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HomeMy WebLinkAbout09-137 - Construct Company LLC - Codiga Park ConstructionCity of Tukwila Change Order: PROJECT: Codiga Park Construction 12529 50th Place South Tukwila, WA 98168 CONTRACTOR: Construct Company, LLC 1621 Pease Ave. Phone: 253 826 2050 Sumner, WA 98390 FAX: 253 826 2048 ACCEPTED: ARCHITECT SLA Landscape Architecture 18825 SE 164th Street Renton, W ASS BY: Title: DATE: 3 i) 3 CONTRACTOR Construct Co. LLC. 1621 Pease Ave. Sumner WA 98390 1 BY: 9e1 Titlev DATE: 3- (0 /0 Attach Work Change Directive, Change Order Request forms and shop drawings accordingly. CC: Owners Representative; Landscap Architect; file. Project Account Contract Change Order Date: Project Number: Contract Date Contract Start Date Original Contract Substantial Completion Date Amended Contract Substantial Completion Date Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. the rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The contractor Must Submit all Field Overhead and Horne Office Overhead rates for approval in advance of all Change Orders. The contract is changed as follows: 1. Release Construct Company, LLC from the responsibility of connecting the power from the east side of 50th Place South, to the park construction site on the west side of the street. This change in the scope of work will be credited back to the City. Construct Company, LLC will still do all other electrical work as specified in the plans, specifications, and bid packet. 2. Swap the interpretive signage for installing extra fencing and credit the City the difference. SUBTOTAL Overhead Mark Up 15% SUBTOTAL'$ TAX The original (Contract Sum) not including tax Tax on original Contract Sum Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be or Decreased in the amount of The Contract Time will be Increased or Decreased by 'Zero (0) Working Days The date of Substantial Completion as of the date of this Change Order therefore is March 26, 2010 The NEW Contract Sum is: The NEW Contract tax is: TOTAL CONTRACT with tax is: BY: IsStr\o-- 09 Council Approval N/A s CITY City of Tukwila 12424 42nd Ave South Tukwi WA 981 8 #2 301.00.594.760.62.50 09 -137 03/10/2010 98- DR06- CODIGA -09 08/18/2009 09/18/2009 01/15/2010 03/26/2010 Plus or (Minus) (1,200.00) TOTALIJ $1,449.71 dt Mav o TE '14A: t oro (123.94) (1,323.94) (1,323.94) (125.77) 223,089.00 21,193.46 223,089.00 (1,323.94) 221,765.06 21,067.68 242,832.74 We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. 1 City of Tukwila PROJECT: Codiga Park Construction 12529 50th Place South Tukwila, WA 98168 CONTRACTOR: Construct Company, LLC 1621 Pease Ave. Phone: 253- 826 -2050 Sumner, WA 98390 FAX: 253- 826 -2048 Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. the rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The contractor Must Submit all Field Overhead and Home Office Overhead rates for approval in advance of all Change Orders. The contract is changed as follows: Plus or (Minus) 1. A ten week extension of the contract between the City of Tukwila and Construct Company, LLC 0 for the completion of electrical work at Codiga Park due to Seattle City Light's Engineering process. Cost for the electrical connection work is unknown at this time and will be addressed when connection plan is solidified with Seattle City Light. ACCEPTED: ARCHITECT SLA Landscape Architecture 18825 SE 164th Street Renton, WA BY: Title: Teas-cf.-if"— DATE: t IL3 /ZA3t' CONTRACTOR Construct Co. LLC. 1621 Pease Ave. Sumner, A 98390 BY: 4 Title: fJ }r cd ecr 42cineu Erz Original Contract Substantial Completion Date Amended Contract Substantial Completion Date Attach Work Change Directive, Change Order Request forms and shop drawings accordingly. CC: Finance Department (w /encumbrance); Owners Representative; Construction Architect; file. 0 1 3 6 rt Change Order: #1 09- 137(a) Council Approval N/A Project Account 301.00.594.760.62.50 Contract 09 -137 Change Order Date: 1/5/2010 Project Number: 98- DR06- CODIGA -09 Contract Date 8/18/2009 Contract Start Date 9/18/2009 1/15/2010 3/26/2010 SUBTOTAL Overhead Mark Up 15% SUBTOTAL TAX TOTALJI 0 The original (Contract Sum) not including tax Tax on original Contract Sum Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be Increased or Decreased in the amount of The Contract Time will be Increased or Decreased by 1Fifty (50) Working Days The date of Substantial Completion as of the date of this Change Order therefore is March 26, 2010 The NEW Contract Sum is: The NEW Contract tax is: TOTAL CONTRACT with tax is: CITY City of Tukwila 12424 42nd Ave South Tukwila, WA 9816,8 BY: T Mavor DATE: 13 t ATE: l// 3 /iv 221,751.00 21,066.35 221,751.00 221,751.00 21,066.35 242,817.35 We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. et, xr Contract No09 137 Agreement Council Approval 7/6/09 This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Construct Co., L.L.C.. hereinafter referred to as "the Contractor whose principal office is located at 1621 Pease Ave., Sumner, WA 98390 WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described in the Codiga Park Construction Bid Documents, Technical Specifications, Plans, and Bid Proposal (Exhibit A) attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Comnensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $223,089.46 plus tax, except amended by change orders. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period of 120 calendar days from the date the Notice to Proceed is issued, except amended by change orders, unless sooner terminated under the provisions hereinafter specified. The scope of work under this Agreement shall be completed within the time specified in the Exhibit A attached hereto and incorporated herein by this reference. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. 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 the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behaif of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 8/21/2009 Page 1 of 2 7. Insurance. The Co shall procure and maintain i n full force throughout the duration of the Agreement insurance coverage as set forth on Exhibit A attached hereto and incorporated herein by this reference. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule and to requirements set for in Exhibit A attached hereto and incorporated herein by this reference may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement and Exhibit A attached hereto and incorporated by reference contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Applicable Law; Venue: Attorney's 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 properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this Ig day of ti c, nS 2009 CITY OF TUKWILA CONTRACTOR: Co n L-.<j LLC By: T Jim Ha gyl }�l, Mayor :A25 /b ATTEST /AUTHE NTICATED: APPROVED AS TO FORM: Office of the City Attorney By: 8/21/2009 Christy O'Flaherty; CMC, CJJy Clew By:1�.� I Title: Pre( r cLe�'C Printed Name: (1-4 v 0c 9... Address: (l�,Z� PQc Su en n 4 ■Wl 9M10 Date approved by City Council: July 6, 2009 Page 2 of 2 To the Mayor and City Council City of Tukwila, Washington PROPOSAL (Lump Sum) Exhibit A P -1 Contractor's Name 1, 1�uci yo. i I Contractor's State License No. g City of Tukwila Project No. 98- DR06- CODIGA -09 The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled CODIGA PARK CONSTRUCTION, which project includes but is not limited to parking lot with ingress and egress, road shoulder improvements, paths, demolition, clearing and surface grading, paving, irrigation, deck and shelter construction, hydroseeding, planting, and other work necessary to complete the Work as specified and shown in the Contract Documents; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one bid bond or cash, cashier's check, certified check, or postal money order made payabl to the City of Tukwila equal to five percent (5 of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within one hundred twenty [120] calendar days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1 -08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. Page 10 Proposal Dr.■,,irtoa t., 1NA Inr Fnr I icanP Cnnditinns Aoreement see www.bxwa.com Always Verify Scale CODIGA PARK CONSTRUCTION BID SCHEDULE REVISED Project No. 98- DR06- CODIGA -09 Note: Prices for all items, all extensions, and the total amount bid must be shown. Show prices in both words and figures (ink or typed), and where conflict occurs, the written or typed word shall prevail. Where conflict occurs between the item price and the total amount specified, the item price shall prevail, and totals shall be corrected to conform thereto. Item No. Item Description Unit BASE BID 1 Mo ilizatio f I -Yj 8O3 :00 �j I V pee- s�nt_s (I L! f hi, cearS tdhd eve a/-k5 and /100 2 Erosion/ Sediment Pollution Control d,:;ilav� ate, rev C s 3 I Clearing and Grubbing 6 7 8 9 10 11 ewalks apd Path ays L Plant Purchase ct iftciv' Dollars e and /100 Dollars zz5.CO uJ (i ousc,c1 'j -l.v� �E,c t c a -{(,mac 11 and /100 Ce Dollars 4 I Topsoil 1 ,vu I Wei. h{--ei t-�(- cu 1 �i� 1L �c1 L and /100 r c l i t�V" Dollars 5 Irrigation I /7. 1a0 00 �is2 vt�--C Ol cS o i t f 'll<� and /100 S odu Ci_oi iG vc n i r� 22e vV; p s� 3 Dollars Elctrical I 1 &'Z r� S 0. i TkU tit( d and /100 Dollars Parking' Lot 134 994 .c)tJ 41.