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HomeMy WebLinkAbout000210 Original ContractPW 0407_01 Part01 doc [Revised April 2010] PROJECT MANUAL for 2011 VALLEY CREEK CULVERT CLEARING PROJECT NO. DR 04 -11 ORIGINAL #1 PORT 16„ ME" ?KS mAc` City of Port Angeles Record #000210 CITY OF PORT ANGELES WASHINGTON SEPTEMBER, 2011 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES For information regarding this project, contact Michael Szatiocky, Project Engineer, City of Port Angeles 360 -417 -4808 September 12, 2011 TO. Del Hur Industries, Inc. PO Box 1116 Port Angeles, WA 98362 CITY OF PORT ANGELES NOTICE OF AWARD PROJECT Description: 2011 Valley Creek Culvert Clearing, Project No WF 136883 -1 The Owner has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated September 9, 2011. You are hereby notified that your bid has been accepted for items in the amount of $87,798.58. You are required, as stated in the Information for Bidders, to execute the contract and furnish the required Contractor's Performance and Payment Bond and certificates of insurance within ten (10) calendar days from the date of this notice to you. Two copies of the contract are enclosed for your execution and return. If you fail to execute said contract and to furnish said bonds within ten (10) calendar days from the date of this Notice, said Owner will be entitled to consider all of your rights arising out of the Owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner Dated this 12th day of September, 2011. CITY OF PORT /ANGELES ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged this 5 day of 20 1( Print Name 4 L SIGNATURE(/ City Enaineerr, A L. Title P Please return signed onginal to the City of Port Angeles Public Works Utilities Department, attn: Michael Szatlocky, Project Manager cc: City Clerk N \PROJECTS\2011Valley Creek Culvert Clearing \14 Award NTP\Award docx& NTP\Award docx CITY OF PORT ANGELES PROJECT WF #13688 -1 2011 VALLEY CREEK CLEARING The following changes, additions, and /or deletions are hereby made a part of the Project Manual for the 2011 Valley Creek Culvert Clearing as fully and completely as if the same were fully set forth therein: A. PAGE 1. INSTRUCTION TO BIDDERS REPLACE LINE ITEM 3 WITH THE FOLLOWING: 3. Bid must be received by the City of Port Angeles, Public Works and Utilities Department no later than 2:00 PM. Friday. September 02. 2011. M. C P.E. City Engineer ADDENDUM NO. 1 TO THE PROJECT MANUAL FOR 2011 VALLEY CREEK CULVERT CLEARING, PROJECT NO. WF #13688 -1 NOTICE TO PROSPECTIVE BIDDERS (September 2, 2011) This addendum must be acknowledg is the space provided on the Bid Form in the Project Manual when it is submitted to the City with your bid. Failure to do so may result in the bid being rejected as being non- responsive. END OF ADDENDUM Addendum No. 1 Page 1 of 1 Project 2011 Valley Creek Culvert Clearing CITY OF PORT ANGELES PROJECT WF #13688 -1 2011 VALLEY CREEK CULVERT CLEARING The following changes, additions, and /or deletions are hereby made to page one of Addendum No. 1 for the 2011 Valley Creek Culvert Clearing as fully and completely as if the same were fully set forth therein: A. PAGE 1. Addendum No. 1 ADDENDUM NO. 2 TO ADDENDUM NO. 1 FOR 2011 VALLEY CREEK CULVERT CLEARING, PROJECT NO. PROJECT NO. WF #13688 -1 NOTICE TO PROSPECTIVE BIDDERS (September 6, 2011) REPLACE. WITH THE FOLLOWING: 3 Bid must be received by the City of Port Angeles, Public Works and Utilities Department no later than 2:00 PM. Friday. September 09. 2011. Michael C. Puntenney City Engineer There is no change to the Bid Opening Date or Engineer's Estimate as a result of this Addendum. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual when it is submitted to the City with your bid. Failure to do so may result in the bid being rejected as being non responsive. Addendum No. 2 PW 0407_13 [Revised 09/07) END OF ADDENDUM Page '1 of 1 Project WF #136883 -1 City of Port Angeles Public Works Utilities Dept. Engineering Office 321 E Fifth Street Port Angeles WA 98362 Tel: 360 -417 -4700 Fax: 360 417 -4709 INSTRUCTIONS TO BIDDERS SMALL WORKS ROSTER CONTRACT Project Title: 2011 Valley Creek Culvert Clearing Project Number: WF #136883 1 1. The Project Manager for this project is: Michael Szatlocky. For any questions or to arrange a site visit, please make contact at 360- 417 -4808 or by email at mszatloc(city oa.us. 2. Site Visit: A pre -bid walk is scheduled for September 2. 2011 at 10:30 am at the work site. All bidders are encouraged to attend. 3. Bids must be received by the City of Port Angeles, Public Works and Utilities Department no later than 2:00 PM, Tuesday, September 6, 2011. For a bid to be valid, a completed Bid Form (included in this package) must be submitted. All bids must be made on the required bid form and in cases of errors in the extension of prices in the bid, the unit prices will govern. All blank spaces for bid prices must be filled in, with ink or typewritten, and each bid form for which the bidder is providing a bid must be fully completed and executed when submitted. Only one copy of each complete bid form is required. The completed bid form(s) must be accompanied by one completed Bid Signature Sheet, and one completed Non- Collusion Affidavit form, and one completed set of Bid Bond (Security) forms. Faxed bids will not be accepted. Failure to adhere to instructions may constitute disqualification of the proposal. 4. Bid Forms must be received by the time and date specified above, and may be submitted by any of the methods listed below: a. Hand delivered to the Director of Public Works Utilities, City of Port Angeles, 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362. b. Mailed to the Director of Public Works Utilities, City of Port Angeles, 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362. 5. Additionally, for a bid to be valid, there can be no bidder submitted variations to the Statement of Work or other terms presented in the Request for Bid package. Any questions bidders have with regard to the Statement of Work may be submitted to the Project Manager for consideration prior to the bid submission cut -off date and time. 6. Bonds and Retainage. a. Bid Bond. Each bid shall be accompanied by a bid deposit in the form of a cashier's check, postal money order, or surety bond to the City of Port Angeles for a sum of not less than 5% of the amount of the bid, and no bid will be considered unless accompanied by such bid deposit. In addition, the bidder shall submit a copy of a valid certificate of registration in compliance with 18.27 RCW. The Bid Security form is attached. b. Performance Bond and Retainaae. (1) Bids less than or equal to $35,000 including tax. A performance and payment bond, and retainage will not be required for this work if the total bid amount including tax is less Project: WF #136883 -1 Page 1 Rev07 /06/2011 than or equal to $35,000. However, the City shall have the right of recovery against the Contractor for any payments made on the Contractor's behalf. (2) Bids greater than $35,000 including tax. 