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HomeMy WebLinkAbout000461 Original ContractThis Contract is made and entered into in duplicate this day of 2012, by and between the City of Port Angeles, a non charter code city of the State o Washington, Y g h' hereinafter referred to as "the City and Utilx Corporation, a Washington Corporation, 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. Scope of Work. The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: 2. Time for Performance 3. Compensation and Method of Payment. PUBLIC WORKS CONTRACT CABLE RESTORATION PHASE IV Project No. CL01 -2011 City of Port Angeles Record #000461 in accordance with and as described in this Contract and the Project Manual, which include the attached plans and scope of work, 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. 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 60 working days of Notice to Proceed, and said work shall be physically completed within 120 working days after commencing work, unless a different time frame is expressly provided in writing by the City. a. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, at the completion of work and submission of a detailed invoice. b. Payments for any alterations in or additions to the work provided under this Contract shall be on a negotiated time and materials basis in accordance with the Bid Schedule. If it becomes necessary or desirable to modify or to change the description of work by altering, adding to, or deducting from the work, or to add correlated work not previously covered by the Contract, the parties may, without invalidating the Contract, agree to a written Change Order signed by the parties. 4. Indenendent 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. Prevailing Wage Reauirements. 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 Attachment B 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 7. Insurance. termination of this Contract. 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: i. 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. 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 $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products completed operations aggregate limit. 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 as 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 contractors 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, 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 obtain 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. 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. 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. 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. 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. Manufacturer's Warranty a. Manufacturer's standard warranty shall apply, to cover not less than 20 years of continued cable operation after injection. 12. Contract Administration. This Contract shall be administered by JEff L.10 on behalf of the Contractor and by Terry Dahlquist, Electrical Engineering 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: Utilx Corporation 22820 Russell Road Kent, WA 98032 13. Interpretation and Venue. City: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 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: Utilx Corporation By: K Title: CITY OF PORT ANGELES: By: Attest: City Manager Approved as to Form City Atto ey KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, UtiIX Corporation as Principal, and Liberty Mutual Insurance Company a corporation, organized and existing under the laws of the State ofMassachusetts, 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 Eighty Four Thousand Three Hundred Ninety Seven and 32/100 ($84,397 32* }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 Houston 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 utdx corporation the above bounded Principal, a certain contract, the said contract being numbered CL01 -2011, and providing for Cable Restoration Phase IV (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, utdx Corporation 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. This bond excludes any and all warranties. Signed this 21st day of May Liberty Mutual Insurance Company Surety Margaret Buboltz, Attorney -in -Fact Title 175 Berkeley Street. Boston. MA 02116 Surety Address Claims Dent.. 617 357 -9500 Surety Contact and Phone Number PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond 022041638 Texas this 21st day of May 2012. UtiIX Corporation Principal 1 By S i m, 4Casc awr MCI Title Aon Risk Services Southwest. Inc. Agent Address 2012. r'. `.dl P., V i s)U Michael J. Herrod, 832 -476 -6000 Agent Contact and Phone Number 0 A g QFtA I'g 0 0 8 °0 n,) -17 0 1Ogtk 0 t� •flUSPOWER bf1bRNEYisN�AtIb SrISNfEb�NRED BA�6UWD ThIs Powerof:Aftomey.'Iimitsthe acts:otthosenamed:hereIn, and theyhave;noauthorItyto bInd:thezCompanyexcept:Inthe;mannerand tothe-s- E- BOSTONASSCHUSETTS- POWEROFArrORNEY. :m KN OWALL PERSONS BY THESE PRESENTS-That LthrtyMutual Ins ceCompny(the-Company")-aMsachsefts st�k uisiirance corpariy pirsuant to and by auth&iT'j &he By aw and Authontiorihereafter s'et fotiiidoes hereby name consttute and appoInt-MICEL J HERROD- .WENDY.WSTUCKEY; MARGAREBUB0L1Z LISAAWARDUTHERESkGARDNERKATHLEEN TE0 ach individually if theTe bmore thanonenarnedtttrue and IawfuI attorneyJfifact to rnake forand on its. behaIf as suety andj itsactanddeed anyand aILundertakingsbondsrecognizances andther suret Iig,nthe s uiTi z -IOL[ARS($1O0O0OOOOOO coi±nc?idother Lirety obIiat nOEruance of th ents shII if they had benduIysigned byte preidet and attested by the sectarfthe Company in their.pwn proper perons That this power is made and executed pursuant to and by authority of the foliowing By-law.and Authorization: ARTICLE XIIl Execution of Contracts: Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or .the president, and subject to such Iimitations as the 1- 1 chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may ba'n'e cessary to act in behalf of the Company to make, execute, seal, acknowledge anddeliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys- in-fact.