�— A-;-v GR.4 SG �ii�� a and /100 Dollars Extruded Curb Tick) Lk) ei'�C'�C7nd c�1 L�Ct�L�'l�C1�Y�CJ d kik] and Striping and Wheel Stops C/ t( v 4 4 2) co. 0 ALA c' e G and /100 v•-g- �/-v1I d-b t'La v� c: c cj i ev. c Dollars /100 y /100 Dollars I 5 7g t)J A grid /100 Dollars a h LS LS LS LS LS LS LS LS LS LS Page 2 Bid Schedule Revised r,..a� r.. ...V IA/ n i.. c r„n.li+i,sno Anrcorncn+ePP ‘AAAAAI I^11m AIWA\/C Varify Sr' IP Amount Ls=jl) (O, 00 00 2: 03 03 1, -0 00 4 3 `I` 0 110 3c) 0C a CODIGA PARK CONSTRUCTION BID SCHEDULE Project No. 98- DR06- CODIGA -09 Item No. Item Description Unit Amount 12 Plantin ggInstallation T A �4 e a L-d C:„\-z_ kut..d Ld e a/4 ld v j a. --d 2 VC- G2r.1 13 Road Shoulder Te eLES&t ct tttQvjC0 e mac: C.e v 14 Fence Alt 1 2', W3. LS and /100 Dollars /0 000 0 LS and /100 Dollars 11 4 1(/-e-e_ CA-AS x' L vt_c_i and /100 int t c\-t4 k C t-°S ✓v C Dollars 15 Hydroseeded Turf I, 14-7.00 LS .v et c .S �d hi,L�(t e and /100 -(4 A QV ai ac l v& C:.vva. `t e (t2 S Dollars 16 Interpretive Signage 1 32), 60 LS owi,,a LC{ rAk trqd 6 i,e and /100 C l i c e C v4 2v C L Dollars IN NUMBERS: TOTAL BASE BID PRICE IN WORDS: TOTAL BASE BID PRICE BID ALTERNATES Benches, Tables, Bike Rack Install 4 i at �ct and c (v i- v 4 J 0.-,S L.d 2 v Alt 5 U niit Cost for Export of material per /cyd ZE7 VCV Cc_ Z7--.3 og 00 I b' Lta e44 dJ _3 4,0 e� /L /100 Dollars Alt 2 1 picnic Structure Install 1► r i i Cu V\ -d nd /100 Dollars Alt 3 Overlook Deck and Rails L7, )7U. Cu -5—(A? 'CA- kaA.S. a r d J and /,100 Dollars tau r d d --h to Alt 4 Pervious Concrete Sidewalks 1 00 A) �cand /100 Dollars and /100 Dollars LS LS LS LS LS Ea /yd Page 3 a• o..a.r,.... C..nisnr.nn of %A /A Inn Gnr 1 ienne (`nnriitinnc GnrPPmant sin e UAAJW hYVVA Grim Always VPrifv SealP L f °a (71 Alternates will be accepted on an individual basis. Page 4 r_ n C... r..Jl +inr.�. At-Ircs.nrn.rsf eetn tnnnnni F,vnein nnm Ahuwc /crifw Cnolc Proposal P Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard copy bid form Project Name, Schedule Name, column headings in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two. unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print -out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print -out. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print -out by the resp timated quantities shown on the Bid form then totaling all of the extended amounts. Signed: Title: 1 1'1.x.. 1 Rt Date: �f •Z By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. Date of Receipt 1 /0 AP i G 3 'S Ai'kr L- 2 I34PL 4 !1A" NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. Codiga Park Construction Rev. 2006 March 18, 2009 Page 14 of tAiA in,' G.,r i tcana Rnn(tltinnc AnrPPmPnt RPP www bywa.com Always Verify Scale Proposal P -6 Th Surety Company which will f arnish the required Payment and Performance Bond is ,LQb Ii V IV). (Name) Bidder: Signature of Authorized Official: Printed Name and Title: Address: 1 o `t Phone No.: 0 U6 of (-SILO AjE 1 ,(i(Iddress) cr T CO VIA C J Y1 o ir rL cr 9 39 Circle One: Individual Partnership /C�.._L�./ State of Incorporation: Joint Venture Corporation J Date: L4 I 0 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co- partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. Codiga Park Construction Rev. 2006 March 18, 2009 Page 15 �.....:.�ell 4.. Ch mildnrc of Ima Inn Fro' r'nn(titinnc Anreement see www b wa.corn Always Verify Scale STATE OF WASHINGTON ss. COUNTY OF KING SEAL Page 17 Non Collusion Declaration IA/A NON COLLUSION DECLARATION The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connectio th the City of Tukwila project named CODIGA PARK CONSTRUCTION, Project No. 98- DRO A -09. c mSfvucT{ vIi} 6 11` LPL Name of Firrh u O Signe oir) to befor mIon this 1 day of AOIr t S gr3tur of Notary Public in and for t e State of Washington, residing at My app intment expires: Signature of Au orized Official Title 001111,e s N MCyq .4 NOT ARY NA k...PUMA Z77 Op Nt``` Inr. I nr ncnna Rn nrlitinnc Onraamant CPA www hwva rnm AIways VPrifv Scale ,20 Li 1�11►tf P -8 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional she as necessary to fullygrovide the information required. X1)(1 �,J tn. �1._ L Name of Bidder: C f �vl P Add of Bidder: I ea t l 11i. Zip Code Contractor's License No. 1 s rc L 11) Y State UBI No. (.0 17v "31 Dept. of L &I C License Bond Registration No. Worker's Comp. Acct. No. U» Bidder is a(n): Individual Partnership Joint Venture Incorporated in the state of List business nanilsiGsed by Bidder during the past 10 years if different than above: Bidder has been in business continuously from Bank Reference V"( t,1 S 1 7 __)3r) ink No. No. of regular full -time employees: l LvU c L City State Ut1 .