA,the date issued,the permitting biologist,the requested changes to the HPA,the reason for the requested change. the date of the request,and the requestor's signature. Send by mail to:Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA:You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must pay an additional $150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS),you may request a major modification through APPS.A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you do not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant,the name of the authorized agent if one is acting for the applicant, the control number of the HPA,the date issued,the permitting biologist,the requested changes to the HPA,the reason for the requested change,the date of the request, payment of the application the original application was subject to an application fee, and the requestor's signature. Send your written request and payment, if applicable, by mail to:Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance,denial, conditioning,or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW)recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at(360)902-2534 for more information. Page 6 of 7 Washington Department of 6,01 Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 (360)902-2200 Issued Date: July 21, 2015 Permit Number: 2015-6-445+01 Project End Date: July 20,2020 FPA/Public Notice Number: NIA Application ID: 4559 A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance,denial, conditioning,or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program,600 Capitol Way North, Olympia,Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov;fax to(360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program. Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA,the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS:WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance,denial, conditioning,or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Chris.Byrnes@dfw.wa.gov for Director Chris Byrnes 360-417-1426 / WDFW Page 7 of 7 ATTACHMENT "E-4" ACOE Project CON-2017-21 Pa0e 38 Re%. 11 28 16 DEPARTMENT OF THE ARMY r " SEATTLE DISTRICT,CORPS OF ENGINEERS .. P.O.BOX 3755 4 +�` SEATTLE,WASHINGTON 98124-3755 3. TO "T E"TION OF J U h' 1 6 2015 Regulatory Branch RE�EIv�° PU3���v p�KS � C11'f OF Craig Fulton,P.E., Public Works Director City of Port Angeles P.O.Box 1150 Port Angeles, Washington 98362 Reference: NWS-2012-1108 Port Angeles, City of Dear Mr.Fulton: On March 31,2014,we received an app!ic;,tio:1 1,tii a Department of the Army (DA)permit to authorize a456 foot long seas%all. which wL, 1r:1ta1 Cd without DA authorization no application also requested to modify the rocke_ic° or. end of the seawall,decommission a groundwater monitoring v,cll, and each\ear place 2,6(i( cubit yards of beach-nourishing sediments waterward of tt-,e ­.�.wall ri t}lc strait ofJuar. de F.,ca, ca Port Angeles, N�,'ashington and excavate up to '.'so cu:sic ;ards of r:p rap and strcum bed materials and install seven wood structures in DryCreek, at Port Ang,::es, I sshir.gton. I have decided to authorize be th -he seav all .\ozk .u;d Lii: additional proposed work. Based 0;: J_e ir."omiation ;Iu have pre%iJ,'d to us, Nation,,:i,lc Penrnit 13,Bank Stabilization(Federal Register. Februar.'' , '012, Vol. 7', No. 34),authoi.z(�s the "ork as depicted on the enclosed drawings dated Octo:11cr 'C,14. In o?Jer for this Nat:on,,%Ide Permit authorization to be valid,you must ensure that the work was and %�i it '--,c performed :n accordance with the enclosed Nationwide Permit 13, Terms and Conditions and the following special conditions: a. You must implement and abide by the Endangered Species Act(ESA)requirements nd c -eements set forth in the Bioloi�irwl Evaluation Port Angeles Landfill Stabilization Prn:ccr datcJ June 12, 2014, and the a;d nc:um dated June 12,2014,in their entirety. The National Marine Fisheries Se:-,iec (NNIFS) conculTed with a finding of"may affect. not likely to ad%erseh aff-c` based on this do. -Iricnt on July 22, 2014 (N_N1TFS Reference Nuinn ler '�,'CR 2014-1104). The U.S. Fish tend ti��iialil"e Seryicc (USI-"VG'S)concurred with a fii�dir.2 oT"mav- -2- affect,not likely to advers�l\ a2:c:t" based on this document on August 25,2014(USFWS Reference Number OlEWFVI'OO--'014-I-0528). Both agencies will be informed of this permit isst:ante. Failure *o cct t)'.