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). 7. The following forms are to be executed after the Contract is awarded: a. Contract To be executed by the successful bidder and the City. b. Performance and Payment Bond To be executed on the form provided by Owner, by the successful bidder and its surety company. To include name. contact and phone number. and address of surety and power of attorney of signatory. c. Insurance certificate(s). 8. BIDDER'S CHECKLIST Bid Form (properly signed, corporate seal affixed if applicable) Addenda acknowledged if any, on Bid Form) Non Collusion Affidavit (property executed) Bid Security Transmittal Form (properly signed, both pages) BID MUST BE SUBMITTED BY THE TIME AND DATE SPECIFIED IN ORDER TO BE CONSIDERED A VALID BID. Project: WF #136883 -1 Page 2 Rev07 /06 /2011 Contractor Information: 1. Company Name: 2. Address: 3. City, State, Zip Code: 4. Phone Number: 5. Contractor Registration Number: 6. UBI Number: 7. WA State Industrial Insurance Account Number: 8. WA State Employment Security Dept Number: 9. State Excise Tax Registration Number: BID FORM Project Title: 2011 Valley Creek Culvert Clearing Project Number: WF #136883 -1 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. Lump Sum �o 1 .00 2. Sales Tax (8.4 3. Total Bid 8 S g p 4. The bidder hereby acknowledges that it has received Addenda No(s). (0�.,' rl Z (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: 1kuur Trakks tes n� �i0� Ill U) ?O{# Adn e Ie S wA �Cg 3 02 S1o4s 113 bEL1 -\UT IS3O4 la O D 423 ,6'-I- t3 494 z c)oo 5o3 2(P 1 (00(D 423 (.04p, The bidder represents that it is qualified and possesses sufficient skills to bid on this project and the necessary capabilities to perform the services set forth in this Contract. Signed by Title Printed Name: Date Project: WF #136883 -1 z dZC__ vo.,„ 7 /9I i t Page 3 Rev07/06/20 1 1 STATE OF WASHINGTON COUNTY OFCo.Ao_.vv 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. Subscribed and sworn to before me this io day of C ?AC YY\ .\i Project: WF #136883 -1 NON COLLUSION AFFIDAVIT re of Bidder /Contractor 20 11 N ary ublic in and -for the State of V.14\ 5 V\ Residing at W "1 4\1\ k cleS w� z My Comm. Exp.: 3 1 I c t 2-01 Page 4 Rev07/06/201 1 BID FORM Project Title: 2011 Valley Creek Culvert Clearing Project Number: WF #136883 -1 BIDDER: �'ll�� A Uk S4lLi. )2_,S C 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: rN 1 J -e.� Sn y r\e_.r Surety Agent I t 1�aC� C .Ave She. t 000 I 0\ Raci-c'c p (oO 0 Surety address Taeor'a W A Agent Address 1 AC. or ya W-Pc 98 -I-o2 cii34 a53 Ro\ 3yS 1 a (.9 1 3ySI Surety Contact and Phone Number Agent Contact and Phone Number Project: WF #136883 -1 Page 6 Rev07/06/201 1 Master License Service DELHUR INDUSTRIES, INC. 4333 TUMWATER ACCESS RD PORT ANGELES WA 98363 Domestic Profit Corporation Renewed by Authority of Secretary of State REGISTERED TRADE NAMES: DELHUR INDUSTRIES, INC. By accepting this document the licensee certifies that information provided on the renewal was complete, true, and accurate to the best of his or her knowledge, and that the company wit stay in compliance with all applicable Washington State regulations tr;; �rv�,. ^,>'sw•. 1CYS ....r %;...�,",t....p,r a.�s��t n `°r^., �.xc^ l i! Department of Licensing Office of the Secretary of State Corporations Division LEGAL ENTITY REGISTRATION Unified Business ID 600 423 648 Business ID 1 Director, D partment of Licensing Expires: 12 -31 -2011 -052 -000 (8/97)• DEPARTMENT OF LABOR AND INDUSTRIES REGISTERED AS PROVIDED BY LAW AS CONST CONTR- GENERAL _REG1ST. EXP._DATE JJ CC01:: DELHIJII158O4 519/2(9-3,„ EFFECTIVE,1 kTE` 9/24/1 "985• S DEL HUR INDUSTRIES INC. PO BOX 1116 PORT ANGELES WA 98362 BID SECURITY TRANSMITTAL FORM Herewith find an executed Bid Bond or a deposit in the form of a cashier's check, postal money order or other security in lieu of a bid bond in the amount of which amount is not less than five (5 percent of the total bid. BID BOND KNOW ALL MEN BY THESE PRESENTS: The Insurance Company of That we, Delhur Industries, Inc. as Principal and the State of Pennsylvania as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of Five Percent (5 %1 of Bid Amount Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: Project Title: 2011 Valley Creek Culvert Clearino Project Number: WF #136883 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 THIS 9th day of September 2011 Delhur Industries, Inc. C p ny of the State of Pennsylvania er, Attorney -in -Fact Principal e Insuran 650 Market Street, Suite 3700 Philadelphia, PA 19103 Surety address Pat Callahan 215 255 6000 Surety Contact and Phone Number Dated: Received return of deposit in the sum of Project: WF #136883 -1 SIGN HERE d Z N J Propel Insurance Agent PO Box 2940 Tacoma, WA 98401 Agent Address Jennifer Snyder 253 759 2200 Agent Contact and Phone Number Page 5 Rev07/06/201 1 POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting out website at www.aiaproducercomnensation.com or by calling AIG at 1 -800- 706 -3102. 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NE POWER ER OF ATT0+ POWER 0 .4 AT N EY PO OP 0R 1-E'/ i:YVV 1 4, OF ATTOR E-1,:c" 2 POWER ...:',TTOE WPC _NEV .',,,t P AT pOvo rri i'ii•RNIFV V0,WER P2-1- OF 'VI s.ora, Y.- POt.:.:E.R af• ATT" City of Port Angeles Public Works Utilities Dept. Engineering Office 321 E. Fifth Street Port Angeles WA 98362 N. Tel: 360-417-4700 Fax: 360 417 -4709 SMALL PUBLIC WORKS PROCESS Request for Quotation Contract Contract Title: 2011 Valley Creek Culvert Clearing, Project Number: WF #136883 -1 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND Del Hur Industries. Inc. "CONTRACTOR 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment "A" (Attachment "A" may include Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) which is attached hereto and by this reference is incorporated herein. 2. TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): All work under this Contract is to be completed by this date: All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work). The performance period under this Contract commences I. calendar days after notice to proceed and ends upon physical completion. 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): Time and material, not to exceed: Time and actual expenses incurred, not to exceed: 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: 87,798.58 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, which may be requested by the City. The contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract number. Invoices shall be in a format acceptable to the City. C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a properly completed invoice. 