-k /Year v Account dfficer Number of projects in the past 10 years completed ahead of schedule behind schedule Bidder has had experience in work co parable to that required for this Project: As a prime contractor for years. As a subcontractor for years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Lona With Bidder Page 18 Responsible Bidder Determination Form tnhA Inn .,r- Henna (:nnelitinnc Anrc.c.mant sac. www hYwa cnm Always Verify Scale on schedule P -9 .5) (3 D 51l Officer's Phone No. Responsible Bidder Determination Form P -10 Name the Surveyor to be used on this Project, who wi directly supervise all surveying activities. Attach a resume outlining the experience and qualif ations of the Surveyor. Is the Surveyor licensed in the State of .hington�a PLS) des No Surveyor's Name: I tit List all those projects, of similar natur nd size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years experience working on projects of similar nature and size. Year Contract Proiect Name Completed Amount Owner /Reference Name and Phone List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Proiect H Bidder, or any representative or partner thereof, ever failed to complete a contract? No Yes If yes, ive details: \f7 ,8 H Bidder ever had any Payment/Performance Bonds called as a result of its work? No Yes If yes, please state: Codiga Park Construction March 18, 2009 Proiect Name N, Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Contractina Party Bond Amount Page 19 Drn.dricr1 n R. iiiricrc Pvrhanna of WA In Fnr usana Conditions Aareement see www.bxwa.com Always Verify Scale Responsible Bidder Determination Form P -11 Ha Bidder ever been found guilty of violating any State or Federal employment laws? NNo Yes If yes, give detai V I I C.— Has Bidder eve fil for protection under any provision of the federal bankruptcy laws or state insolvency laws? No Y s If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? No Yes I ye give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? No Yes If yes, please state: Date- Type of Injury Agency Receiving Claim V1 The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his /her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signatur Bidder Title: At\-t' L 1 Codiga Park Construction March 18, 2009 Date: 4/,) 1 Page 20 or.,i,iao.l 4r R1!Mare Fvrhanna of WA Inn Fnr iicana Cnndifinns Anreement see www.bxwa.com Always Verify Scale Equipment to be used: Labor to be used: PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Page 21 Proposed Equipment and Labor Schedule or.,,,irlo.l r., Ril.lcrc Gvrhanna of WA inr Fnr ucana Cnnditinns Anreement see www.bxwa.com Always Verify Scale P -12 DESCRIPTION /TYPE YEAR CONDITION OWN /RENT LabDf s C(c c-lC \e► YUCILc'' f c (111S Name of Bidder) Signature of A thoriged Official Title PROPO ED ORS j Name of Bidde C.1 ORO "t`f -LL In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. The successful Bidder must have the written permission of he Owner to make any change to this list. Percent of total bid to be performed by Bidder cyo Schedule /Bid Item Numbers of Name Subcontractor will perform Total Bid Page 22 Proposed Subcontractors a of 1A /A Inn (fin nrlifinne Ar1rAA171Anf CPA WMAN IlYWA Cn111 AIWAVA VPrIfv SI1AIB P -13 Pr: N 1i- stall Dr ainag- 5:. 1 1- 6E!VV U'J i!, rt S,rr- P Owner City of Des Moines Owner Address 21650 11th Ave S Phone 206- 870 -6522 Contract Amount $789.000 Perecent Complete 50% Completion Date April 2008 Project Name "M" Street Southeast Improvements Description of work Road and Utility Improvements Project Owner City of Auburn Owner Address 25 West Main St Phone: 253- 9313010 Contract Amount $1,178,000 Percent performed by own forces 70% Completion Date August 2007 Project Name Rainer Street Roadway Improvements Description of work Road and Utility Improvements Project Owner City of Steilacoom Owner Address 1030 Roe Street, Steilacoom WA 98388 Phone 253- 581 -1912 Contract Amount $2,040,000 Percent performed by own forces 70% Completion Date: October 2007 Project Name Tributary 170 Improvements Description of work Install Culverts under roadway Project Owner City of Issaquah Owner Address Phone 425- 837 -3400 Contract Amount $905,000 Percent performed by own forces 70% Completion Date October 2007 Project Name San Jaun Ave Roadway Improvements Description of work Road and Utility Improvements Project Owner City of Fircrest Owner Address. Phone 360 352 -9456 Contract Amount $348,000 Percent performed by own forces 70% Completion Date October 2007 Project Name Stan Sayers Parking Lot Repaving Description of work: Parking Lot Project Owner: City of Seattle Owner Address 800 Maynard Street