� with the commitments made in this document constitutes nun .omp'.iance „ith the ESA and your U.S. Army Corps of Engineers permit. The USFWS,'N%,IFS is the appropriate authority to determine compliance with ESA. b. In order to meet the requirements of the Endangered Sp.cics Act you may conduct the authorized activities from July 16 through February 15 in an% year tl::� -.,,-rnit is valid. You shall not conduct work authorized by this permit from February 16 through !uly 15 in any year this permit is valid. c. You must implement and abide by the riparian planting pian shown on sheet numbers 35 O rough 38. The plants hall be installed before or concurren- v. ih aic ork authorized by this p.rmi+. A rc port. ..s-built drawing and photograph, the plants have been installed or a report ;)-r the status of project construction must be submit'cd to the U.S. Army Corps of Engineers, Seattle District,Regulatory Branch, within 12 months from the date of permit issuance. You can meet this reporting requirement by completing and submitting the enclosed Reportfor Mitigation Work Completion form. d. You must submit monitoring reports for ten years(Monitoring Years 1,2, 3, 5,7,and 10). Each monitoring report shall include. -vritten and photographic documentation on plant mortality and replanting efforts and must docun:cnt whether the performance standards are being met. Photos must be taken from c-as lisped poi:-t` and used repeatedly for each monitoring year. In addition to photos at designated pc'nts, photo documentation must include a panoramic view(s)of the entire planting area. Submitted r: ,tcs must be fonmattcu on standard � x 11" paper,dated with the date the photo was t:.ken, clearly labeled with the direction tri rn which the photo was taken. The photo location l ,pint, !r..i , :,c identified on an approhriate ciriwing. Aruival riparian planting monitoring reports must be -,&)miffed to the t".S. A:—,r% Uo:ps of Engineers(Corps), Seattle District,Regulatory Brzcich. t,% of each n�cr_itoring year. You can meet this reporting requirement by completing-, .nd suhrn tting the enclosed t litigation Planting Monitoring Report form. Year l monitoring ti i 11 c c t..r ..,least one year after completion of the mitigation site as determined by 11ie C; :ps Alr.ports must prominently display the reference number NWS-2012-1108. e. You must protect and preserve the riparian p' and s'lo� -he in a natural state for as long as the permitted project remaIII.� in place. f Your responsibility to complete the required compensatory mitigation as set forth in Special Conditions"c"through"e ,,,ill not be considered fulfilled until you have demonstrated mitigation success and have recei%'cd v�ritten verification from the U.S.Army Corps of Engineers Seattle District,ReguI, ',)'- Br;uich. -3- g. You shall annually place 2,600 cubic yards of beach nourishment material on the shoreline waterward of the seawall in every year the seawall structure is in place. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the'Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that Seattle District Nationwide Permit Regional General Condition 6,Cultural Resources and Human Burials, found in the Nationwide Permit Terms and Conditions enclosure, details procedures should an inadvertent discovery occur. You must ensure that you comply ,xith this condition during the construction of your project. We are unable to determine whether or not your project requires individual Water Quality (-ertific,. ion(WQC)and/or a Coastal Zone Management(CZM)consistency determination respon�e from the Wa,ainpu: S-,.te Department of Ecology(Ecology). For the work to be a.a}:ori zcd by this P, vOU :dust contact Pcology to ensure you meet these requirements: 11 iu`ton Department of Ecology,Federal Permit Coordinator, P.O. Box 47600,Olympia, \' n4_7(1r;0;telephone: (360)407-6068;or email: ec)-refedpermits@ecy.wa.gov. If more than 180 days pass from wl.en you r,rovide Ecology a copy of this letter and request your individual WQC and determination concurrencereview,your requirement to obtain an individual WQC and ('/\I consistency determination response becomes waived. In the project area, we have determined that the Strait of J.. r_do Fuca and Dry C-cek are waters of the JT.S. '%Ve have completed an approved jurisdicti,,r-d ie-ermination f,r your project rca dated Seplcniger 17,2014,which can be found on our web-<i:e select"Regulatory Branch,Permit Inormation", 1i1cn "Jurisdictional Determinations". If you object to this determination, �ou mud i ec: c t an ad-iinistrat,vc under our regulation-: (33 CFR Part 33 1)as described in tie �:::,c'csed -Ipp,al Proc�)s tact Sheet and theNotijr�:L:tiun ofgdmini rofive Appeal Option,v ,,nid Process c,;,<z J�eyera fur appeal form(Appeal Determiner, -ns). Our verification of this NWP authorization 1 S v a:i,'. until %larch 18, 2017,unle,> +e \`,VP is modified,reissued,or revoked prior to that date. 11 the ��uhorired wor'::h,.