The URL can be used to link to this page

Home My WebLink About13-11 West Coast Signal, Inc.CITY OF Peter B. Lewis, Mayor ADBuRN WASHIINGTON 25 West Main Street * Auburn WA98001-4998 * www.auburnwa.gov * 253-931-3000 September 20, 2013 CERTIFIED RR REQUESTED West Coast Signal, Inc. 20111 208th Avenue SE Renton, WA 98058 NOTICE TO PROCEED RE: Project #MS1307, 29t" Street SE & A Street SE Signal #131 Repairs, Contract #13-11 You are hereby notified to proceed as of September 27, 2013 with the work on the above -referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. This project has 20 working days for completion. If you have any questions, please contact the City Inspector for the project, Todd O'Brien at 253-804-5081 or the Contract Administration Specialist JoAnne Andersen at 253-931-3012. Sincerely, Dennis Selle, P.E. City Engineer/Assistant PW Director Department of Public Works DS/ja/jc Enclosure cc: Dani Daskam, City Clerk Jai Carter Street Systems Engineer Todd O'Brien, Project Inspector File 13.11 (MS1307) AUBURN * MORE THAN YOU IMAGINED SMALL PUBLIC WORK CONTRACT NO. 13-11 Project No. MS1307, 29"' Street S.G. & A Street S.G. Signal #131 Repairs 'If11S CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation ("City"), and West Coast Signal, Inc., ("Contractor"), whose mailing address is 20111 208°i Avenue SE, Renton, WA 98058,. The parties agree as follows: I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools, materials and equipment for the construction of Project No. MS1307, 29°i St SE & A St SE Signal # 131 Repairs in accordance with this Contract form;. The major items of work include the removal of the existing traffic signal cabinet and foundation, construction of one new signal / power supply cabinet foundation, installation of a new City provided traffic signal cabinet and Brownsfield battery backup power supply cabinet, installation of new signal conductors and transfer of existing conductors to existing signal poles, completion of all necessary trenching, conduit installation, wiring, and restoration of the surrounding area disturbed during construction. The work is shown on the attached Contract Plans entitled "291h St SE & A St SE Signal # 13 1 Repairs" Sheets I and 2; the attached Exhibit I entitled "Exhibit 1, City of Auburn, and WSDOT Standard Details" ; City of Auburn Special Provisions; and the 2012 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction which is by this reference incorporated herein and made a part hereof. The complete Contract includes the following parts, which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Addenda B. Quote Proposal Form C. Small Public Work Contract D. City of Auburn Special Provisions E. Contract Plans: "29'h St SE & A St SE Signal # 131 Repairs" Sheets 1 and 2 F. Exhibit I, City of Auburn and Washington State Department of Transportation Standard Details G. Invitation to Submit Quote 1-1. 2012 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 1. Washington State Department of Labor & Industries Prevailing Wage Rates and Benefit Key Code effective August 23 2013. SMALL PUBLIC WORK CONTRACT NO. 13-11-8/12/13Page 1 of 13 On the Contract plans, working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. hi case of any ambiguity or dispute over interpreting the Contract, the City Engineer's decision Will be final. IL CITY OF AUBURN BUSINESS LICENSE 12EQUIRED. In order to clo business in the City of Auburn, you are required to have a current City of Auburn business license. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn business license. 111. NOTICE TO PROCEED: A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City, and all required documents as set forth in this Contract and all requirements as set forth in the award letter have been met. IV. TIME OF COMPLETION. The Contractor shall complete the work within 20 working days from the date of issuance of the City's Notice to Proceed. V. HOURS OF WORK. Normal working hours for the Contact shall be any consecutive 8- hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday. Traffic Signal interruptions or lane closures shall only be allowed Tuesday through Thursday between the hours of 9:00 am and 3:00 pm. If the Contractor desires to perform work on holidays, Saturdays, Sundays, or between lire hours of 6:00 p.m. and 10:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer two (2) working days prior to the day for which the Contractor is requesting permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Permission to work between the hours of 10:00 P.M. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements, as indicated in Auburn City Code Chapter 8.28.010 entitled "Noise Control." if the Contractor desires to work during restricted times, the Contractor shall submit a written request to the Engineer fourteen (t4) calendar days prior to the day for which the Contractor is requesting permission to work. The written request will include specific days and times and description of work to be performed and fire reasons the work cannot be performed cluring the normal how's of work The City reserves the right to grant or deny any such request at its sole discretion. If approval is granted, it may be revoked at any time the City receives complaints liom the public or adjoining property owners regarding the noise from the Contractor's operations. The Contactor shall have no claim for clamages or delays should such pennission be revoked for any reason. SMALL PUBLIC WORK CONTRACT NO. 13-1 t-8/12/13t'age 2 or13 VI. COMPENSATION. The Contractor shall do all work and furnish all tools, materials, and equipment for the work and services contemplated in this Contract for the lump sum price of hventy-two thousand eight hundred thirty-nine dollars and sixteen cents ($22,839.16). "fhis project is subject to use lax, which shall be included in the lump sum price stated on the Quote Proposal Form. Our sales tax area is 1702 for Icing County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. A. Performance Bond. The Contractor shall furnish the City with an executed performance bond for the Full Contract amount oftwenty two thousand eight hundred thirty-nine dollars and sixteen cents ($22,839.16). B. Retaina_e. The City shall hold back retainage in the amount of live percent (5%) of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non -interest bearing account, have it placed in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of forty-five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid I'or the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs, from any and all amounts clue or to become due the Contractor. D. Final Payment: Waiver ofClaims. 'Fhemaking ofFiinalpayment (excluding withheld retainage) shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. SMALL PUBLIC WORK CONIRAC'r NO. 13-11-8/12/131'age 3 of 13 Vll. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Contract, the City being interested only in the results obtained under this Contract. V111. SUBCONTRACTING. Work done by the Contractor's own organization shall account 1'or at (cast thirty(30) percent of the awarded Contract price. 13efore computing this percentage however, the Contractor may subtract (from the awarded Contract price) the costs of any subcontracted work on items the Contract designates as specialty items. 'file Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the 1-orm the City provides. If the City requests, the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works) and to furnish all certificates and statements required by the Contract. As stated in Section VI, "Compensation," no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. Along with the request to sublet, the Contractor shall submit the names of any contracting Firms the subcontractor proposes to use as lower tier subcontractors. Collectively, these lower tier subcontractors shall not do Nvork that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a Specific structure or structures, the following work may be performed by lower tier SubeOntraIC(OI S without being subject to the 25 percent limitation: A. Furnishing and diving of piling, or 13. Furnishing and installing concrete reinforcing and post -tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the Sallie requirements aS subcontractors. 'file City will approve the rcqucst only if satisfied with the proposed subcontractor's record, equipment, experience and ability. Approval to subcontract shall not: I. Relieve the Contractor of any responsibility to carry out the Contracl. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor, or d. Convey to the subcontractor any rights against the City. "file City will not consider as subcontracting: (1) purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete, off -site fabricated structural SMALL PUBLIC WORK CONIRAC F NO. 13-11-R/12/13Pagc 4 of 13 steel, other off -site fabricated items, and any other materials supplied by established and recognized commercial plants; or (2) delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However, the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontl'acted work, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a third - party beneficiary to the Contract between the City and the Contractor. IX. TERMINATION. The City may tenninate this Contract for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. -fhe Contractor's refusal or lailure to supply a sufficient number of properly -skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the hvork within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged banlu'upt. After all the work contemplated by the Contract has been completed either by the Surety or the City, the City will calculate the total expenses and damages for the completed work. ]f the total expenses and damages are less than any unpaid balance duc the Contractor, the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to, the City on demand. X. PREVAILING WAGES. Contractor shall File if "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the quoto submittal due date is by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is SMALL PUBLIC WORK CONTRACT NO. 13-1I-8/12/13Page 5 of 13 received by the City. Retainage shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been approved by the Stale Department of Labor & Industries, and is received by the City. XI. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to an authorized agent of the City within fifteen (15) ealenclar clays of the elate the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. I Iowcver, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment, the Contractor nnlst complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a change order, another written order, or an oral order fiom the City; including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fifteen (15) calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. ']'lie nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. SMALL PUBLIC WORK CON"tRACT NO. 13-11-8/12/131'aV 6 of 13 The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). XIL CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XLA of this Contract. If resolution cannot be reached under Section XI.A, then the Contractor shall give wi itten notice to the City of all claims other than change orders within fifteen (15) calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of time, whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract; or if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar clays from the date the Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section XLA. SMALL PUBLIC WORK CONTRACT NO. 13-11-8/I2/131'age 7 of 13 Failure to provide a complete, written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event, File any claim or bring any suit arising from or connected with this Contract within forty-five (45) calendar days from the date the Contract work is complete. XIII. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's acceptance ol'Ihe Contract wort: shall be con'ccted by the Contractor. When defects are corrected, the warranty for that portion of the work shall extend for one vear from the dale such correction is completed and accepted by the City. 'rhe Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. Ifthe Contractor does not accomplish the corrections within a reasonable time, the City may, complete the corrections and the Contractor shall pay all costs incurred by the City, in order to accomplish the correction. XIV. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and 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 tile City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competentiurisdiction 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, agents 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 this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually ❑cgotiated this waiver. "file provisions of this section shall survive the expiration or termination of this Contract. XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or dannagc to property that may arise from or in connection with the perfornnance of the Contract work hereunder by the Contractor, its agents, representatives, employees or subcontractors. SMALL PUBLIC AA'ORK COM RACT NO. 13-11-8/12/13Pa�c 8 of 13 Before beginning work on the project described in this Contract, the Contractor shall provide a Certificate of Insurance evidencing the coverages listed below. The policies of insurance for general, automobile, and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers, elected officials, employees, agents and volunteers, and any other entity specifically required by the Contract Provisions, as additional insured(s). A. Automobile Liabilitv insurance covering all owned, non -owned, hired and leased vehicles with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. 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. B. Commercial General Liability insurance WritIC11 With limits no less than $1,000,000 each occurrence, $2,000:000 general aggregate, and a $2,000,000 products -completed operations aggregate limit. Coverage 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 provicle the Aggregate Per Project Endorsement form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from esplosion, collapse or unclerground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy, with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage 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. SMALL PUBLIC WORK CONTRACT NO. 13-11-8/12/ 13Pnge 9 of 13 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) clays prior written notice by certified mail, return receipt requested, has been given to the City. E. 