Phone 206 684 -5074 Contract Amount $596,000 Percent performed by own forces 70% Completion Date. November 2007 Project Name Valley Ave Sidewalks Description of work- Sidewalk Utilitie Improvement Project Owner City of Fife Owner Address t Phone: 253- 922 -2489 Contract Amount: $980,000 Percent performed by own forces 70% Completion Date January 2007 P'c :i O,vne, b'1SDOT Owner Address Phone 253- 534 -3100 Contract Amount $375.000 Percent performed by own forces 70% Completion Date January 2007 Project Name Citywide Sidewalk Improvements Description of work Sidewalk and Ramp mtallation Project Owner. City of Auburn Owner Address 25 West Main St Phone 253 9313010 Contract Amount $419,000 Perecent Complete 85% Completion Date July 2007 Project Name Contract Woodland Ave Regional Storm water improvements Description of work Pond enlargement Project Owner Peirce County Public Works Utilities Transportation Services Owner Address 2702 South 42nd Street, Suite 201, Tacoma WA 98409 -7322 Phone 253- 798 -7252 Contact Contract Amount $517.000.00 Percent Completed by Own Forces. 60% Completion Date March 2007 Project Name Pine Lake Access Road Description of work: Road widening Project Owner. City of Sammamish Owner Address. 486 228th Ave NE, Sammamish WA 98074 Phone 425- 836 -7923 Contact. Jeff Brauns Contract Amount $1,562.000 Percent Completed by Own Forces: 45% Completion Date March 2007 Project Name Contract Auto Center Way Description of work Road and utility Improvement Project Owner:City of Bremerton Owner Address. Phone 360- 473 -2317 Contact Ed Aban Contract Amount $717.000 00 Percent Completed by Own Forces: 50% Completion Date June 2007 Project Name Pine Lake Access Road sewer and Water Description of work sewer and water Project Owner: Sammamish Platuea sewer and water District Owner Address 1510 228th Ave SE Sammamis, WA 98075 Phone: 425 392 -4931 Contact. Kyle Wong Contract Amount $525,000 Percent Completed by Own Forces: 75% Completion Date March 2007 Project Name: 228th Ave NE Pedestrian Walkway Description of work: Road widening Project Owner. City of Sammamish Owner Address: 486 228th Ave NE, Sammamish WA 98074 Phone 425- 836 -7923 Contact: Jeff Brauns Contract Amount: $2,396,000 Percent Completed by Own Forces. 40% Completion Date. March 2007 Owner Address 1 151 1 Main Street Bellevue WA 98009 Phone 425- 452 -6977 Contact Contract Amount $771 730.72 Percent Complete 100% Completion Date September 2006 Project Name Contract SE 8th Street Utilities S -24 W -16 Description of work Sewer Main Water Main Repairs Project Owner City of Bellevue Owner Address. 11511 Main Street. Bellevue WA 98009 Phone 425 452 -6977 Contact Rick Pederson Contract Amount. $166,934 00 Percent Complete 100 Completion Date March 2006 Project Name Contract 82nd Ave East 224th Street East Intersection CRP 5578 Description of work Road. Storm Signal Improvements Project Owner. Peirce County Public Works Utilities Transportation Services Owner Address 2702 South 42nd Street. Suite 201. Tacoma WA 98409 -7322 Phone: 253 798 -7252 Contact Contract Amount $468,000 00 Percent Complete 100% Completion Date June 2006 Protect Name Contract Fanwood Apartments Sanitary Sewer Description of work: Sewer Main and Sde Sewer Replacements Project Owner. King County Housing Authority Owner Address 600 Andover Park W. Seattle WA 98188 Phone. 206 574 -1217 Contact. John Bastone Contract Amount: $166,934 00 Percent Complete 100 Completion Date March 2006 Protect Name Contract Union Ave Improvements 2004 -647 Description of work Road. Sidwalk and Street lighting Improvement Project Owner: Washington State Military Dept_ Owner Address: P.0 Box 41012 Olympia WA Phone. 253 512 -8264 Contact John Carlton Contract Amount 5279.417 00 Percent Complete 100% Completion Date: February 2006 Project Name Stoneridge Development Description of work New Road Utilities for 20 lot plat Project Owner: Owen Roberts Group Owner Address 10634 E Riverside Dr 300, Bothell WA 93011 Phone 425- 483 -0234 Contact. Zack Roberts Contract Amount $1,791,000 0 Perecent Complete: 100% Completion Date: March 2005 Project Name NE 83rd Street Improvements Description of work: Road Utility improvements Phone: 425- 556 -2701 Contact Jeanne Justice Project Owner: City of Redmond Contract Amount: $1,270,000.0 Perecent Complete 100% Completion Date December 2005 3•3 i i. n!a.t D :no Architect McGranahan Architects Contract Amount $1 225 000.00 Perecent Complete 100% Completion Date September 2005 Project Name Tremont Place Description of work New Retail Budding Phone 360 479 -1044 Contact Julius Templeton Project Owner Templeton Enterprises Architect. LDG Architect 206 283 -4764 Contract