HomeMy WebLinkAbout2018-03-21 - Smith Excavation Inc - General Agreements / General Service Agreements - 2018-01CD-1
CITY OF EAST WENATCHEE
PUBLIC WORKS AGREEMENT FOR
2018 Small Stormwater Improvement Project stor Court and Ashland Avenue)
Contract No.
Contractor: SE, INC dba SMITH EXCAVATION
This Agreement is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON, a
municipal corporation hereinafter referred to as "City," and SE, INC dba SMITH EXCAVATION, a
Washington corporation, hereinafter referred to as "Contractor." This Agreement incorporates all
Contract Documents as set forth in Section 14 of this Agreement.
WHEREAS, the City desires to have certain stonmwater improvements constructed for its citizens; and
WHEREAS, the City has selected the Contractor to construct the stormwater improvements identified
herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, to be kept,
performed, and fulfilled by the respective parties hereto, and other valuable consideration, it is mutually
agreed as follows:
1. Scope of Work. The Contractor shall perform the Work outlined in the Contract Documents. In
performing this Work, the Contractor shall at all times comply with all federal, state, and local laws and
regulations applicable to the project. The Contractor shall perform Work diligently and completely.
Time is of the essence in the performance of the Work.
2. Compensation. The City shall pay Contractor according to Section t-09.9 of the Contract
Documents specifications and according to the rates set forth in the Bid Proposal dated February, 2018.
City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Bid
Proposal according to the Contract Documents as to time, manner, and condition of payment. The
payments to Contractor include the costs for all labor, tools, materials and equipment for the Work.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing upon execution by the last Party to sign this Agreement. The Work shall be completed
within time specified in the Bid Proposal.
4. Prevailing Wages; Retainage. Prevailing Wages and Retainage are addressed in the Contract
Documents.
5. Independent Contractor.
a. The Contractor and the City agree that the Contractor is an independent contractor with
respect to the work provided pursuant to this Agreement. The Contractor will solely be responsible for its
acts and for the acts of its agents, employees, subcontractors, or representatives during the performance of
this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto.
b. The City shall not be responsible for withholding or otherwise deducting federal income tax
or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the
duties of an employer with respect to Contractor or any employee of the Contractor.
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6. Bonding. Upon execution of this contract, as required by RCW 39.08, the Contractor shall
furnish a payment and performance bond in the full amount of the contract price, plus state sales tax,
which shall guarantee the faithful performance of the contract and the payment of all State of Washington
agencies as required by Ch. 60.28 RCW as well as all laborers, mechanics, subcontractors, and material
men and all persons who supply them with provisions and supplies for carrying out the work under this
contract. These performance and payment bonds shall be furnished by a corporate surety company
authorized to do business in the State of Washington, in a company acceptable to the City and on the form
attached hereto. The bond must specify that the surety agrees to be bound by the laws of the State of
Washington and be subject to jurisdiction of the state of Washington, and to venue in Douglas County,
Washington.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance as required in the Special Provisions 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, its agents, representatives, or employees. The requirements of this Section shall survive
termination of this Agreement
8. Successors and Assiens. Neither the City nor the Contractor shall assign, transfer, or encumber
any rights, duties, or interests accruing from this Agreement without the written consent of the other.
9. Discrimination Prohibited. The Contractor shall not discriminate against any employee or
applicant for employment, or any person seeking the services of the Contractor under this Agreement,
because of sex, age, race, color, religion, creed, national origin, marital status, sexual orientation, or the
presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational
qualification.
10. Notices. Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time to time by such
party), and given according to Section 1-05.15 of the Special Provisions. All notices shall be effective
upon the date of receipt.
To the City:
City of East Wenatchee
Tom Wachholder, Land & Water Resource Program Manager
271 Ninth Street NE
East Wenatchee, WA 98802
509-884-1829; fax: 509-886-6113
To the Contractor:
SE, INC., dba SMITH EXCAVATION
Brian Munson
P.O. Box 284
Cashmere, WA 98815
509.782.0446;fax 800.811.0924
11. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be exclusively in Douglas County, Washington. The substantially prevailing party
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in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the
judge hearing the case, and such fees shall be included in the judgment
12. General Administration and Management. The manager of this Agreement shall be Tom
Wachholder, Land & Water Resource Program Manager, with the Public Works Department or his/her
designee
13. Severability. Any provision or part of the Agreement held to be void or unenforceable under any
law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon the City and the Contractor, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as reasonably
possible to expressing the intention of the stricken provision.
14. Contract Documents. The Contract Documents (see definition of Contract in Standard
Specifications for Road, Bridge, and Municipal Construction 2018), set forth the terms of the contract
between the City and the Contractor, and are entered into by the acceptance of the Contractor's bid and
the signing of this Public Works Agreement. The Contract Documents also consist of all Appendices
attached hereto and all modifications or changes issued pursuant to the Contract Documents.