� ,�t '.�:cry cc�;r.p:eted by that date and you have commenced or are under contra ct to commence this acti% �y before March 18,2017,you will have until March 18,201S- t.• :cn;-;cte the activity undo: the enclosed terms and conditions of this NWP. Failure to comply i th al! terms and conditions of this NWP verification invalidates this authorization and could re-t.1T ;r: a N-iolation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and I Ir'r},or :\ct. You must also obtain all local, State,and other Federal permits that apple t„ 'hi> hrojeci. City of Port Angeles ATTACHMENT "F" Engineering Office AWARD BID Public Works and Utilities Department Project CON-2017-21 Pa-e 42 Rev. 11 28 16 BID FORM Project Title: 2017 Landfill Beach Nourishment Project Number: CON-2017-21 The bidder hereby bids the following amounts for all work (including labor, equipment, time and materials) required to perform the work in the Statement of Work and this package. 1. INSERT PRICE SCHEDULE Specification UNIT ITEM Number DESCRIPTION QTY. UNIT PRICE AMOUNT 1 I-0-4 MINOR CHANGE I L.S. S1i00 S2,500.00 TEMPORARY WATER POLLUTION EROSION 010 1-07 CONTROL 1 L.S. 560 6-cty-00 J 1-07 SPILL PREVENTION CONTROL PLAN 1 L.S. U 00° 1 ODU- UU 4 1-09 MOBILIZATION 1 L.S. 55"00 'S'00_ 0(D REMOVAL OF TRASH MATERIAL INCL. 2-02 HA UL ' TON toO (iCri. fiG 6 4.03 BEACH NOL RISHMENT 4030 TON Sub-Total , Sales Tax(8.41 o) Total Base Bid 6 7$ 9, DZ7 4. The bidder hereby acknowledges that it has received Addenda No(s). (Enter"N/A" if none were issued) to this Request for Bid package. 5. The name of the bidder submitting this bid and its business phone number and address. to which address all communications concerned with this bid and with the contract shall be sent, are listed below. Any written notices required by the terms of an awarded contract shall be served or mailed to the following address: Contractor Information: 1. Company Name: 0,4--_� EXr,10 UakiJ�a h�. 2. Address: _cU _ &x �-3C 3. City, State, Zip Code: e 3 4. Phone Number: if -3(:r?) 50 5. Contractor Registration Number: GSE X C-Z -)C-0q Q L 6. UBI Number: (Q 0 d ',54 (-(;2(J 7. WA State Industrial Insurance Account Number: .5-41f-" `0 O 8. WA State Employment Security Dept Number: !S-& -I-7 o& ea O 9. State Excise Tax Registration Number: 47(5 9 3 7 3 ( 7 Project: CO'N-?017-221 Page 3 Rei 11'28,2016 The bidder represents that it is qualified and possesses sufficient skits to bid on this project and the necessary capabilities to perform the services set forth in this Contract. Signed by �Q -r Title 1����Get° Printed Name: Ci.� (l-- • 5c-h me �Gl A r Date l -7 — t Project: CON-2017-21 Page 4 Rev 11/28/2016 4a OF"OAT4,, NON-COLLUSION AFFIDAVIT V STATE OF WASHINGTON ) COUNTY OF C- A ) The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him/her self an advantage over any other bidder or bidders. Signature, i'der/Contractor tt --- Subscribed and sworn to before me this�_day of 20�. 1Notary Public in and for the 1 I ` slit�i State of (NA �p;,,....�„n ,,�, yJ o!�o`�'�� a�� ! Residing at 0I` S O - A \4 + 4F AZ My Comm. Ex 6 op wp'sxl� Project: CON-2017-21 Page 5 Rev 11/28/2016 Bond No. T-091 BID SECURITY TRANSMITTAL FORM (page 1 of 2) Herewith find an executed Bid Bond or a deposit in the f9rm of a cashier's check, postal money order or other security in lieu of a bid bond in the amount of$ 3°rd VF ;4 which amount is not less than five (5%)percent of the total bid. L SIGN HERE BID BOND KNOW ALL MEN BY THESE PRESENTS: Travelers Casualty and Surety That we,C & J Excavating, Inc. as Principal and Company of America as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of Five percent (5%) of the total amount bid Dollars,for the payment of which the Principal and the Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for. 2017 Landfill ProjectTRle: Beach Nourishment Project Number CON-2017-21 according to the terms of the bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the advertisement for bids,then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages,the amount of this bond. SIGNED, SEALED AND DATED T/MS 6th day of July 20 17 C & J Excavating, Inc. By � Princi` al 7111 c/o CB & MS of WA, INC, Travelers Casualty and Surety Surety Comp-any of America Agent By: f" PO