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. WF #136883 -1 Page 1 Rev. 6/20/2008 E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents. 4. RESPONSIBILITY OF CONTRACTOR A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and /or materials discovered within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and /or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections. D. Nondiscrimination /Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause. E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. F. Bid Requirements. Each bid shall be accompanied by a bid deposit in the form of a cashier's check, postal money order, or surety bond to the City of Port Angeles for a sum of not less than 5% of the amount of the bid, and no bid will be considered unless accompanied by such bid deposit. In addition, the bidder shall submit a copy of a valid certificate of registration in compliance with 18.27 RCW. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bond(s) shall be on the form provided by the Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bond(s) as the person authorized to execute it (them). WF #136883 -1 Page 2 Rev. 6/20/2008 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. 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. WF #136883 -1 Page 3 Rev. 6/20/2008 10. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the City. 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 D. 12. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries. It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage The Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services rendered, Contractor shall submit an "Affidavit of Wages Paid For a contract award or an on -call contract work order under $2,500, and in accordance with RCW 39.12.040(2), the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department. WF #136883 -1 Page 4 Rev. 6/20/2008 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. 15. INSPECTION AND RE]ECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT /MODIFICATION This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; Have a current state unified business identifier number; If applicable, have: WF #136883 -1 Page 5 Rev. 6/20/2008 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. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and /or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and /or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in Attachment E to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and Acceptance located in Attachment E). IN WITNESS WHEREOF, the parties have executed this Contract as of 4-r 6er ZQ, Zeta CONTRACTOR CITY OF PORT ANGELES By: Printed Name: H- 4. s' P i Title: SCCCei /TrectSvN_ Title: Address: Po aox. City: PO C s k/knOr.eleS,WA 9 836.q TaxID 163 Phone Number: 3 L0 ''1 WF #136883 1 Page 6 By: c Printed Name: t eA S Purchase Order 13(ve Rev. 6/20/2008 City of Port Angeles Operations Office Public Works and Utilities Department 360 -417 -4541 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: Culvert maintenance and dredging. Location: Marine Drive at Valley Street (Estuary Park at Valley Creek) Site Point of Contact: Michael Szatlocky at 360 417 -4808. Work Hours and Schedule: The contractor will be allowed to work from 7:00 AM to 10:00 PM, Monday through Saturday. Work outside of these hours may be requested from and is at the discretion of the City Engineers. Permits: The City will obtain all necessary permits for this project. Work Requirements: 1.0 Project Description The proposed project will remove approximately 200 cubic yards of sediment from Valley Creek in the downstream culvert and a portion of the sediment in the rock lined channel at the culvert outlet. Approximately 150 cubic yards of sediment will be removed from the culvert outlet upstream to the manhole on Marine Drive along the entire length (135 feet) of the lower culvert system consisting of a 7- foot diameter culvert (115 feet), a transition structure (10 feet), and a box culvert (10 feet). From 6 to 12 inches of existing sediments, including gravels, will be left in the culvert bottom in order to increase channel roughness. Increased channel roughness is expected to result in slower stream velocities and the creation of localized channeling for the benefit of migrating fish. Approximately 50 cubic yards of sediment will be removed from the rock lined channel immediately downstream of the culvert outlet. Sediment removal will occur from the outlet of the 7 -foot diameter concrete culvert downstream for approximately 50 feet. A log weir, buried several feet under the existing sediment installed as part of the past mitigation project, will mark the downstream end of sediment removal. The existing weir will be left in place, although the top of the weir will be exposed. Dredged soil will be deposited either on the southeast beach in the estuary as a source of beach nourishment, or, removed off site. All sediment removal activities will be within the sequestered area and there will be no in -water work associated with the project. Shade trees and shrubs will be planted on the east and south bank of Valley Creek between Marine Drive and the footbridge. 2.0 Standard Specifications This contract incorporates the Washington State Department of Transportation's 2008 Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of Port Angeles Urban Services Standards and Guidelines (current edition). WF #136883 -1 Page 7 ATTACHMENT "A" WORK BY CONTRACTOR Rev. 6/20/2008 3.0 Drawings: The following listed drawings are part of this contract: Valley Creek Culvert Restoration Title Sheet Sheet 1— Sediment Removal Mitigation Measures Sheet 2 Culvert Channel Sediment Removal Sheet 3 Culvert Channel Excavation 4.0 Description of Work The general description of work items is outlined below. The descriptions describe the general nature of the work; however, they do not describe the complete nature of work in detail. 2.1 Erosion Sediment Control Best Management Practices (BMPs) will be used to minimize the potential for erosion. BMPs are physical, structural, and /or managerial practices, that when used in combination prevent or reduce pollution of water caused by construction activities. The following mitigation measures and BMPs will be incorporated during construction of the project to minimize the potential for erosion impacts. A Stormwater Pollution Prevention Plan (SWPPP), including a Temporary Erosion and Sediment Control (TESC) plan, will be required to prevent sediment transport from the project corridor to nearby water bodies. Limit clearing and land disturbing activities to the minimum areas needed for construction. Construction would be planned to minimize exposing areas of earth for extended periods. Employ temporary (e.g., plastic sheeting) and permanent (e.g., hydro seeding) cover measures Disturbed areas will be paved as soon as possible after completion of construction to protect exposed or disturbed areas. Streets would be cleaned to conform to City of Port Angeles requirements to ensure excess dust and debris is not transported from the construction -site to adjacent roads. Other erosion control measures will be incorporated, as necessary, in accordance with the most recent version of Washington Department of Ecology's Stormwater Management Manual for Western Washington and City of Port Angeles requirements and as specified in an NPDES General Construction Permit from Ecology. 