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 structmeS, scaffolding, and protcctivc fences. F. Waiver of Subrogation. The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for clamages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to Section XV of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. G. Acceptability of Insurers. Insurance is to be placed with authorized insurers in Washington State with a current A.M. Best rating of not less than A-:VII. H. Verification of Coverage. Contractor shall furnish the City Nvith 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. I. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtains and maintains at a nlininuun, the insurance coverages listed in this section. Upon request of the City, the Contractor shall provide evidence of such insurance. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the rightto receive a certified copy of all the required insurance policies. XVI. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not, by reason of race, religion, color, sex, sexual orientation. national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. 13. Compliance with Laws. The Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Contract. SMALL PUBLIC APORK CONTRACT NO. 13-1I-8/12/131'ave 10 of 13 C. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held tar use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. Governing Law. This Contract shall be governed and construed in accordance xvith the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract, resolution of that dispute shall be available only through thejurisdiction, venue and rules of the King County Superior Court, King County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in (his subsection shall limit the City's right to indcuulification under Section 10 of this Contract. G. Written Notice. All conmiunications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. 1-1. Assignment Any assignment of this Contract by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification ofany of the provisions ofthis Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this Contract are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. K. Entire Contract. The written provisions and terms of this Contract, together with any referenced documents and attached Exhibits , supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part. SMALL PUBLIC WORK CONTRACT NO. 13-11-8/12/13Page I I of 13 of or altering in any manner this Contract. This Contract, referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should nny language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract, the terms of this Contract shall prevail. SNIALL PUBLIC APORK CON IRACT NO. 13-11-8Q2/13Pa,,e 12 of 13 IN WITNESS WHEREOF, the pailies below have executed this Contract. WEST COASTSIGNAL, INC. v t, (Signature) By f � Q!,e/ Mt/ CIO C d (Print name here) Its PgcsibEA)% (Authorized representative) DATE: Contractors State License No. WESTCCS9928G State Tax Registration (U131) No. 603 149 602 Federal Tax1D #45-3619669 Notices to be sent to: WEST COAST SIGNAL, INC. Attu: Jon Mogensen 201 1 1 208`1i Avenue SE Renton, WA 98054 Phone: 206-595-6656 Pax: n/a E-mail: moge a westcoastsignal 11'I-IT 'ITT -OF -AUBURN (Signature) By Peter 13- Lewis Its Mayor DATE: �Q =pr,.., �1,Iz7 620E — 1 Notices to be sent to: CITY OF AUBURN Attn: Jai Carter 25 West Main Street Auburn, WA 98001 Phone: 253-804-5086 Fax: 253-931-3053 E-mail: jearteraauburnwa.gov ATTEST: Danielle-E. Daskalr City Clem A OV 'S TO FORM Danie id, City ttorncy SMALL PUBLIC WORK CONTRACT NO. 13-11-8/12/131'age 13 of 13 c CONTRACTBOND CONTRACT NO. 13-11 BOND NO. 10004043 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, West Coast Signal, Inc., 20111 208"' Avenue SE, Renton, WA 98054, as principal, and American Safety Casualty Insurance Company , a corporation, organized and existing under the laws of the State of Oklahoma as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with numicipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of twenty-two thousand eight hundred thirty-nine dollars and sixteen cents ($22,839.16), for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this zy day ofv t�.�22.% 2013. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 6°i day of September, 2013 let to the above bounden principal a certain Contract. The said Contract being numbered 13-11 and providing for the construction of Project No. MS 1307 , 29°i Street SE and A Street SE Signal #131 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 above bounden principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work, and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above -referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25%) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance, THEN and in that event this obligation shall he void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument this 12th day of September , 2013. l We a o st S gnt , Inc., rincipal American Safety Casualty Company Surety By rz L.,v av— Karen Swanson Attorney in Fact Propel Insurance P. O. Box 2940 WA 98401 253-759-2200 Resident Agent's Address & Phone Number PsiPOWER OF ATTORNEY Number 10004043 Astearux5AFmhvsuir i KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoints Karen Swanson, TACOMA, WA its true and lawful attorney -in -fact. for it and its name. place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided thatrwbond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $1,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 25[h day of April, 2012. RESOLVED, that the President in conjunaion with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizanoes, and suretyship obligations of all kinds: and said officers may remove any such attorney -in - fact or agent and revoke any power of attorney previously granteo to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance. or suretyship obligation snail be valid and binding upon the Company: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is requireo) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President of Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duty authorized attorney-in•fact or agent: or (N) when duty executed and sealed (if a seal is required) by one or more attorney -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certnicatlon thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safely Casualty Insurance Company has caused bs official seal to be signed by its President and attested by its Secretary this 25m day of Apht, 2012. Attest: Cl Ambuj Jain STATE OF GEORGIA COUNTY OF COBS and mesa presents to be On this 251h day of April, 2012. before me personally came Joseph D, Scol IIIr t to coo known, who, being by me duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company �. (fdp escnbed in and which executed the above instrument: that he knows the seal of the sald corporation; that the seal affixed to the s ',r ,�- orporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto t S10N<',•. 99 G Y YA;'.� i Zrm a MAR. �/ t 2016 8enson Lee Ja ress.public Co.. '11it1I, the undersigned, Secretary ryof American SafetyCasualty Insurep %y. aln Oklahoma corporation, 00 HEREBY CERTIFY, that the foregoing and anached Power of Attorney remains in full force and has not been revoked; and furthermore trial the Resolution of the Board of Directors, set forth in the said Power of Attorney. is now in force. w4 Signed and sealed in the City of Atlanta. in the State of Georgia va,b S�Llz4 Dated this _aday of '�u( Ambuj Jain �LJ9�r� f� Page I ol'2 A Search > AMERICAN SAFETY CASUALTY INSURANCE COMPANY AMERICAN SAFETY CASUALTY INSURANCE COMPANY General I Contact I Licensing i Appointments. I Complaints I Orders I National Info I Ratings Back to Search I General information Contact information Name: AMERICAN SAFETY CASUALTY INSURANCE COMPANY Corporate family group AMERICAN SAFETY HOLDING GRP vmarismisY Organization type: PROPERTY WAOIC: 1291 NAIC: 39969 Status: ACTIVE Admitted date: 12/14/1982 Ownership type: STOCK back to top Registered address Mailing address 201 Robert S Kerr Ave 100 GALLERIA PKWY SE Suite 600 STE 700 Oklahoma City, OK 73102 ATLANTA, GA 30339 Telephone Telephone 770-916-1908 770-916-1908 Types of coverage authorized to sell ,,hat gmis? Insurance types Casualty Marine Property Surety Vehicle 4 back to top Agents and agencies that represent this company (Appointments) What ISthIS7 View agents I View agencies T back_to top Company complaint history wbatI this? View complaints n back,t0 tOp Disciplinary orders 2008-2013 what.'= hs? No disciplinary orders are found http://www.insurance.Nva.gov/consumcrtoolkil/Company/CompanyProfilc.aspa?WAOIC=1291 9/17/2013 Page 2 of 2 Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. -- back, to top National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. pack, to top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. FA . Best Weiss Group Ratings Standard and Poor's Corp Moody s Investors Service Fitch IBCA, Duff and Phelps Ratings back to top http:/flvn,xv.insurance.wa.gov/consumertoolkit/Company/CompanyProl itc.aspx?WAOI C=1291 9/17/2013 Best's Credit Rating Center - Company Information for American Safety Casualty Insurance Co Page I of 2 American Safety CaSllalty InSUrance Co 6b Print this Page (� A.M. Best N: 003295 NAIC N: 39969 FEIN k: 582056755 Address: 100 Galleria Parkway, S.E. Suite 700 Atlanta, GA 30339 U'Jed States Web: www. amsafedy earn Phone: 770-916-1908 Fax 770-916-0618 Based on A.M. Best's analysis, 086147 - American Safety Insurance Holdings. Ltd is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings View all of the companies assigned this rating as a part of an AMB Rating Unit. Best's Credit Ratio Analyst Financial Strength Rating_View Definition Rating: A u (Excellent) Affiliation Code: g (Group) Financial