There are no Contract Documents other than those above listed. The Contract Documents may only be
amended by Change Order as provided in the Contract Provisions.
CITY OF EAST WENATCHEE
By:
Mayor
Date:
Attest:
—P7gbrec f itfl��2a �_
8 ZGY City Clerk
Approved as to form:
( -,0
City Attorney
Authorizing Resolution No.
SE, INC., dba SMITH EXCAVATION
By:
Title:
Date:
3 ` (' Sty
CITY OF EAST WENATCHEE
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�AAR 14 2018
Bond No: CSB0021250
RECEIVED CITY OF EAST WENATCHEE
By PAYMENT AND PERFORMANCE BOND
We, _ BE Inc.. dba Smith Excavation (Principal) and Contractors Bonding and Insurance Company (Surety), a
tillnnls corporation, and as a surety corporation authorized to become a surety
upon Bonds of Contractors with municipal corporations in Washington State, arejointly and severally
bound unto the City of East Wenatchee, Washington (Contracting Agency), in the penal sum of:
One Hundred Six Thousand Three Hundred Ninety Seven Dollars and 20/1 oo --- - Dollars ($ 106 397 7n ),
(Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly
to be made, on demand, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. This Performance B nd'sprgv' ad to secure the
performance of Principal in connection with a contract dated Z I GUI , 2018 , between
Principal and Contracting Agency for a project entitled 2018 Smal Stormwater Improvement Project
(Astor Court and Ashland Avenue), Contract No. ("Contract"). The initial penal sum shall
equal 100% of the Total Bid Price, including sales tax, as specified in the Bid Proposal submitted by
Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the said Contract, and shall
faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all
the undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of said Contract that may hereafter be made, at the time and in the manner therein
specified, and shall further save harmless and indemnify said City of East Wenatchee, Washington, from
any defect or defects in any of the workmanship entering into any part of the Work or designated
equipment covered by said Contract, then this obligation shall become null and void; otherwise, it shall be
and remain in full force and effect.
Said Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract or to the Work to be performed hereunder or to the
Contract Documents accompanying the same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alterations or additions to the terms of the
Contract or the Work or to the Contract Documents. Any such modifications or changes increasing the
total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Bond
in a like amount.
We agree to be bound by the laws of the State of Washington and to be subject to jurisdiction of the State
of Washington. We further agree to venue in Douglas County, Washington, for all demands, suits and
actions of any kind initiated under this bond.
If Contracting Agency shall commence suit and obtain judgment against the Surety for recovery
hereunder, then the Surety, in addition to such judgment, shall pay all costs and attorney's fees incurred
by Contracting Agency in enforcement of its rights hereunder.
No right or action shall accrue on this bond to or for the use of any person or corporation other than
Contracting Agency.
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IN WITNESS WHEREOF, the said Principal and the said Surety have caused this bond and three (3)
counterparts thereof to be signed by their duly authorized officers this 12th day of
March > 2018.
PrincipalAA �
By: ./� / Gregg Smith
ignature of Authorized Official
ATTEST: (if Corporation)
M
Signature
Title: President Title:
Printed Printed
e veC� 4G up�mmmmmmm
Surety: 5�� Name arilIdress of local office/agent of
B ��/ Surety is:
Y:
Gt.Gl-e-y ` Q Mithrrll Rrrd .6 SrhmiHrn me manrr 7nr
M
of Authorized Official
L
Attorney in Fact
(Attach Power of Attorney)
Appro ed As To Form: ,/ , �& j&
Attorney
194 F I*q, Rd, Cte 101� Wemtrhep- WA 99901
S.— /! i
Surety companies executing bonds must appear on
the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard
Specifications.
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Lori L. Reed, Craie Field. Diana Paulus, Brent E. Schmitten, Sheri L. Norris, Tamm L Mitchell Sheila Walch. iointly or severally
in the City of Wenatchee , State of Washington its true and lawful Agent(s) and Attomey(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 1 for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WIIEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of
October 2017
,,,,,,,,,,,,,RLI Insurance Company
` ...
AND, ,y `, yppNCF op Contractors Bonding and Insurance Company
= : e PYOIyr •';Tt.%y V / • / r
yo: SEAL; i•SEAL:' By. Barton W. Davis Vice President
.
State of Illinois l kt,NoO °'�ItI •�t5.
)} SS �..nuN...10 •
County of Peoria CERTIFICATE
On this 6th day of October . 2017 . before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or
personally appeared Barton W. Davis . who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify
acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is
officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as
Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony
act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI
Insurance CompaM and/or Contractors Bonding and Insurance
Companythis l_X day of .2rhiR .
By: t A.(.T AJ4't, �, Li#'K*
Gretchen L..lohnigk ° Notary Public
RLI Insurance Company
Contractors Bonding and Insurance Company
By: I GNC � •
Jean M 0
tephenson V Corporate Secretary
4675472020212 A0058817