2.2 Site Preparation Contractor will remove existing shade logs between the end of the Valley Creek culvert and the pedestrian bridge. Saw cut logs at edge of rock rip -rap using vegetable oil chain lubricant in saws. Contractor to place petrol installation type catch basin filters in Marine Drive catch basins. 2.3 Valley Creek Bypass Valley Creek will be diverted through a culvert for the duration of the project. Project timing is scheduled to be in the lowest flow period for the creek with anticipated average flows of 3 -5 cfs. The bypass pipe minimum diameter is 15- inches. The bypass pipe will be installed on top of the sediment at the Marine Drive manhole and extend a minimum of 15 -feet downstream of the proposed end of construction. The bypass entrance shall be secured by a temporary sand bag check dam. The bypass pipe will be secured to the culvert wall to prevent its interference with excavation. The bypass downstream end will be secured with a sandbag check dam. 2.3 Excavation Pit WF #136883 -1 Page 8 Rev. 6/20/2008 The contractor shall construct an excavation (or working) pit at the Valley Creek culvert exit. The pit will have an excavation bench surfaced with steel plates to allow movement by a mini excavator or other excavation device, and a sump for deposition of excavated sediments. Oil -only absorbent socks will be installed at the perimeter of the steel plate to prevent migration of oil or other contaminants to the receiving pit. 2.4 Dewatering Dewatering may be necessary during sediment removal. No water will be discharged to groundwater, but will be conveyed to an appropriate disposal facility. Contractor will route dewatering water from dewatering operations into a Baker tank prior to discharged to the City's wastewater treatment system, 2.5 Sediment Removal Sediment removal from Valley Creek, both work in the culvert and the stream channel be contained. A small upland area to the west will be disturbed in an area used for a large excavator to lift sediment from the creek and deposit it into waiting trucks. Potential runoff from this area will be directed to the work area in the creek. Sediment will be contained by a combination with BMPs so that it effectively controlled. Excavated sediments will be disposed of either by placing clean sediments on the estuary beach immediately in front of Pump Station No. 4 at Front Street, or by disposal at a designated site located within 1 mile of the site. 2.6 Traffic Control Traffic on the one way portion of Marine Drive will be channelized allow free construction access at the manhole at the intersection of Front Street and Valley Street. 2.7 Revegitation A mix of native deciduous trees and shrubs designed to replace shade provided by the shade logs. Plantings will be on the east and south side of the creek. The west side will remain open as it is at present. Revegetation includes preparation of soil for planting, planting, soil mulch application, and installation of drip irrigation system. 5.0 Archaeological Monitoring The site will require archaeological monitoring. All excavation activities require the presence of the City Archaeologist unless prior permission to excavate without archaeological monitoring is received in writing. WF #136883 -1 Page 9 Rev. 6/20/2008 City of Port Angeles Operations Office Public Works and Utilities Department 360 -417 -4541 ATTACHMENT 13 INSURANCE INSURANCE INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, electrical work, plumbing, movers, and on site maintenance agreements. Indemnification Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 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 I50 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. WF #136883 -1 Page 10 Rev. 6/20/2008 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no Tess 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 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. WF #136883 -1 Page 11 Rev. 6/20/2008 INSURED COVERAGES INSR TYPE OF INSURANCE C B C GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY XI JJEC I 1 LOC X DelHur Industries, Inc. 4333 Tumwater Truck Route Port Angeles, WA 98363 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X MCS90 Inc! UMBRELLA LIAB X EXCESS LIAB CERTIFICATE HOLDER ACORD 25 (2010/05) 1 #S737695/M706180 SCHEDULED AUTOS X NON -OWNED AUTOS X OCCUR CLAIMS -MADE DED I I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below A Pollution Occur Professional City of Port Angeles 321 East Fifth Street Port Angeles, WA 98362 Client#: 112248 DELHINDU I DATE (MMIDDIYYYY) 9/12/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 ACORDTM CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER: REVISION NUMBER: YIN N I NIA CA6561318 PROU7004931 WC0999193 WA Stop Gap PROP7004930 Claims Made NAME Marci Berger PHONE E EM) 800 499 -0933 E-MAIL PHONE ADDR ESS mrb @propelinsurance.com ADDRESS INSURER(S) AFFORDING COVERAGE INSURERA Chartis Specialty Insurance Com INSURER B American International Specialt INSURER C Commerce and Industry Insurance INSURER D INSURER E INSURER F D5/01/2011 05/01/20121 EACH OCCURRENCE I AGGREGATE I 05/01/2011 05/01/2017 X DORY L TR I E L EACH ACCIDENT DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule. If more space is required) RE: 2011 Valley Creek Culvert Clearing, Project No. WF #136883 -1 City of Port Angeles is named as additional insured with respects to the above referenced project. CANCELLATION AUTHORIZED REPRESENTATIVE I BODILY INJURY (Per person) I BODILY INJURY (Per accident) I 1 PROPERTYDAMAGE (Per accident) (alc No) 866.577.1326 NAIC 0 26883 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I A SUBR I POLICY IMMIDD INSR DDL WV POLICY NUMBER A X X PROP7004930 95/01/2011 05/01/2017 EACH OCCURRENCE $1,000,000 LIMITS DAMAGE TO ENTE PREMISES 1 a occurr ence/ 300,000 MED EXP (Any one person) 10,000 PERSONAL ADV INJURY I $1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS COMP/OP AGG 2,000,000 05/01/2011 05/01/201 EeaBcideDntSINGLE LIMIT $1,000,000 $10.000.000 $10.000,000 OTH- FR $1,000.000 1 E L DISEASE EA EMPLOYEE $1,000,000 E L DISEASE POLICY LIMIT I $1,000,000 05/01/2011 05/01/2012 Combined w /General Liab SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2010 