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HomeMy WebLinkAbout000216 Original ContractFor information regarding this project, contact: Terry Dahlquist, City of Port Angeles 360- 417 -4702 PROJECT MANUAL for STREET LIGHTING UPGRADES PROJECT NO. CL05 -2009 �0RK AN© CITY OF PORT ANGELES WASHINGTON AUGUST, 2011 City of Port Angeles Record #000216 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES Prepared by: P'roje6f E'igineer PROJECT MANUAL STREET LIGHTING UPGRADES PROJECT NO. CL05 -2009 for wilaammire 0 ?KS A N© CITY OF PORT ANGELES WASHINGTON AUGUST, 2011 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES Revieinred b Reewed by: deputy Director Attorney This Contract is made and entered into in duplicate this 20th day of September, 2011 by and between the City of Port Angeles, a non charter code city of the State of Washington, hereinafter referred to as "the City and CTS Northwest, Inc., hereinafter referred to as "the Contractor WITNESSETH: Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: 1. Scone of Work. in accordance with and as described in: PUBLIC WORKS CONTRACT The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: Street Lighting Upgrades, Project CLO5 -2009 A. this Contract, and B. the Project Manual, which include the attached plans, Specifications, Special Provisions, submittal requirements, attachments, addenda (if any), Bid Form, Performance and Payment Bond, and C. the 2010 Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, as may be specifically modified in the attached Specifications and/or Special Provisions, hereinafter referred to as "the standard specifications and D. the most current edition of the City of Port Angeles Urban Services Standards and Guidelines, E. Electrical construction standards of the City of Port Angeles Department of Public Works and Utilities, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract, except as may otherwise be provided in the Project Manual. -1- 2. Time for Performance and Liquidated Damages. A. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor shall commence work within 10 days after receiving a notice to proceed from the City, and said work shall be physically completed within 200 calendar days from the notice to proceed, unless a different time frame is expressly provided in writing by the City. B. If said work is not completed within the time for physical completion, the Contractor may be required at the City's sole discretion to pay to the City liquidated damages as set forth in the Project Manual, for each and every day said work remains uncompleted after the expiration of the specified time. 3. 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 Project Manual. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and/or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachments to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailina Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter 296 -127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and/or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 7. Insurance. The Contractor shall procure, and maintain for the duration of the Contract, 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. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working 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, off set against funds due the Contractor from the City. A. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: -3- 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub contractors in the work. Builders Risk insurance shall be on a all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for floor and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate and a $3,000,000 products completed operations aggregate limit iii. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. -4- C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. ii. The Contractor shall provide City and all Additional Insureds with written notice of any policy cancellation, within two (2) business days of their receipt of such notice D. 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 The 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. F. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or subcontractors as well as to any temporary structures, scaffolding and protective fences. G. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their subcontractors, lower tier subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 8. Comnliance with Laws. A. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. -5- B. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. C. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 9. Non discrimination. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: A. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. B. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. 10. Assignment and Subcontractors. A. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City. B. The Contractor shall not subcontract any part of the services to be performed hereunder without first obtaining the consent of the City and complying with the provisions of this section. C. In the event the Contractor does assign this contract or employ any subcontractor, the Contractor agrees to bind in writing every assignee and subcontractor to the applicable terms and conditions of the contract documents. D. The Contractor shall, before commencing any work, notify the Owner in writing of the names of any proposed subcontractors. The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items or materials or equipment), whether initially or as a substitute, against whom the Owner may have reasonable objection. Each subcontractor or other person or organization shall be identified in writing to the Owner by the Contractor prior to the date this Contract is signed by the Contractor. Acceptance of any subcontractor or assignee by the Owner shall not constitute a waiver of any right of the Owner to reject defective work or work not in conformance with the contract documents. If the Owner, at any time, has reasonable objection to a subcontractor or assignee, the Contractor shall submit an acceptable substitute. D. The Contractor shall be fully responsible for all acts and omissions of its assignees, -6- subcontractors and of persons and organization directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of person directly employed by it. 321 The divisions and sections of the specifications and the identifications of any drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. G. Nothing contained in the contract documents shall create or be construed to create any relationship, contractual or otherwise, between the Owner and any subcontractor or assignee. Nothing in the contract documents shall create any obligation on the part of the Owner to pay or to assure payment of any monies due any subcontractor or assignee. H. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. 