Size IX (5250 Million to 5500 Category: Million) Implication: Developing Action: Under Review Effective Date: June 05, 2013 Initial Rating Date: June 13, 1994 u Denotes ruder Revaw eest's pullm Lon -Term Issuer Credit Ratinq View Definition Long -Term: a u Implication: Developing Action: Under Review Effective Dale: June 05, 2013 Initial Rating Date: September 29, 2006 Assigned to iR.W fil pF R"'9 companies nesT that have, in l A M cceWint - our opinion, an excellent ability to meet their ongoing insurance obligations. Office: A.M. Best Company, Oldwick NJ Senior Financial Analyst: David S. Blades Assistant Vice President: Henry K. Witmer, CPCU, ARM-E Reports slid News Visit Best'a News and Analysis site for the latest news and press releases for this company and its A.M. Best Group. AMB Credit Report- Insurance Professional - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data, Report Revision Date: 7/15/2013 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional Archive. t Best's Executive Summary Reports (Financial Overview)- available in three versions, these presentation style reports feature balance sheet, income �-� statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2013 Best's Statement File - P/C, US Contains data compiled as of 911012013 Duality Cross Checked. Single Company -five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays bath the average and total composite of your selected peer group. �Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in the most current edition of ., Best's Key Rating Guide products. (Quality Cross Checked). Financial and Analytical Products Best's Insurance Reports - Online - P/C, US & Canada Best's Key Rating Guide - PIC. US & Canada Best's Statement File - P/C. US Best's Executive Summary Report - Composite - Propertv/Casualty Best's Executive Summary Report - Comparison - Property/Casual( Best's Statement File - Global Best's State Line - Pi US Best's Regulatory Center Market Share Reports Best'a Corporate Changes and Retirements- PIC. US/CN Best'a Insurance Expense Exhibit OEE) - P/C. US Best's Schedule P (Loss Reserves) - P/C. US Best's Regulatory Center Best'a Schedule D (Corporate Bonds)- US Best's Schedule D (Common Stocks',- US Best'a Schedule D (Municipal Bonds)- US llttp://www').anlbest.conl/i-atiilgs/entities/Se,ircliRcsults.aspx?AI tSi-c=9 9/ 17/2013 Best's Credit Rating Center - Company Information for American Safety Casualty Insurance Co Page 2 of 2 Best's Schedule F (Reinsurance) - P/C US Best's Schedule OA (Short Term Investments) - P/C 8 L/H. US European Union Disclosures A M. Best Company and its subsidiaries are not registered as Eternal Credit Assessment Institutions (ECAI) In the European Union (EUT Credit ratings issued by A . Besl Company and Its subsidiaries can not be used for regulatory purposes in the EU as per Directive 2006148/EC. Australian Disclosures A Id. Best Credit Ratings are statements of opinion and not statements of fact They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make iavestmenVpurchasing decisions. A.M. Best Asia -Pacific Ltd is registered as a Cred It Rating Agency in Australia and holds a F'mancial Services Licence number 411055 under the Corporations Act of 2001. A Id. Best Asia -Pacific Ltd credit ratings and any other related research are not intended for and must not be distributed to any person In Australia other than a wholesale client, as defined In the Corporations Act of 2001, Chapter ]. The A.M. Best websites are not intended for use by Australian users who are not defined as wholesale users. Important Notice'. Best's Ratings reflect Our independent opinion, based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are neither a warranty of a company s financial strength nor its ability to meet Its financial obligations, including those to policyholders. View our entire natice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A M. Best I Site Map I Privacy Policy I Security I terms of Use I Legal E Licensing Copyright 02013 A . Best Company, Inc. ALL RIGHTS RESERVED. A . Best Worldwide I leadquarters, Ambest Road Oldwick, New Jersey, 08858, U.S.A. littp://\vw\v3.ambest.com/ratings/entities/Seai-cliRcsults.aspx?AltSrc=9 9/17/2013 WASHINGTON Escrow Agreement For Retainage Declined West Coast Signal, Inc., 20111 2081h Avenue SE, Renton, WA 98054 (CONTRACTOR) acknowledges that they have been offered the option of setting up an escrow agreement for their retainage on Contract No. 13-11, Project No. MS1307, 29th Street SE and A Street SE Signal #131 Repairs. The CONTRACTOR declines to set up an escrow agreement and understands that the City will hold the 5% retainage with no interest until the project is complete, accepted by the City, and all releases and liens have been satisfied. Authorized(Signature +�I-Ky 1LA06E&J56K-) Print or Type Name / 1i2Lsio'Elo; Title Date File: 13.11 (MS1307) AUBURN * MOIiE THAN YOU IMAGINED