ACORD CORPORATION. All rights reserved. of 1 The ACORD name and logo are registered marks of ACORD MRBOO This endorsement, effective 1201 AM, 05/01/2011 Forms a part of Policy No: PROP7004930 Issued to: DelHur Industnes, Inc By: CHARTIS SPECIALTY INSURANCE COMPANY ENDORSEMENT NO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGE A, B AND C This endorsement modifies insurance provided under the follovang: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY SCHEDULE Name of Person or Organization: As required by written contract or agreement (If no entry appears above, information required to complete this endorsement vvill be shown in the Declarations as applicable to this endorsement) It is hereby agreed that Section II of the policy, WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect to liability arising out of your ongoing operations performed by you or on your behalf for that insured. Coverage is not afforded for the additional insured's own liability, which arises solely out of its acts or omissions. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract with the insured and subject to the limits of liability of this Policy. All other terms, conditions, and exclusions shall remain the same. 78025 (5/01) CI1456 AUTHORIZED REPRESENTATIVE or countersignature (in states vvhere applicable) PAGE 1 OF 1 City of Port Angeles Operations Office Public Works and Utilities Department 360 -417 -4541 Prevailing Wage Rates Information Below: ATTACHMENT "C" PREVAILING WAGE RATES 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, effective 8/31/2011. 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link: http:// www. ini. wa. aoyJTradesLicensina /PrevWage/WaoeRates /default.asQ 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360 417 -4541 or by email, lhanlevCahcitvofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. WF #136883 -1 Page 12 Rev. 6/20/2008 KNOW ALL MEN BY THESE PRESENTS: The Insurance Company of the State of Pennsylvania One Liberty Place 1650 Market Street, Suite 3700 Philadelphia, PA 19103 PERFORMANCE BOND That Delhur Industries. Inc as Principal, hereinafter called Contractor, and The Insurance Comnanv of the State of Pennsylvania 1650 Market Street, Suite 3700, Philadelphia, PA 19103, as Surety, are held and firmly bound unto City of Port Angeles as Obligee, hereinafter called Owner, in the sum of EIGHTY -SEVEN THOUSAND SEVEN HUNDRED NINETY -EIGHT AND 58/100THS Dollars 087.798 58) for the payment of which sum, well and truly to be made, the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, The Contractor has entered into a written contract dated with the Owner for 2011 Valley Creek Culvert Clearing, WF 4136883-1 in accordance with a contract is which by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1 Complete the Contract in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor 3 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practical after the amount is determined, tender payment therefor to the Owner or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law The Surety shall not be liable for damages, costs or expenses, including, but not limited to legal expenses from actual or alleged injury to person or property or for the death of any person, or under or by nature of any statutory or regulatory provisions for damages or compensation for actual or alleged injury to, or death, of any person or employee No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner Signed, sealed and dated this Sentember 14. 2011 Witness: Principal: Delhur Industries, Inc. Bond Number ESD021810807 By: 17 Surety: e insurance C pany o the State of Pennsylvania By: e,(.ti Je L. Sny;� r Attorney;�Fact The Insurance Company of the State of Pennsylvania One Liberty Place 1650 Market Street, Suite 3700 Philadelphia, PA 19103 PERFORMANCE BOND RIDER Exclusions From The Scope Of The Surety's Duties, Obligations and liabilities under Bond Attachment A WHEREAS, this Rider is executed concurrently with Bond No. ESD021810807 in the amount of $87.798 58 for work under the 2011 Valley Creek Culvert Clearing. WF #136883 -1 contract (hereinafter "the Bond and is intended to form a part thereof; and WHEREAS, the parties, consisting of City of Port Angeles as Obligee, Delhur Industries. Inc. as Contractor and Principal on the Bond, and Insurance Company of the State of Pennsylvania as Surety, wish to amend the Bond to make certain exclusions from the scope of the Sureties duties, obligations and liabilities under the Bond. NOW THEREFORE, and not withstanding anything in the contract to the contrary, the parties agree to amend the bond as follows: 1. The Bond is not intended by the parties to be, nor shall it be construed to be, an insurance policy, primary or excess, or in any other way be considered to satisfy the requirements for any type of insurance set forth in the contract documents between the Principal and the Obligee and /or Owner (hereinafter "the Contract The existence and maintenance of any and all insurance required by the Contract through the completion of any guaranty period provided therein shall be both a condition precedent and a condition subsequent to the Sureties duties, obligations and liabilities under the Bond 2. Any rights of action under the Bond shall accrue to, and be for the exclusive use of, the Obligee The bond is not intended by the parties to, nor shall it be construed to, create or extend any third party beneficiary rights. 3. No suit or action shall be commenced against the Principal or Surety for any default in performance or for labor performed or materials supplied after the earlier of (1) the contract duration period as set forth in the Contract at the time of execution plus any agreed extensions: or (2) one year after substantial completion of work under the Contract (3) one year after termination of the Contract in accordance with its terms and conditions. In no event shall the Surety be liable under any warranty provision in the Contract after one year from the date of substantial completion of under the Contract 4. In the event of default, the Surety's liability under the Bond is limited to providing funds for the cost of completion of the Contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the Contract. Under no circumstances is the Surety obligated to tender another contractor to complete the work, enter into a takeover agreement with the Owner and/or Obligee for the Completion of the work, finance completion of the work by the Principal or in any way assume responsibility, directly or indirectly, for the work required to be performed. Under no circumstances shall the liability of the Surety exceed the penal Sum of the Bond 5. Upon Notice of default, the Surety will have a reasonable amount of time to honor it's obligations, if any under the bond. 6 The Surety shall in no event be liable to indemnify or compensate the Obligee for loss or liability arising from personal injury or property damage whether or not caused by breach of the bonded Contract. Under no circumstances shall the Surety be liable to indemnify or compensate the Obligee for any consequential damages. 