Box 75715 hris A. Fix, Attorney—in—Fact 1501 4th Ave., Ste. 1000, Seattle, WA 98101 Seattle, WA 98175 Surety address Agent Address Nathan McKee 206-326-4290 Chris A. Fix 206-361-9693 Surety Contact and Phone Number Agent Contact and Phone Number Dated: Received return of deposit in the sum of$ Project: CON-2017-21 Page 7 Rev IIn_812o16 BID SECURITY TRANSMITTAL FORM (page 1 of 2) Project Title: 2017 Landfill Beach Nourishment Project Number CON— 2017-21 BIDDER C & J Excavating, Inc. The undersigned, hereinafter called the bidder, declares that the only person(s) interested in this bid are those named herein; that the bid is in all respects fair and without fraud; and that it is made without any connection or collusion with any other person making a bid on this project. The bidder further declares that it has carefully examined the plan, specifications, and contract documents, hereinafter referred to as the Project Manual. for the construction of the proposed project improvement(s), that it has personally inspected the site(s); that it has satisfied itself as to the types and quantities of materials, the types of equipment, the conditions of the work involved, including the fact that the description of and the quantities of work and materials, the types of equipment, the conditions of and the work involved as included herein, are brief and are intended only to indicate the general nature of the work and to identify the said quantities with the corresponding requirements of the Project Manual; and that this bid is made in accordance with the provisions and the terms of the Contract included in the Project Manual. The bidder further agrees that it has exercised its own judgment regarding the interpretation of surface information and has utilized all data which it believes is pertinent from the City Engineer, hereinafter also referred to as the City or Owner, and such other source of information as it determined necessary in arriving at its conclusion. If the bidder is awarded a construction contract on this bid, the name and address of the surety who will provide the performance bond is: Travelers Casualty and Surety c/o CB & 1IS of WA, INC. Company of America Surety Agent 1501 4th Ave. , Ste. 1000 Seattle, WA 98101 PO Box 75715, Seattle, WA 98175 Surety address Agent Address Nathan McKee 206-326-4290 Chris A. Fix 206-361-9693 Surety Contact and Phone Number Agent Contact and Phone Number Project: C0ti-2017-21 Page 8 Rev 11,?8/2016 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A IW POWER OFATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. 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. 221140 Certificate No. 007024235 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 Christine V.Felicetty,N.B.Fix,R.A.Fix,Myung S.Fix,and Chris A.Fix of the City of Seattle ,State of Washington their true and lawful Auorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds.recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 25th day of October 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 �I.SUq�L tt ��Zg ty3`��'d1''we9rc52�r~a a;no Yg"'t�1�1'-97.�7`t'•'t�'^ ,'."r�tetwRri:e6_ei�.r z '�-^r�ei:`C.L�O:�l.MP__0.9Y.ASv•)G:9.:'tTr 1 fIAo>;;•`eP. G1 5 1 ^ , E:A 1i SEAL%ii:.'o°3�on•l;: •'-���`J 1'1RCRtotritN90MR'00 a.af^o• �3�•��slfAlt4'�fFC�FJbT ,a14,���'+�•E- sqVFO Yi ft� � 1y�. �, j • �v • '� A State of Connecticut By rl� City of Hartford ss. Robert L.Raney,Senior Vice President On this the 25th day of October 2010 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 he,as such.being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•f� In Witness Whereof,I hereunto set my hand and official seal. two My Commission expires the 30th day of June.2021. A1181�G # Marie C.Tetreault.Nolan Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVAL[D-WLTHOUT 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 resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a 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 I FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farrington 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 Fidelit)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. i / IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 Z' Kevin E.Hughes.Assistant Seciftary IMfG Y i�SUp Sr w.YO Y Oa'�y,�.q��.♦b - _Sy PC''_"�•i }� �,�': �d rL �1J'��. Y6°z ` }'t cora conn c �f 1895 a is �cwwCE A L ""1 V CS.AMr � �'..._.•n jf 'a� e�i v ?/n AIN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the 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