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HomeMy WebLinkAbout13-209 - Road Construction Northwest - Tukwila Urban Center Transit Center / Andover Park West Street and Water ImprovementsCITY OF TUKWILA CONTRACT CHANGE ORDER NO. 20 DATE: December 19, 2016 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 (--0 PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Wat r Improvement Project Sheet 1 of 1 TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Date /212-0/i 6 By Original Con r ct (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Contractor Road Construction Northwest, Inc. Jeffrey M. Kanyer Title President $ 5,960,574.00 ✓ APPROVED BY THE CITY OF TUKWILA $ 165,311.40 ✓ Date $ 200,000.00 ✓ By $ 6,325,885.40 ✓ Original Contract Time: 270 Calendar Days 4dditional Contract Time for this Change Order: 81 Days pdated Contract Time: 418 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File '14 tINT__;_._.4 City Engineer z.Z, Z.vi(v Mayor cc:Finance Department (w /encumbrance) Project Management File 5So, �G a (Z /67/V. —S (11/2014) EXHIBIT "A" CHANGE: This Change Order settles the Request for Equitable Adjustment to Contract Price (REACP) filed by the Contractor on October 22, 2015, and all other disclosed or undisclosed disputes on the Contract. This Change Order also increases the Contract time by 81 calendar days, and will allow this Project to be closed out. Change Order Details: During construction, the Contractor sent 4 letters to the City citing various Contract deficiencies that they feel caused unexpected impacts to the Contractor's work. These 4 letters neither stated the monetary impact to the Contractor, nor provided adequate details to justify and /or approve the Contractor's Contract time extension requests. The City responded to these letters requesting that the Contractor provides more details to justify the Contract time extension requests and any impact cost. The Contractor did not immediately provide further details to justify the Contract time extension requests and any impact cost. However, the Contractor also did not sign the final pay estimate ( #16) offered by the City, and the corresponding Release of Claims form. The Contractor stated in emails and verbally that they would submit a claim to the City asking for additional compensation, rather than allowing the construction project to be closed out. On October 22, 2015, the Construction Contractor filed a REACP to the City, seeking an additional $637,691.67 in compensation. In the REACP, the Contractor asserted that they were adversely impacted by the Contract deficiencies, mainly due to the following reasons: • Deficient and /or inaccurate project design. • Conflicts from unidentified and /or inaccurate existing utilities. • Delayed or conflicting field directions from the City. • Delayed project direction to perform work out -of- sequence, in order to meet previously planned milestone dates. • Construction impacts caused by third party utility company's work. City project staff responded to the Contractor's REACP with Serial Letter #30 denying the Contractor's request for compensation in the amount of $637,691.67. However, City project staff was also willing to evaluate any additional information that the Contractor might provide to further clarify or justify the REACP, or schedule for a meeting with the Contractor for further discussion. On November 29, 2016, City's project representatives met with the Contractor's authorized representatives, and discussed the settlement terms to formally close out this project. The discussed settlement terms are as follow: Included in this Change Order #20, the City shall increase from the current Contract time by 81 calendar days, making the total Contract time at 418 calendar days. As a result of the Contract time increase, the City shall reimburse the assessed liquidated damage of Page 1 of 2 $143,978.65, which was collected by the City from the Contractor through the issuance of Pay Estimate #15.1, back to the Contractor. On top of the liquidated damage reimbursement, the City shall also pay the Contractor $200,000.00 as part of the settlement. Once this Change Order #20 is executed, the final payment will be issued, and the Release of Claims form will be completed by the Contractor. Thereafter, the construction project can be closed out by the City Council. Page 2 of 2 Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 19 DATE: September 24, 2015 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 5 PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Water Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED' late /% /S Contractor Road Construction Northwest, Inc. By Original Co ract ithout tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT $ 5,960,574.00 V $ 165,311.40 ti $ 0.00 $ 6,125,885.40 J Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 15 Days ,.Updated Contract Time: 337 Calendar Days Title Jeffrey M. Kanyer / President APPROVED BY THE CITY OF TUKWILA City Engineer Wrj .7-44-"'6( IGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File j5ta-si ,2 06 .110s (11/2014) EXHIBIT "A" CHANGE: This Change Order increases the Contract time by: 1. A total of 12 calendar days will be added to the Contract time for all the inclement weathers impacting the Contractor's construction productivity, during the entire Tukwila Urban Center Transit Center, Andover Park West Street and Water Improvement Projects (Transit Center Project) construction duration. 