Amount $1.527,910 07 Perecent Complete 100% Percent performed by own forces Completion Date May 2005 Project Name. Sylvan Grove Description of work Improvement to Park /Open space Project Owner. University of Washington Phone 206 616 -5217 Contact Becki Eatch Architect. University of Washington Contract Amount: $185,00000 Perecent Complete' 100% Percent performed by own forces Completion Date April 2005 Project Name 176th St Pedestrian Improvements Description of work Sidewalk, Gurb Gutter installation Phone 206- 296 -8023 Contact Frank Overton Project Owner King County Architect. King County 206 296 -8023 Contract Amount. $327,000.00 Perecent Complete 100% Percent performed by own forces Completion Date: April 2005 Project Name Poly Form Description of work Tank Removal and Install Phone: 253- 872 -0300 Contact Vern Howard Project Owner: Poly Form U.S Architect: Poly Form Contract Amount. $78,680 00 Perecent Complete 100% Percent performed by own forces Completion Date March 2005 Project Name: Paramount Park Picnic Shelter Description of work. Construct new picnic shelter Project Owner: City of Shoreline Phone 206- 546 -8903 Contact. John Vicente Architect: City of Shoreline Contract Amount: $60,000 00 Perecent Complete. 100% Percent performed by own forces Completion Date: March 2005 Project Name Arena Floor Replacement Description of work: Replace 30,000sf Concrete floor Project Owner. Snohomish County Phone: 425 388 -6600 Contact Ken Alskog Architect. Snohomish County Contract Amount: $121,000.00 Perecent Complete. 100% Percent performed by own forces: Completion Date: February 2005 Project Own Cdy Jf lacoma Pub' c V /or, s Phone 253 591 -5186 Contact Steve Nichols Architect City of Tacoma Public Works Contract Amount $925.000 00 Percent performed by own forces 70% Completion Date September 2004 Project Name Kiss- and -Ride Parking Lot Description of work Construct new parking lot Project Owner City of Auburn Phone. 253 931 -3000 Contact Scott Nutter Architect City of Auburn Contract Amount $188,276 64 Percent performed by own forces Completion Date September 2004 Project Name Friendship Park Surface Improvements Description of work Surface Improvements Project Owner City of Covington Phone 360- 754 -4266 Contact Dominic Miller Architect Gray Osborne Inc Contract Amount. $90,184.40 Percent work performed by own forces Completion Date July 2004 Project Name Wetland Mitigation Bank Site Fence Project Description of work. Construct New Wetland Fence Area Project Owner City of Renton Phone 425- 430 -7293 Contact. Daniel Carey Architect City of Renton Contract Amount' $60.906 24 Percent performed by own forces Completion Date June 2004 Project Name Andover Park West Overflow Description of work: New sewer bypass Project Owner City of Tukwila Phone 206 -431 -2457 Contact Bob Giberson Architect. City of Tukwila Contract Amount: $247.574 40 Percent performed by own forces Completion Date August 2004 Project Name: 156th Place SE 159th Ave SE Storm Repair Description of work' Storm repair Project Owner: City of Covington Phone 206 284 -0860 Contact Tani Stafford Architect: Gray Osborne, Inc Contract Amount $194.122 -84 Percent work performed by own forces Completion Date: July 2004 Project Name Priest Point Grocery Store Description of work Complete construction of a 4,000 sf retail building Project Owner Chris Whang Phone: 425 487 -1255 Contact. Roger 011enburg Architect: Roger 011enburg Architect Contract Amount: 460.000.00 Precent of work performed by own forces 100% Completion Date. May 2004 F 11 P Projet O'.v':e L i ena icn Utut, Distr'c'. Phone 253 941 -1516 Contact John Lee Architect Lakehaven Utility District Contract Amount 555 000 00 Precent work performed by own forces 75% Completion Date May 2004 Project Name Raymond Pacific Pride Description of work Construct truck fueling center Project Owner Masco Petroleum Phone 360 537 -9744 Contact Bill Tometich Architect Roger 011enburg Contract Amount 125,000 00 Percent work performed by own forces Completion Date April 2004 Project Name Sam's Club Fueling Station Description of Work. Construct new fueling station Project Owner Wadman Corporation Owner Address PO Box 1458, Odgen UT Phone 801- 621 -4185 Contact: Phil Lawson or Lynnette Pattllo Architect Walmart Contract Amount 82,228 00 Percent of work performed by own forces 80% Completion Date December 2003 Project Name Van Zee Watermain Pump House Description of Work. Watermain Pumphouse Project Owner City of Port Orchard, Lawrence Curies 360 876 -4991 Owner Address 216 Prospect Street. Port Orchard, WA Phone 360 876 -4991 Contact Lawrence Curles Architect City of Port Orchard Contract Amount 67,622 92 Percent of work performed by own forces 50% Completion Date: November 2003 Project Name Rail Products Description of Work Grading Paving Project Owner Rail Products, Debbie Lachance, 206 622 -0125 Owner Address. 