7. The Surety shall in no event be liable to any person for injuries, costs, damages, expenses, or other liability which results from any release or threatened release of a hazardous substance or pollutant or contammant, even if such release or threatened release is caused by the conduct of the Principal or Obligee which is negligent, or which constitutes intentional misconduct. 8. Notwithstanding any provision of the Contract or the Bond to the contrary, extension of the Contract completion date and modification or changes to the Contract require actual written receipt of notice by the Surety and authorization by the Surety m order for the Surety to be bound by such extensions, modifications or changes. 9. The Bond is issued subject to the above express conditions which shall survive the release and discharge of the Surety from any further liability of its Bond obligations, and those conditions are accepted by the Obligee notwithstanding any obligation to the contrary in the Contract. Signed, Sealed and dated this September 14. 2011. Witness: By: Principal: Delhur Industries, Inc. By: Surety: In ance Company of the State of Pennsylvania 7 By: diA- r L. Snyder )(orney -In -Fact KNOW ALL MEN BY THESE PRESENTS: The Insurance Company of the State of Pennsylvania One Liberty Place 1650 Market Street, Suite 3700 Philadelphia, PA 19103 LABOR MATERIAL PAYMENT BOND That, Delhur Industries. Inc as Principal, and The Insurance Company of the State of Pennsylvania One Libery Place, 1650 Market Street, Suite 3700 Philadelphia, PA 19103, as Surety, are held and firmly bound unto City of Port Aneeles as Obligee, in the sum of EIGHTY -SEVEN THOUSAND SEVEN HUNDRED NINETY -EIGHT AND 58/100THS ($87,798 58 for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, The Principal has entered into a written contract with the Obligee for 2011 Valley Creek Culvert Clearing_ WF #136883-1 in accordance with a contract which is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions 1 A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract 2 The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final payment for such sum or sums as may be justly due claimant, and have execution thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit 3 No suit or action shall be commenced hereunder by any claimant a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer b) After the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere 4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond Signed, sealed and dated this September 14 2011 Witness Principal. Delhur Industries, Inc By: By: Bond Number: ESD021810807 Surety tie Insurance, omyar of the State of Pennsylvania By: Jennif- Snyder, Attorney -In- act POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting out website at www.aieproducercompensation.com or by calling AIG at 1 -800- 706 -3102. t OF i'• C:OVER Of ATTORN.i POW ER or AT TO.P,Nt Y PO V t-ii OF Ai POW Elk:N ATTC.)J'eN EY .P OV, E OF A i*T.:. N EY :Rv t.c'ERO.F AT TOR N.EY POW NEY POW! R ;;L.: tOT-')Ri\i.F:i -.POWCR OF ATTORNEIT: ROWER :OF A T )Rr'4 EV POWET: OF ATIOEffEY POWER OF ORNEY 00W: 'E Al It.iRN.I.". F0971:-"R OF ATT' t OP ktT.T.LIS ti c- cP 9:f" 0 P OW En OF ATTORNEY I-CPAPNYERSZETQW.11 Principal Bond Office: N ce: 175 Water Street, N ew York, NY.10038 No_ PI E‘,. P I t .t. r i 1 0 N r i'. P o vo:13 i4 Ar7C)n4ey •-loo \Ati:A rl AT :Y NI Y VOW Eil qf AT TO 4Z 1F s P4)..V,‘EP:OF O 4`,"(Tt14:11 I' 0 '''-c r li A. b r 'r`"9 ntAer 4:7011 OF Plorsylv'rs „:,NE:-• POW1Ht...1 AT TO R wE r. c:F ATDR NC Y. ••O IN E F i. ■UR NEY •r7-'0). AITORN EY ^-•O'cli NEV POw111 TORNEY-POWE'11O1 AT POWER OF At'r ;POWER OF ATTOR.V POWEP P,Ti-O P01,',:'[ilOr ATE That The Insurance Company of the State of Pennsylvania, a Petmsylvania-corporation does hereby appoint Or A.rf. ■-'0WEI.": P:ITOiltr. PO WE 8. OF P,ITORNE P 0■ Ot At yodts or gr.“ I A''..TORN PO WE tQF Ai.TeRNT,Y VOW gisrde "AiiiiV ieriiiiit; ;4,-; POWE-P OF ATTC N F Y PW C 4:K OF -ATTC., PCP" t:} A TO R `i PowtR OP ATtOR 0J oP ATiGRkf P GIA OF 1' 1"I' E A T-Z)i:,Y NEY eand c l‘WA gAttorney(O Ilio pcqcujc op As 13phajft)onds, nnclestOsingsospognizances and ,other contracts-I ATE: -of mdemnit3/ and writings obligatory in the ,nature thereof issued in the course„of-its btisiness, and to bind the, company thereby in tho, Of A.-fra ft 1 F fibici r ,{166 .4 0 1 E il E A CO PO k-• NEY-• POV L :i'TORNIE'l. -POW0i OF AT-TORNE.7 EWE OF Ari....);RN_L\ POWE^rtOF OF .1ORNE',' POI.At-Ect 1. Pokyot OF AT14 1 OF &TAO. P9Wer,ofiattorney-shalIttemainitfullforce, and effect-until the expiration ciate<aboverreferencedvi o F Ao NE P0 OFATTORN-EY POW *PO11: F ;Tr R.FIF Y PC:WE R OF AT. rOREct-Y POWER 0 t ATTOP W77( POWET; TTOR, P.i.' Y -.POWER OP I1■1 WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania executed those presents Or i'TTOrNE.fY ,A1 T0 PPE' ..POWER OF Art-ORNEV POW', R Of A rro Y POWER F AT TO41:4c, r OF A" "FORNEY POWErx.OFATTOT:tfEe POW NEN .1" C",i P ok- ATRttPY P`Oli" 0J- l'PiNE'kF P 14 dayof-JUI c20I-Ls:' A r o WEE OF AT';‘, OF ATTOENF: 1 nwER OF Al fORESEY POWER OF ATTORNEY POWi 4 OF A II ORNET AT7.0.RNE AT PC P OW UY L It 01 -ATTOM4EY P0i OF -.4■14.;\ N5S ROWER Pt-ATTORNEY POWOT TOR OR POWET OF ATTC 3 0'4 !JTORol v'CriV,7".Ft /C) I 0 R Ki;"", t PM:1,1ER OF 1 0 R 1` C'OWY :r; OF .P TO REY POIAtt•E' OF e R NE7r P OW Et° *le'S r NEY -.F U TTORFLE'e POWER.V.iF AT l'ORLIEY P1:1'44 OF 3;•'TORNEY 1, 3WER OV.*AFTORt, iPOWiR OF h,T1'EY 1 i.LR OH. 1L.; POWER T 7;1 ATTC C 1: :P W STATE OF PENNSYLVANIA} -E �riitAl'ariti POWER OF A POWER OF A T1 01:NEY P6w.'' 2F k"10 EY: POWER :OF P-7ViER ..ATTO:, POWE'lzrvf ATIOr kC)VIIII.P. 04: ATTr...;14P t, ve .hE Y RE" ITEY 1 OF ,(:kithis T r day of pAprit, 001111 cbefore. meycame the caboye. named officer of The Insurance Company of the State of tc p../Fil oF k roWttiul N I ..OkNET •-PC.rn Or Ar.TOKNEY Pertniylvama, to me personally known t o be the individual and sfigew desoithekfte'refeiiiii faldi P ‘-+;11E R /foregoing instninientl affixed) the', Sealloltrsaid c ofo r atitk r ocr ro R N Ey ATTORF4E.Y r FIVotary; 0 P.4. S e PI:\ VCR 01 P0.4.TER OF ATT1 POWER:OF AT TOcr.):1-E`, PO-11P0E5;7011" F Y 0 ri,4111 4ruppliaaleVlia.114 OF*0141r*YANIA. AT TORN EY P R -.Tiwyerm '"rt:J1' 01 AT TT -POWER C4:- AT 1-A 1i1 IfillW1 MAITOX-Nowitetibit V El R.NTEY POW fc.EY nri T byI 74 T StrY PC:tWER OFAl T 0 E P CloPYcht N Og A T T C 37 c: POYA' NEY POWLP Y ,..iToRN pc •?owk...R 0-1 ATTORNEY P Q 1 A` af ATTc‘Weiff PEW'ER AT Q.RN EY P. Or il,.: 70 R NEN :OWE?. oF ATTc I OF r• 2 rilVER 0 ATTO.F.SI EY P OE Al ITRiV..1-.Y Fr.:tr' OF ATTORPEY Pr,A/E+ ItTTOR P' Ci\^ ER OF z,.T .