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HomeMy WebLinkAbout000226 Original ContractPUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate this day of 9419k 9olI, 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 ..S oZc 1 CICC 4 v k t-'f -77NC a L J A STATE COe pe AT/ elJ 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. The Contractor shall do all Work and furnish all tools, materials, and equipment in order to accomplish the following project: Olympic Discovery Trail (ODT) Bulkhead Repair and Slide Repair, Project No. PK 06 -09 PK 05 -09. in accordance with and as described in Section 1 -01.3 of the Washington State Department of Transportation Standard Specifications, 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. 2. Time for Performance 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 ten (10) calendar days after Notice to Proceed from the City, and said Work shall be physically completed within Forty (40) working days after said Notice to Proceed, unless a different time frame is expressly provided in writing by the City. 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. CITY OF PORT ANGELES Project No PK 06 -09 PK 05 -09 II -1 August 2011 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. Prevailine Waae Reauirements. The Contractor shall document compliance 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 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 lawsuits, 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. It is further provided that no liability shall attach to the City by reason of entering into this Contract, except as expressly provided herein. 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 CITY OF PORT ANGELES Project No PK 06 -09 PK 05 -09 II August 2011 7. Insurance. 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. The insurance coverage shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications Division 1- 07.18. A. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Work. B. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 8. Compliance 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. 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. Non discrimination shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications and the Special Provisions Division 1- 07.11. 10. Assignment. 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, nor shall the Contractor subcontract any part of the services to be performed hereunder without first obtaining the consent of the City. CITY OF PORT ANGELES Project No PK 06 -09 PK 05 -09 1I -3 August 2011 B. 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. 11. Contract Administration. This Contract shall be administered by FIF 'kart b ,at SSG i on behalf of the Contractor and by James M. Mahlum. Proiect Manager 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: _QV: 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: r Name of Contractor Title: Pee..-6/ CITY OF PORT ANGELES Project No PK 06 -09 PK 05 -09 CITY OF PORT ANGELES: Attest: Mayor Approved as to Form: e" City Attorney City Clerk City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 II -4 August 2011 Signed this 10 day of October 20�, Travelers Casualty Surety Company of America Surety By fff��� Attorney in Fact Title P.O. Box 1347, Port Angeles, WA 98362 Surety Address Thomas L. Fryer, 360 457 -1144 Surety Contact and Phone Number CITY OF PORT ANGELES Project No. PK 06-09 PK 05-09 CONTRACT BOND Bond to the City of Port Angeles Bond 105683969 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Jordan Excavating, Inc. as Principal, and Travelers Casualty Surety Company 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 336,948.00 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 Port Angeles Washington, this 10 day of October 20 11 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 Jordan Excavating, Inc the above bounded Principal, a certain Contract, the said Contract being numbered PK 06-09 PK 05 -09 and providing for {CDT Bulkhead Repair Slide Repair (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, Jordan Excavating, 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. Jordan Excavating, Inc. Principal President Title P.O. Box 1347, Port Angeles, WA 98362 Agent Address Thomas L. Fryer, 360 457 -1144 Agent Contact and Phone Number II August 2011 TRAVELERSJ Attorney -In Fact No. 214855 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 Amenca 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 Thomas L Fryer of the City of Pori Angeles State of Washington their true and lawful Attomey(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 undertalungs and other writings obligatory in the nature thereof on behalf of the Companies in thei usiness of_guaranteemg 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 WIT N ESS WHEREOF, the Companies have caused this instrument terbe signedpand their coiporate seals to be hereto affixed, this day of y 2009 State of Connecticut City of Hartford ss 58440 4 09 Printed in U.S.A. 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 GuarantylInsuranceCompany� Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2011 POWER OF ATTORNEY By WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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. 0 03128628 14th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company George6Thompson, for /'ice President On this the 14th day of Jul 2009 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 Underwnters, Inc St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `c(\ can C `Mane C Tetreault, Notary Public WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, 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 authonty as his or her certificate of authonty may prescnbe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other wntmgs 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 wntmg 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 wntten delegation of authonty; 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 Secretanes or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other wrtings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kon M Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United'States Fidel y 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 Compames� which is m -full force and and has not been revoked S� ""S T f IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said "Companies this t+ r WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 0 day of October Kori M Johansc6/Assistant Secretary` ,201 To venfy the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached October 12, 2011 To: City of Port Angeles James Muhlum, Civil Engineer /Project Manager Jordan Excavating Inc. Jeffrey W. Konopaski (360) 452-3270 (360) 808 -1804 Cell 452 -2009 Fax E-Maikjkono@olypen.com Re: Olympic Discover Trail Bulkhead and Slide Repair, Project No.,s PK 06 -09 PK 05 -09 Retainage Plans Jordan Excavating selects the option to have the City palce the retainage in an interest bearing account. (Included in letter 10 -6 -11 under Escrow Agreement, last sentence.) ACORD CERTIFICATE OF LIABILITY INSURANCE 1 1 1 1 1 1 PRODUCER II M.M. Fryer Sons Ins. Inc. P.O. Box 1347 Port Angeles WA 98362 A A A Jordan Excavating, Inc 1826 South Golf Course Road Port Angels WA 98362 TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 54726629 X CLAIMS MADE X GEN'L AGGREGATE LIMIT APPLIES PER X I POLICY I PRO- I LOC AUTOMOBILE LIABILITY X ANY AUTO 54726629 03/19/11 03/19/12 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE 54726629 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED'? If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Operations of the above Slide Repair, Project Angeles as additional OCCUR 54726629 WA STOP GAP insured Numbers: insured. CERTIFICATE HOLDER City of Port Angeles PO Box 1150 Port Angeles WA 98362 ACORD 25 (2001/08) CITYOFP OP ID MCI DATE (MM /DD/YYYY) JORDA -1 10 /10 /11 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. Phone: 360- 457 -1144 Fax: 360- 457 -9440 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A American Fire and Casualty Co INSURER B INSURER C INSURER D INSURER E 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 mart ^auv yy POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD DATE (MM /DD/YY) DATE (MM /DD/YY) EACH OCCURRENCE 03/19/11 0 3 19 12 PREMISES (Ea occurence) MED EXP (Any one person) I PERSONAL ADV INJURY I GENERAL AGGREGATE 03/19/11 03/19/12 CANCELLATION I PRODUCTS COMP /OPAGG 2 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I AUTO ONLY EA ACCIDENT I EA ACC AGG EACH OCCURRENCE $2,000,000 OTHER THAN AUTO ONLY RE: Olympic Discovery Trail Bulkhead and PK06 -09 PK05 -09 naming the City of Port LIMITS WGJiHIU- UiH- TORY LIMITS X ER E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT $1,000,000 $100,000 $5,000 $1,000,000 1$2,000,000 $1,000,000 03/19/11 03/19/12 AGGREGATE $2,000,000 $1,000,000 $1,000,000 $2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 AUTHO ED REPRES AT ACORD CORPORATION 1988