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HomeMy WebLinkAbout000422 Original ContractPublic Works contract Request for Bid Contract City of Port Angeles Record #000422 Contract Title: Morse Creek Hydroelectric and WWTP Unit Maintenance Project Number: CH -12 -019 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND SIMMCO "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 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 10 Working days after notice to proceed. 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): Force Account Time and material, not to exceed: E Force Account Time and actual expenses incurred, not to exceed: Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: 15.000 Firm Fixed Price set forth in Contractor bid or quote in the amount of: The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A. B. The Contractor shall maintain time and expense records, 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. CH -12 -019 Page 1 Rev. 8/30/2011 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. 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. CH -12 -019 Page 2 Rev. 8/30/2011 1. The Contractor makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Contractor. 3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein. 4. Contractor fails to make prompt payment to subcontractors for material or labor. 5. Contractor persistently disregards federal, state or local regulations and ordinances. 6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his /her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. 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 CH -12 -019 Page 3 Rev. 8/30/2011 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. 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). On contracts of thirty-five thousand dollars or less, at the option of the contractor the City may, in lieu of the bond, retain fifty percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later: PROVIDED FURTHER, That for contracts of one hundred thousand dollars or less, the City may accept a full payment and performance bond from an individual surety or sureties: AND PROVIDED FURTHER, That the surety must agree to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington. 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. 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. CH -12 -019 Page 4 Rev. 8/30/2011 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 REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT /MODIFICATION This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; Have a current state unified business identifier number; If applicable, have: 1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; 2) An employment security department number as required in Tile 50 RCW; and 3) A state excise tax registration number as required in Tile 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCW; 5) An elevator contract license, if required by Chapter 70.87 RCW. CH -12 -019 Page 5 Rev. 8/30/2011 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). A IN WITNESS WHEREOF, the parties have executed this Contract as of /Vl 2012. SIMMCO CITY OF PORT ANGELES B �+1� Printed Name: tPe CH 12 019 Title: O Mt..�Ser Address: lotssl E S City: 17,11.L. Tax ID 02 OS )q91 Phone Number: 2- 6 7 0 ci s oi, BY: 021- P unted Name :.Dan I I i✓ re to Tale:_ x.111 (ia1 Cit'Y►' la/i'Iciar U U APPROVE AS TO FORM: 11 BY: CITY ATTORNEY ATTES BY: LERK Purchase Order Page 6 Rev 8/30'2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 ATTACHMENT "A" WORK BY CONTRACTOR The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work. General Scope: Maintenance of Morse Creek Hydroelectric and Wastewater Treatment Plant (WWTP) Units Location: Port Angeles, Washington Site Point of Contact: Tod Eisele at 360 460 -8417 (Morse Creek Hydroelectric) Jeff Young at 360 461 -1044 (WWTP) Work Hours and Schedule: The contractor shall be allowed to work from 7:00 AM to 3:00 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the Site Point of Contact. Permits: The Contractor shall be responsible for obtaining and paying for any and all permits required for this work. Work Requirements: There are two different sites needing maintenance. Site A is for the Morse Creek Hydroelectric unit. Site B is for the Wastewater Treatment Plant unit. Site A: Morse Creek Hydroelectric Unit 1.0 Project Description and Work Requirement Maintenance of a Louis Allis Hydro Generator at Morse Creek: CH -12 -019 Model# 6K26/235 Serial# 6K26235001 Type DFCX 560KW 480V 519rpm 7407SPL Frame Hydro Generator Work Requirement is based on the initial inspection report provided by SIMMCO for additional work needed. Furthermore, SIMMCO shall check the vibration noise and complete other needed maintenance for hydroelectric unit to perform properly. Site B: Wastewater Treatment Plant 2.0 Project Description and Work Requirement SIMMCO shall perform maintenance needed to on the switchgear at WWTP. All maintenance work shall be in accordance with the inspection report provided to WWTP. Page 7 Rev. 8/30/2011 3.0 Standard Specifications CH -12 -019 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). Page 8 Rev 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360 -417 -4700 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 ATTACHMENT "B" INSURANCE 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 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. CH -12 -019 Page 9 Rev. 8/30/2011 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 less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or 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. CH -12 -019 Page 10 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 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 5/1/2012 2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries website link: htto:// www. lni .wa.00v/TradesLicensma /PrevWaoe /WaaeRates /default.aso 3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360- 417 -4541 or by email, IhanlevCa citvofoa.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. CH -12 -019 Page 11 Rev 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned. as Principal, and 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 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 The conditions of the above obligation are such that: ATTACHMENT "D" PERFORMANCE BOND RETAINAGE PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond Washington, this day of 20_ WHEREAS, the City of Port Angeles has let or is about to let to the said the above bounded Principal, a certain contract, the said contract being numbered CH -12 -019 and providing Morse Creek Hydroelectric Unit Maintenance (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. 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 day of 20 Surety By CH -12 -019 Title Surety Address Surety Contact and Phone Number Principal By Title Agent Address Agent Contact and Phone Number Page 12 Rev. 8/30/2011 TO CH -12 -019 ESCROW AGREEMENT for RETAINED PERCENTAGE 2011 Valley Creek Culvert Cleanng, WF #136883 -1 THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, in 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 INSTRUCTIONS 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 written 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 derived from the sale of such investments, or the negotiation of the City's warrants) except in accordance with the wntten instructions from the City Compliance with such instructions shall relieve you of any further liability related thereto Escrow No.: City of Port Angeles Contract No. CH -12 -019 Completion Date: 6 In the event the City orders you, in writing, 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 13 Rev. 8/30/2011 City of Port Angeles Engineering Office Public Works and Utilities Department 360- 417 -4700 REQUEST FOR INFORMATION (RFI) FORM ATTACHMENT "E" FORMS PROJECT NAME: PROJECT /CONTRACT NUMBER: ORIGINATOR: Owner Contractor ITEM: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION/REQUEST: DATE REPLY REQUESTED: ORIGINATOR SIGNATURE: COMMENTS: CH 12 019 Page 14 CRITICAL TO SCHEDULE: YES NO DATE: RFI Number: Rev. 8/30/2011 s cif' Project Name Contractor DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: 1. 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 Descnption RFI Qty Unit Cost Per Unit Cost Net Cost Adj Days No 1 Ong I 1 1 1 Rev I I I 1 1 I 2 OngI 1 1 I I 1 Rev I I I I I I ORIGINAL CURRENT EST NET CHANGE TOTAL CHANGE ORDERS, EST CONTRACT AFTER CONTRACT CONTRACT THIS CHANGE ORDER INCLUDING THIS ONE THIS CHANGE ORDER I 1 I 1 DAYS XX 1 DAYS YY 1 DAYS ZZ Amount with applicable sales tax included APPROVED BY: PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE. CH -12 -019 Page 15 CONTRACT CHANGE ORDER (CCO) NO. 1* Date Project No. 1 DAYS XX +ZZ -YY All work, materials 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 time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein, including delays to the overall project SIGNATURE: I* DAYS YY +ZZ DATE: Rev 8/30/2011 Continued on Page 2 CH -12 -019 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] 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. Page 16 Rev. 8/30/2011 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 CH 12 019 CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 Notary Public in and for the State of residing at My appointment expires Date Date Page 17 Rev. 8/30/2011 PROJECT: PROJECT NO.: CONTRACTOR: ADDRESS: AUTHORIZED OFFICIAL: DATE: CH -12 -019 Page 18 CERTIFICATION OF WORK COMPLETION AND ACCEPTANCE 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. Rev. 8/30/2011