3422 1st Avenue South, Seattle. WA Phone 206 762 -6901 Contact. Roger Gould Architect Rail Products Fabrications Contract Amount: 63,935.00 Percent of work performed by own forces: 75% Completion Date January 2004 Project Name Highline Headstart Description of Work Excavation for Playground Project Owner: QPM, Brad Lotz 206- 454 -7837 Owner Address 10310 Aurora Ave, Seattle, WA Phone. 206- 545 -7837 Contact Brad Lotz Architect: QPM Contract Amount 17,500.00 Percent of work performed by own forces 100% Completion Date November 2003 Project Name Capitol Campus Site Restoration Description of work Site Resoration Project Owner Department of General Administration Owner Address: PO Box 41012 Olympia, WA Phone 360- 902 -7252 Contact. Penny Koal Architect: JWM&A 360- 352 -9456 Contract Amount: $50,880.00 Percent of work performed by own forces. 100% Completion Date: October 2003 Pr:,f -.ct ONnei f.lasc. P he lwm Phone 360-537-9744 Contact Bdl fomet ch Architect None Contract Amount $220 000 00 Percent of work performed by own forces 70% Completion Date March. 1999 Project Name TCC Parking Lot Expansion Description of Work Parking lot expansion Project Owner Tacoma Community College Owner Address PO Box 41012 Olympia. WA Phone, 360 902 -7272 Contact Erasmus "Dino" Othieno Architect Hatton Godat Pantier Dan Biles 360 943 -1599 Contract Amount 111,154 00 Percent of work performed by own forces 70% Completion Date September 2003 Project Name SPSCC P -4 Parking Lot Expansion Description of Work Parking lot expansion Project Owner South Puget Sound Community College Owner Address PO Box 41012 Olympia, WA Phone 360 902 -7272 Contact. Ed Roque or Peter Waugh Architect. Hatton Godat Pantier. Dan Biles 360- 943 -1599 Contract Amount. 252.943 00 Percent of work performed by own forces 55% Completion Date January 2004 Project Name Bunen Retail Description of work Construct new retail building in Burien Project Owner Ariel Development Owner Address 1046 1st Ave S. Seattle. WA Phone 206- 650 -4991 Contact: Hertzel Architect. Roger 011enburg Architect 425- 487 -1255 Contract Amount 352,000 00 Percent of work performed by own forces 40% Completion Date March 2003 Project Name. Earthquak Damage Repair Description of work Earthquake Damage Repar Project Owner. United Western Supply Co Owner Address 15623 E Marginal Way S, Seattle WA Phone 206- 767 -9880 Contact Roger Gould Architect. Roger 011enburg Architect 425- 487 -1255 Contract Amount: $260,000 00 Percent of work performed by own forces 50% Completion Date: April 2003 Project Name Algona Ballfields Description of work Construct new ballfield in Algona, WA Project Owner City of Algona Owner Address 402 Warde ST, Algona WA Phone 253- 833 -2741 Contact: Randy Bailey Architect. City of Algona Contract Amount: $110,000.00 Percent of work performed by own forces 65% Completion Date. June 2003 Project Name Milton Way Sidewalks Description of work Construct New sidewalks Project Owner: City of Milton Owner Address: 1000 Laurel ST, Milton WA Phone: 253 922 -8738 Contact Mario DeRosia Architect: Gray Osborne, Brian Lafranke, 206- 284 -0860 Contract Amount $270,000 -00 Percent of work performed by own forces 60% Completion Date: September 2003 rt Lr- 5•_r;, p:. P•=. it I. Protect Oi ne PF•n,,ao Quaker -State Com(any Phone 318683 -4219 Contact Rodney Landry Architect None Contract Amount $152 000 -00 Percent of work performed by own forces 55% Completion Date July 31 2002 Project Name Grays Harbor County Description of work Turnow Bridge Scour Repair Project Owner Grays Harbor County Owner Address 100 W Broad Way, Ste 31, Montesano WA Phone 360 249 -4222 Contact Dave Anderson Architect Grays Harbor County Contract Amount 25,630 00 Percent of work performed by own forces 95 Completion Date October 2002 Project Name City Chruch Demolition of House Description of work Demo Houses Project Owner. The City Church Owner Address: 132nd Ave NE. Kirkland, WA Phone: 425- 803 -3286 Contact' Eston Catlet Architect City Church Contract Amount: 19,000 00 Percent of work performed by own forces: 100% Completion Date August 2002 Project Name Pacific Pride Elma. WA Description of work Complete construction of cardlock fueling system Project Owner Masco Petroleum Phone 360- 538 -1559 Contact Bit Tometich Architect N/A Contract Amount 145,000 00 Percent of work performed by own forces: 50% Completion Date. December 30. 