-P•" 0A1 T01 EY PC) 17 N t. Y !F #4•MPAz P&Slit9 t ,IY 1 f PokAil-R f.',4 AT TC 01 giESOINE6, iiiit r theC1aliilf OPtiie F ifo r ar'Cilie l PieSideik f Or*Y''Vec'e h ijie.giiielif c 14; c 4na r li i erebii v ik i iiiih r Oriiedio T at'SP O -1 sEili-Nd Yfzi Y t 1' hi F Yel/r9Sent2andi aet,tO,ryanglzunr betialf,pfitteEComppyRto lexecute rbonds,imdertakingso recognizances and_kotherlzontractswof indetimityr oF ATI,: obligatory in the nature thereof, and to attach thereto the corporate seal of the Company in the transaction of its surety business or ro 1W E R a TO P.N';.:. 1 POWER 'OS: ATI Ctil4 E Y Of •0 Ft4rEY Pvw1.i.; ft1 ATTON Rr.1,. p.ITc-1741E y ER-C‘1 x'i TO P :4-1:•‘ P0 W. NEY •IIESOLVED,TT.110.tithe_:OgnatpreS land attestationsrof suchrofficetsiarait the::.sealRot theTCOMpany itray'he affixed' to any' sueh Attchtty Of to^ar*Gr ATTC OF R f C i t ro.tirgipgreireribuYetksy!int'evi-ti, affix W 4 i t P r P r e 8 f 4 1 1 P 9 r f r a r t i fi c l t S P l e a r f i k s,be Y 4 i A Y POW k t and aiming upOn the Company when so armed witkrespect to any bond, undert recognizance or other contract of indemnity or writing obligatory NEC i the hatufethefebtn.' •.-0-0 vq: t' t) v evr:TO R N E Y 0 TO.S.N EY r l'1/ OF ATTC:ritNEY 10 F AT r:F•J/EN..--?01, A 7 POWER OF ATTC 3 OF raTfi'4,1\ F :T-ER OF ATTORNrY POWER 'OF AT TOR.FIL.Y POWER OF 1.71ORN.E'Y f•OWEr OF A FTO.RN EY P01- R OF "I 01-NE I-Yr:It It R sr' ATTORNt.2: P011 "RESOLVED, that:any such Attorney-in-Fact deliYering,a_ secretarial-Certification that the foregding still bein effect may insert in- such NE Y "Cti liVtd V 1-- Y 5 P°v Of- OY ATTO):::.r 2 l'OWER C l t A T T O R N E Y POWER Ot Al IORNEY Pt: ivr R cy AT.Tc‘Rr4,Y POWE1-0E ATTORMtY i'•)WE''' OF ..TTOt"1E` POWER 0-ATTORNEY P010 IL Andrew R. Holland, Secretary of The Insurance Company of the State of Pennsylvania do hereby. certify.that tile foregoing excerpts of_ Resolutioti NEY -1 c.' W L .FT'IRNE' unk OF ATT-Or: N.r Y .i• 0 'r1t r.rt J1— 77 0 fq .N LI 1.'0 1 1 fi F.P ...1 *F.,}1oht t t PO "1, LI.. C.1 I I i .rr:N t Y 3 f ../1 hi RI Vl t. Or ,TT( ad by the Board of Directors of this corporation, and the Power Of Attorney. issued pursuant -thereto,- aro true and .correct, and that- both the 01 ResUlution Told thel.PoWer of Attorneyareqnftill add effecty F R ATRNE) POWEP:OT A I" TORN EY PowEr or -7,: T4NEy 1 0w1fi OF ATTQRNEY .i• OW NE- POWE r..'" r TTORNEW POWETt OF ATTORNEY POWER OF 2:5,..` rb P,Nrfi.': F".0WP OF ATTORi.:EY Pdi.:1-E4C..)F A.'ii0'.NEY POWER OF •ATTORII:Er: P0‘.11C:ci 01= ATTE IN WITNESS.WHEREOF, I have hereunto set my hand and affixed the facsiniile seal of the corporation 101 IIT TOR N.' i. F OWER OF A.7TO1111Pt POWEP OF ATTOR0EY -.PO‘vt:11 OF ATYORNF:' •:P)WER OF ArLoRNb" r-_:ntEltor :e 'Y',4Nty PUWEt4 OF Al 1001EY NEY PO w fzi i>Okk.tiP OF ATTORNEY i,POWT".P, OrATTOTN EY POWER ORA T4RN V PthisFR :7 (daylof ilt OF ATTC iM IP. ,,IF Yo E-AT fORN P 0 WF? AT Tr OF FY E R OF 11;'47:TOT^:EY POWE'Pp5 ATTOEPrIEY 0-7- ATTORNE:s :POWEP 0 ATTO133 r 1%.7 .F."PNEv l'cr_!ER •.•1 .A11;0 F+01.4. Nur. AT rORNPI: •POWER Of A rr6R NEY POWER OF ‘1.-OWEI4 OF ATTr Ar1 ,1 POWER ATT3NE3 POWER V,'" ATM" OF ATTORi W9 OF ATTO R.NTY pow r,gpF ATTORNEY OF ATTOR1' E:f.POWER OF A1:CA(1%El: r-15' EP CT ATTORNEY POW NEP0VP 1 t I7ORt4Y -POVvi.R OF ATJORNEi .'0WERC)F NZI.Or POWER OF P.TTORI4 tno.0 AT-Ts, 3 Ar H "d: Secretary OP ATT-Otir :C POWER OF ATTO.P P01.. 0/.P OF Ai 6 loRNEY Pt w..R r'5 .,7 It' 1: LOW4 OF ATTORtlY i- '.POWER 0 t 2 4TTOPiviEY'; PO'4' E'c 23234(4—m9) ri 04.1k±i -Pwt R C)[ ATTORNEY P.OWi_71 OF. AI 1/".."/W ER o T rawEE )F1 ruz. E t" AVEotln i r0":1E..r. 01. ATTE TO: THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, m accordance with chapter 60.28 of the Revised Code of Washington It is limited to FDIC insured Washington State Chartered Banks who are covered by the State of Washington Public Deposit Protection Act. The undersigned. (as "Contractor has directed the CITY OF PORT ANGELES (as "City"), to deliver to you its warrants which shall be payable to you and/or the contractor. The warrants are to be held and disposed of by you in accordance with the following instruction 1 Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection You shall use the monies to purchase investments selected by the Contractor and approved by the City. You may follow the last wntten direction received by you from the Contractor, for each purchase, provided the direction otherwise conforms with this agreement Acceptable investments are A. Bills, certificates, notes or bonds of the United States; B. Other obligations of the United States or its agencies; C. Obligations of any corporation wholly owned by the Government of the United States; D. Indebtedness of the Federal National Mortgage Association; E. Time deposits in commercial banks; F. Other investments, except stocks, selected by the Contractor, subject to express prior written consent of the City. 2. The investments shall be in a form which allows you alone to reconvert them into money if you are required to do so by the City 3 The investments must mature on or prior to the date set for the completion of the contract, including extension there of or thirty (30) days following the final acceptance of the work 4. When interest on the investments accrues and is paid, you shall collect the interest and forward it to the Contractor unless otherwise directed by the Contractor. 5. You are not authorized to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies denved from the sale of such investments, or the negotiation of the City's warrants) except m accordance with the wntten instructions from the City. Compliance with WF #136883 -1 6/20/2008 ESCROW AGREEMENT for RETAINED PERCENTAGE 2011 Valley Creek Culvert Clearing, WF #136883 INSTRUCTIONS Escrow No.: City of Port Angeles Contract No. WF #136883 -1 Completion Date. such instructions shall relieve you of any further liability related thereto 6 In the event the City orders you, in wntmg, to reconvert the investments and return all monies, you shall do so within thirty (30) days of receipt of the order. 