- subjectto the limitations setforth in their-respective powers of attorney shall have full powerto bind the Company by their signature and U execution of any such instruments and to attach thereto the seal of the Company. Wheri so executed such instruments shall be as binding as if. n signed by the president and attested by the secretary. u By the foliowing instrumentthe chairman orthe president has authorized the officer orotherofficial named therein to appoint attorneys-in-fact: Pursuant (0 Article XPll, Section 5 of the By-Laws, David M: Carey, Assistant Secretary of Liberty Mutual lnsurance Company, is hereby authorized to appoint such attorneys-in-tact as may be necessary to act in behalf of Co thempany to make, execute, seal acknowledge and deliver as surety any, and all undertakings, bonds, recognizances and other surety obligations. Ai F- That the By-law and the Authorization set forth above are true copies thereof and -are now in full force and effecL Uj .2 IN WITNESS WHEREOF, this PowerofAttorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty E Mutual lnsurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 9tfl day of June LIBERTY MUTUAL INSURANCE COMPANY h1 IL David M. Carey, A'sistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY j On this 9th day of June 2011 before me, a Notary Public, personaily came OvirI M. Cr, t. me known, and w acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corp�ration; and that he executed theabovePower of Attomey and affixed the corporate seal of Liberty Mutual lnsurance Company thereto with the authority and at the direction of. said i IETIMONS,iiER -firtov�Witthn: c ?O13 BV oo 1 Men'br P A c c n Teresa Paste DNotary IubIic,_ -.J-theundersignedAssis erty Mutual Iur C6rnpanydi-yceFtify that th 'oinarpovrf attoThefofwhchef�eg�rns a fufl true and correct copy i ce and eff�,i on the'date of this certificate and 1 do further certify that the officer or official whexecuted thsaid power of attorney is anAssistant Secretary speciafly authonzed by the chairrnan or the p!iesldent to appoint att rneysinfactas provided in Article-Xlft-. -Sectin 5 ofth By Iawof Liberty Mujal Insurance Compiy.. -This certiflcateTandiheabove attorney may -Z --Z- zvoteof the, boardofdwectorsofLjberty Mutual Iurance Company at a meeting dty called and held ontheJ2thdayof arch VOTED that si hatuf a sthntcretaryofth _i__ qsubscnbed rnyjname:and:affixedEmy:notana1seaIat lyrnouth:Meetingennsyvana;-on:the.day:andyear co the STIMONYWHEREOF:I have- hereuntosubscribed my name;anaffixed corporateseaIofthe :saidcompahythis'J.. -_2dayoL=7 IT -Z77 DATE(MM /DD/YYYY) A R° CERTIFICATE OF LIABILITY INSURANCE 05/18/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston Tx Office 5555 San Felipe Suite 1500 Houston TX 77056 USA INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Uti1X Corporation INSURER B: 22820 Russell Road P.O. Box 97009 INSURER C: Kent WA 98064 USA INSURER D INSURER E I INSURER F: I COVERAGES CERTIFICATE NUMBER: 570046256544 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LFF LL I TYPE OF INSURANCE 1 rim S VWi I POLICY NUMBER 1 (MM/DD I (MMIDDY/YYYYII LIMITS A I GENERAL LIABILITY GLb454317 U3 /U1J2U12 U3 Ulf 2()13 EACH OCCURRENCE 1 51,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER I POLICY I X i PRAT n LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LAB OCCUR EXCESS LIAB CLAIMS -MADE IDEDI (RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR PARTNER EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below Y/N I N/A City of Port Angeles 321 East Fifth Street PO BOX 1150 Port Angeles WA 98362 -0217 USA CA 720 -49 -89 CONTACT NAME PHONE (NC No Ext): A DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project No.: CLO1 -2011, Cable Restoration -Phase iv. city of Port Angeles is included as Additional Insured vendor as required by written contract, but limited to the operations of the Insured under said contract, with respect to the General Liability ire and Auto Liability policies. General Liability and Auto Liability policies evidenced herein is primary and non contributory to other insurance available to an Additional Insured, but only to the extent required by written contract with the insured. A Waiver of Subrogation is granted in favor of Additional Insured as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE (866) 283 7122 I EACH OCCURRENCE AGGREGATE I FAX No (847) 953 -5390 INSURER(S) AFFORDING COVERAGE NAIC DAMAGE TO RENTED I $1,000,000 PREMISES (Ea occurrence) MED EXP (Any one person) $10,000 I PERSONAL &ADV INJURY 51,000,000 GENERAL AGGREGATE 51,000,000 PRODUCTS COMP/OP AGG $4,000,000 03/01/2012 03/01/20131 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I WC TORY LIMITS I I ER E L EACH ACCIDENT E L DISEASE -EA EMPLOYEE E L DISEASE- POLICY LIMIT ,s4 M` /G Vilit.(fGC, Y',. 4.,„4 $2,000,000 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NM