2002 BLUE BOOK RATE SHEET First Half 2007 Equipment Description EXCAVATORS CC -13 1993 120 Class Excavator CC -16 1990 200 class Excavator CC -19 1997 120 Class Excavator CC -26 2004 CAT 304 Excavator CC-41 2005 450 Class Excavator CC -44 2006 CAT 308C CR Excavator CC-47 2006 CAT 321 CLU Excavator CC -56 2007 CAT 308C CR Excavator CC -59 2007 CAT 314CL CR Excavator EXCAVATORS WITH ATTACHMENTS CC -13 1993 120 Excavator w/ 2004 S29 breaker CC -13 1993 120 Excavator w/2004 9700c hoepac CC -26 2004 CAT 304 Excavator w/ Hoepac WHEEL LOADERS 2004 IT28 CAT Loader CC-46 2005 C at 938g Loader DOZERS CC -29 2005 Cat D6N LGP CC -18 1997 450G John Deere Dozer w /rippers ACKHOES CC -05 1989 Case 580 K Backhoe CC -06 1991 Case 580 K Backhoe CC-45 2006 CAT 420 E 4ECAN Backhoe CC -52 2004 CAT 430 D Backhoe BACKHOES WITH ATTACHMENTS CC -06 1991 Case 580 K Backhoe w /hoepac CC -05 1989 Case 580 K Backhoe w /hoepac CC -52 2004 CAT 430 D Backhoe w /hoepac CC Year CC -22 CC -04 1975 CC -08 1992 CC -55 2007 CC -14 1996 CC -15 1995 CC -20 1999 CC -34 2006 CC-42 2007 CC -50 2007 CC -51 2007 CC -52 2007 CC -21 2004 c5500 Flatbed Work Truck Adrian CC -24 1997 F-450 Utility Truck Shane CC -25 1997 F-450 Utility Truck Al CC -35 1993 Chevy Flatbed Mark CC -36 1997 Chevy Flatbed CC -37 1997 Chevy Flatbed CC-48 1991 GMC Flatbed CC -53 1989 UD Flatbed OLLERS... 10 Ton Rago Roller 5 Ton Bomag Roller Multiquip Walkbehind Double Drum "ORK TRUCKS; F -150 Work Truck White Joan F -150 Work Truck Black Dean F -350 Work Truck Rob F -150 4 Door Cy F -150 4 Door Lee F -150 4 Door Troy F -150 Weldon F -150 Ken CC -03 1978 CC -07 1991 CC 12 1993 CC -17 1996 CC -27 1999 CC -28 1994 CC -30 1995 CC -38 1998 CC -39 2007 CC-40 1991 CC -49 2007 CC -54 1993 CC-60 2007 CC -61 2007 CC -23 2000 CC -57 1995 CC -58 2000 2004 2004 2004 2006 1998 HEAVY TRUCKS TRAILERS Lowboy Tilt Deck Utility Trailer Mack 4 Axle Dump Truck 4 Axle Rear Dump Trailer (Aluminum) 2500 Gallon Water Truck 5 Yard Dump Truck F -700 Ford Kenworth 4 Axle Tractor Side Dump T -900 Kenworth 5 Axle Dump Truck Mechanic Truck International 4700 4 Axle Rear Dump Trailer Kenworth Fuel Lube Truck Kenworth T450 T -800 Kenworth 5 Axle Dump Truck 4 Axle Rear Dump Trailer Kenworth ROOMS. Lay Mor Sweeper TRA PFIC;GCG31!TRQL PCMS Signboard Addco PCMS Signboard ATTACHMENTS Breaker Rammer for CC -13 Hoepac Allied For CC -13 Broom CAT For CC -22 Hoepac CAT For CC -26 Asphalt Zipper I M TRAVELERS WARNIIOIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 218179 Certificate No. 002815331 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint Darlene Jakielski, Julie M. Glover, M.J. Cotton, Nancy J. Osborne, S.M. Scott, Steven K. Bush, Michael A. Murphy, Jim W. Doyle. Brandon K. Bush. Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, and Theresa A. Lamb of the City of B State of Washington their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2009 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 7.; j TN.. i N fG /rtiORFO F m 4 :5,.P RAlfy,,,, m f 'f �i ti sEAL f I�d:,SBAL!D j a By: St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 5th ice President On this the 5th day of February 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440 5 07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER W W" e V Marie C. Tetreault. Notary Public 11 WARN THIS POWER OF ATTORNEY IS INVALID WITHOUT TH This Power of Attorney is grar'-ed under and by the authority of the following resolutions adopted by the Boards ot Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance C .npany, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this S t day of l I 20 Df BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Kori M. Johans 1 Assistant Secretary To verify the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars -OR Bid Bond: The undersigned, cons truct Company, LLC (Principal), and Travelers Casualty and Surety Company of America (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of five pprrent (s of the total amount bid dollars which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5 of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for CODIGA PARK CONSTRUCTION, Project No. 98- DR06- CODIGA -09, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 21st day of April Construct Company, LLC Principal Signature of Authorized Official s Title Name and address of local office of agent and /or Surety Company: BID SECURITY 20 09 Travelers Casualty and Surety Company of America Su ret By fr (ttvt'ney in Fact (Attach Power of Attorney) Jim S. Kuich HUB International Northwest, LLC PO Box 3018 Bothell, WA 98041 -3018 Page 16 Bid Security Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com Always Verify Scale P -7 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.