321 In addition to all other obligations of the contractor, if the contractor does employ any approved subcontractor, the contractor shall supply to every approved subcontractor a copy of the form, provided in the project manual, to establish written proof that each subcontract'and lower -tier subcontract is a written document and contains, as a part, the current prevailing wage rates. The contractor, each approved subcontractor and each approved lower -tier subcontractor shall complete and deliver the form directly to the City. 11. Contract Administration. This Contract shall be administered by Ro ?e¢? cvb✓ /n behalf of the Contractor and by Terry Dahlquist on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: Contractor: CTS Northwest, Inc. 5016 208th St. SW Lynwood, WA 98036 -7- City: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 12. Interpretation and Venue. This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR: CTS Northwest, Inc. By: Title: CITY OF PORT ANGELES: By: City Manag Approved as to CitMtorney Attest: PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond 105660533 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, CTS Northwest, Inc. as Principal, and Travelers Casualty and Surety Comnanv of America a corporation, organized and existing under the laws of the State of Washington, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of 1,067,190.00 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles. Dated at Lynnwood Washington, this 20tblay of September 2011. The conditions of the above obligation are such that: WHEREAS, the City of Port Angeles has let or is about to let to the said CTS Northwest Inc. the above bounded Principal, a certain contract, the said contract being numbered CL05 -2009, and providing for Street Liahtina Upgrades (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; now, therefore, If the said Principal. CTS Northwest, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void; but otherwise, it shall be and remain in full force and effect. Signed this 26 tlday of September Travelers Casualt and Surety Comnanv o America I Surety Y, Diana R. illiams Attorney -in -Fact T :tie 707 W. Main St., #300 Spokane. WA 99201 Surety Address (509) 358 -3800 Surety Contact and Phone Number 2011. By CTS Northwest. Principal fs r Title 601 W. Main, #1400 Spokane. i1 99201 Agent Address Wells Fargo Insurance Services USA, Inc. (509) 358 -3800 Agent Contact and Phone Number TRAVELERS Attorney -In Fact No. KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint Chris Larson, George C Schroeder, W W Weller, Wm Dinneen, H Keith McNally, Kathy Gurley, Heather Anderson, Erin L Repp, and Diana R Williams of the City of Spokane State of Washington their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNET pW HEREOF, the Compa s 1 have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of State of Connecticut City of Hartford ss 223590 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company POWER OF ATTORNEY INStiq O 9 9 176.PO cp sprA T E O .SEAL/O"J .SEAL By St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004352072 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 14th /George& Thompson, error ice President In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. On this the 14th day of June 2011 before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authonzed so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer I p� Marie C Tetreault, Notary Public 58440 -6 -11 Printed in U S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RE BORDER WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED, that the signature of each of the following officers. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertalangs and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powei so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company, St Paul Guardian nsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fideli "and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compathes,`which•is in full force Arideffect and has not been revoked. 4 IN TESTIMONY WHEREOF, I have hereunto set my hand and.affixed the, seall T s of said`C mpames this 'f 1 R1: 26th day of September Kevin E. Hughes, Assistant Sec tary WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .20 To verify the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us at www travelersbond corn Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached A,CORD .M CERTIFICATE OF LIABILITY INSURANCE 1 1 1 1 1 1 I 1 1 PRODUCER I INSURED INSR I LTR TYPE OF INSURANCE A GENERAL LIABIUTY X I COMMERCIAL GENERAL LIABILITY I I CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER I POLICY I X I JECOT I I LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS A GARAGE LIABIUTY ANY AUTO A EXCESS LIABILITY CUP266476324 X OTHER OCCUR ACORD 25 -S (7/97) Wells Fargo Insurance Services USA, Inc. /CAL #0531007 601 W. Main Ave. Suite 1400 Spokane, WA 99201 CLAIMS MADE POLICY NUMBER CNP266476225 CNP266476225 DEDUCTIBLE RETENTION S A WORKERS COMPENSATION AND CNP266476225 EMPLOYERS' LIABILITY WA STOP GAP ONLY TBD 509 358 -3800 BUILDERS RISK DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS AS RESPECTS: PROJECT #CL05 -2009 STREET LIGHTING UPGRADES. PRIMARY /NON- CONTRIBUTORY ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF PORT ANGELES ITS OFFICERS, OFFICIALS, EMPLOYEES VOLUNTEERS AND ANY OTHER PARTY NAMED IN THE MAIN CONTRACT PER ENDORSEMENTS ATTACHED. WAIVER OF SUBROGATION AND AGGREGATE LIMITS PER ENDORSEMENTS ATTACHED. CERTIFICATE HOLDER I X I ADDITIONAL INSURED, INSURER LETTER. CITY OF PORT ANGELES ATTN: TERRY DAHLQUIST P.O. BOX 1150 PORT ANGELES WASHINGTON 98362 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I INSURER A INSURER B I INSURER C I INSURER D I INSURER E POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE IMM /DD/YY) 12/31/10 12/31/11 12/31/10 12/31/11 12/31/10 12/31/11 12/31/10 12/31/11 09/27/11 02/27/12 INSURERS AFFORDING COVERAGE Continental Western Ins. Co Travelers Property Casualty CTS Northwest Inc Box 15 Suite H 18405 Aurora Ave N Shoreline WA 98133 I COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one fire) S 300000 MED EXP (Any one person) 10000 PERSONAL ADV INJURY S 1000000 GENERAL AGGREGATE S 2000000 PRODUCTS COMP /OPAGG S 2000000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY I EACH OCCURRENCE I AGGREGATE I I AGG S S S EA ACC I WC ST ATUTH- TORY LIMITS O I I ER E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT 5 1000000 S S S 5 1000000 S 1000000 S 1000000 DATE IMM /DD/YY) 09/27/11 ALL RISK INCL QUAKE FLOOD $5,000/550,000 DED $1,067,190 2000000 2000000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN UM/ 17 47 S \ll CO RPORATION 1988 I ACORD 25 -S (7/97) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. THIS ENDORSEML.dT CHANGES THE POLICY. PLEASE RE. -:0 IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" and "property damage" caused, in whole or in part, by "your work" at locations specified in the written contract or agreement and included in the "products- completed operations hazard With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person o r organization be added as an additional insured on your policy. e• es w w MA 11.7 r ..r...rL,F mo o f Incur-am-N.! SANtC85 Page 1 of 1