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 of the investments and monies held hereunder, whereupon you shall be entitled to reimburse yourself from such monies for the entire amount of your fee 8. This agreement shall not be binding until signed by both parties and accepted by you. 9. This document contains the entire agreement between you, the Contractor, and the City, with respect to this Escrow, and you are not a party to, nor bound by any instrument or agreement other than this, You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. CONTRACTOR Federal Tax I.D. No. By: Title. Address DATE CITY OF PORT ANGELES By Title DATE. THE ABOVE ESCROW AGREEMENT RECEIVED AND ACCEPTED on the day of 20,_ BANK By Title. Address. DISTRIBUTION. City Clerk Contractor Financial Institution File Copy Page 14 Rev. City of Port Angeles Operations Office Public Works and Utilities Department 360 417 -4541 REQUEST FOR INFORMATION (RFI) FORM DATE REPLY REQUESTED: ORIGINATOR SIGNATURE: COMMENTS: WF #136883 -1 ATTACHMENT "E" DATE: Forms PROJECT NAME: PROJECT /CONTRACT NUMBER: ORIGINATOR: Owner Contractor ITEM: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION/REQUEST: CRITICAL TO SCHEDULE: YES NO RFI Number: Page 15 Rev 6/20/2008 Project Name Date Contractor DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: I. Describe work here 2. Additional work, etc.... Such work will be compensated by: check one or more of the following as applicable Increase or Decrease in bid items; Force Account; Negotiated Price: The described work affects the existing contract items and/or adds and/or deletes bid items as follows: Item Description No. 1 2 ORIGINAL CURRENT EST NET CHANGE TOTAL CHANGE ORDERS, EST. CONTRACT AFTER CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER I I I 1 I 1 DAYS XX I DAYS. YY 1 DAYS ZZ DAYS XX +ZZ-YY 1 DAY YY +ZZ Amount with applicable sales tax included WF #136883 -1 CONTRACT CHANGE ORDER (CCO) NO. Project No. RFI Qty. Unit Cost Per Unit Cost Net Cost Adj. Days Orig 1 1 1 1 Rev. 1 1 1 Ong. I 1 Rev, I All work, matcnals and measurements to be in accordance with the provisions of the original contract and/or the standard specifications and special provisions for the type of construction Involved. The payments and/or additional tune specified and agreed to m this order include every claim by the Contractor for any extra payment or extension of tune with respect to the work described herein, including delays to the overall project. APPROVED BY: 1 SIGNATURE: DATE: PROJECT ENGINEER I CITY ENGINEER I CONTRACTOR I PUBLIC WORKS UTILITIES DIRECTOR I CITY MANAGER I CITY COUNCIL APPROVAL DATE I Page 16 Rev. 6/20/2008 CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT PROJECT NO. Page 1 of 2 TO: City of Port Angeles DATE: Public Works Utilities Department P.O. Box 1150 Port Angeles, WA 98362 FROM: PAYMENT REQUEST NO. PERIOD From: to [end of period]: STATEMENT OF CONTRACT ACCOUNT 1 Original Contract Amount (Excluding Sales Tax) 2 Total Value of Approved Change Order No(s) (Excluding Sales Tax) 3 Adjusted Contract Amount [1 +2] 4 Value of Work Completed to Date (per attached breakdown) 5 Material Stored on Site (per attached breakdown and material receipts) 6 Subtotal [4 +5] 7 8.4% Sales Tax (at 8.4% of Subtotal), As Applicable 8 Less Amount Retained (at 5% of subtotal) 9 Subtotal [6 +7 -8] 10 Total Previously Paid 11 AMOUNT DUE THIS REQUEST [9 -10] Continued on Page 2 WF #136883 -1 Page 17 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. Rev. 6/20/2008 CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 I also certify that all lower -tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower -tier subcontractors/ suppliers, and (2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that I have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes, premiums and/or assessments arising out of the performance of the work. I 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, will be made through the period covered by this pay request to all my lower -tier subcontractors /suppliers and for all materials, equipment, labor, taxes and assessments arising out of the performance of all said lower -tire work. DATED: CONTRACTOR: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 APPROVAL: Project Manager City Engineer WF #136883 1 Page 18 Notary Public in and for the State of residing at My appointment expires Date Date Rev. 6/20/2008 PROJECT: PROJECT NO.: All work on the above referenced project has been completed in accordance with the contract documents and the final inspection and the warranty provision included therein or relating thereto. The final estimate in the amount of including any applicable taxes, has been reviewed and is in agreement with our records. I further certify that the final estimate amount shown above is a true and correct statement showing all the monies due me from the City of Port Angeles for work performed and material furnished under this contract. City Council acceptance and final payment, including retained percentages, is hereby respectfully requested. Contractor, hereby releases the City of Port Angeles, Washington, from any and all liens arising out of this Contract or is, herewith, providing a bond covering all unpaid obligations for work, materials, equipment or any other liens outstanding on this Contract. CONTRACTOR: ADDRESS: AUTHORIZED OFFICIAL: DATE: PW- 402_03 [Revised 03/30/04] WF #136883 -1 Page 19 CERTIFICATION OF WORK COMPLETION AND ACCEPTANCE Rev. 6/20/2008 Rerhove.Botted Shade Logs f j tr4 7vt,A54 v,.. :1".„ /),9 adePlanting Area EER CORP Estuary Pa(1(Property k.:kne Merle OfNe Deciduous Native Tree (Fir, Douglas Maple, Vine Maple, etc.) Native Shrub (Ninebark, Red Elderberry, Cascara, etc) I Q CD cC i (1) (ct ii, W Et 2 z 0 1 a 2 0 t t c>c.. cc 0 2 <r) LIJ co 1 w c c co ozs co 1— .o 1.11 Z ii, Li! CC iii A _.i 5 Tii o 1JJ CX U) 7z ORTH,\/;/ ST MEDIA', NC, if, 0 0 cL Sheet 1 1 I. 1 -c- a l iti i I Is al IP I t 1 A Idtistrial Waterline (Abandoned) 4 i 11 1 1 a) 30 APPROX. 130 1, APPROX. 45 1, 1 1 Ire air mac. en 4 „.„•.•,.:,+,...4-*/ taVatattraVota'a a a c„.,a.a,o„ 0.A.A.AOJIA,..0A0.. 4%,,,,e 7 1 r e 1 7 0 4 4 nr M W DREDGE a o a .1' N E W DREDGE 4,411 4• 4 ••••••••••••••••••••••••••.•••••944%..."W•v•W•'•••'•.4 r 151 CY i oeuifiir &EA= IRDICH 55 CY 1 i 1 1 1 1 T i 1 i I 20+00 21+00 CULVERT CHANNEL PROFILE CULVERT SEDIMENT REMOVAL SEDIMENT TO BE REMOVED EXIST 7. CONC. CULVERT 100 WAR TINI3V3ER 13.5 4, SEDIME* TO REMAIN oft4 ,5 MER■235 ES1WRY DEMON PRORLE j 20 0 22+00 SHADE TREE NUMBER, SPECIES PLACEMENT TO BE DETERMINED EXIST ROCK RIP-RAP Covered Bridge CHANNEL SEDIMENT REMOVAL N.T.S. UNDERSTORY SHRUB NUMBER, SPECIES PLACEMENT TO BE DETERMINED SEDIMENT TO BE REMOVED EXIST. CULVERT L ROTTED G S O E BEREMOVED Sheet 2 of 3 b a 00 19 +34t 48 CONC. WATER PIPE FL =12.1± r I SANDBAG DIVERSION DAM I N ,SANDBAG fERSION 4 BARRIER FENCE 20 ±00 0 r PENPLY YARD STEEL MATS FOR MINI EXICAVATOR HAUL TRUCK I EXCAVATOR !1 3TURBED AREA n. 21 +00 MHHW (NAVDl9881 T TURBED AREA' SANDBAG AM 11 'pgp BOF'7 DIA, CULVERT-- DEBRIS FINAL'PIT EX CAVATIO PIT EXIST. WIERS (2) AFTER REMOVAL OF TO REMAIN STEEL PLATE PLATFORM DAM BAG =ESTUARY.PARK_PROP_ERTY!1NE 15 tiYf'ASS PIPS TOP OF 7 DIA. CULVERT EXIgT'$EDIMENT DAAIA 7 SEDIMENT TO B MOVED BE-REMOVED =TO? oo' F'SEDINI (SAND, GR AVE L &COB -RE s 7` LEAVE 6" MIN. FOR FISH PASSAGE MINI- STEEL WIER =3.0 EXIST. SEDIMENT I _WIER =2.25 EXCAVATOR MATS TO REMAIN I ateto FINISH SURFACE f PLATFORM/ 1.25 I 0 Sheet 3 20 O c CCS O fC O X cc UJ G) 10 W C oef ai -C 06 Y m V a> >U