2. In addition, 3 calendar days will also be added to the Contract time, from 2 outstanding work items that impacted that construction progress. These 2 work items were not addressed in previous Change Orders. The total Contract time extension for this Change Order is 15 calendar days. Weather Day Impacts: During the course of the entire Transit Center Project construction, the Contractor sent multiple requests to the City for Contract time extension, due to adverse weather impacting construction activities. Typically in these time extension requests, the Contractor could not proceed with certain essential construction activities because they were susceptible to excessive precipitation or frozen ground temperature at the construction site. By not proceeding with these significant construction activities during the inclement weather, the Contractor avoided producing defective construction works that would be rejected by the City, but also suffered by losing Contract time to construct the project. Per the Project Specifications, Special Provisions, Section 1 -08.8, City project staff evaluated these Contract time extension requests. After much considerations, City project staff believed that some significant construction activities scheduled to take place in the following days were impacted by the inclement weathers. • March 3, 2014 — 1 calendar -day of Contract time extension, due to excessive rain preventing the Contractor to excavate the rough subgrade. The excavation work was on the Contractor's construction schedule critical path. • September 24 and 25, 2014 — 2 calendar -days of Contract time extension, due to excessive precipitation preventing the Contractor from pouring and constructing concrete work that would be accepted by the City. The concrete work was on the Contractor's construction schedule critical path. • October 21 to 23, 2014 — 3 calendar days of Contract time extension, due to heavy rainfall preventing the Contractor from excavating trench for electrical conduits and paving asphalt. Although these excavation and asphalt paving works were not identified as critical path items on the Contractor's construction schedule, these works were significant enough that City project staff is recommending an approval of this time extension request. • October 29 and 30, 2014 — 2 calendar days of Contract time extension, due to excessive precipitation preventing the Contractor from overlaying the asphalt Page 1 of 3 pavement. Although the asphalt overlay work was not identified as a critical path item on the Contractor's construction schedule, this work were significant enough that City project staff is recommending an approval of this time extension request. • December 1 and 2, 2014 — 2 calendar days of Contract time extension, due to frozen ground temperature preventing the Contractor to properly work on the terrazzo concrete work and traffic loop installation. These 2 work items were on the Contractor's construction schedule critical path. • February 9 and 10, 2015 — 2 calendar days of Contract time extension, due to excessive rain preventing the Contractor from pouring and forming concrete panels that would be accepted by the City. The concrete work was on the Contractor's construction schedule critical path. In summary, a total of 12 additional calendar days for the entire construction duration are needed to compensate the Contractor for the adverse weather impacts. Construction Delays from Two Work Items: 1. The Contractor was required to install new sidewalk and ADA ramps at the northwest corner of the Andover Park West and Baker Boulevard intersection. However, per the Project Plan Sheet 27 (CP102), the project design did not show the new sidewalk connecting with the existing sidewalk north of this intersection corner. On top, one of the 2 new ADA ramps (the one connecting with the crosswalk at the north leg of the intersection) was shown on the project design being in direct conflict with the existing traffic signal pole at that intersection corner (see Project Plan Sheet 98). Therefore, the construction work progress was delayed for 2 calendar days, while the City's project staff redesigned the intersection corner with a more updated perpendicular ADA ramp that includes a landing, and connected the new sidewalk with the existing sidewalk on the north. The Contractor should be compensated back with 2 calendar days of Contract time extension. 2. During construction, the Contractor staged majority of their on -site construction equipment at the temporary construction easement (TCE) on the Southcenter Mall side behind the West Transit Center. However, the TCE with WEA Southcenter, LLC expired on November 15, 2014, while the construction work was still ongoing. Therefore, the Contractor had to relocate the essential construction equipment for the remaining work to the West Transit Center bus pullout lane, and move the other equipment back to the construction staging site at the southeast corner of the Andover Park East and Tukwila Parkway intersection. The Contractor should be compensated back with 1 calendar day of Construction time extension for the equipment relocation work. As a result, a total Contract time extension of 15 calendar days is needed for this Change Order. Page 2 of 3 COST AND TIME CONSIDERATIONS: This Change Order does not change the Contract cost. A total of 15 calendar days will be added to the Contract time through this Change Order. Page 3 of 3 DATE: August 27, 2015 RECEIVED SEP. 0 2 2015 RCNW CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 18 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 �'r- PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and W�ter Improvement Project Sheet 1 of 1 TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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 pria shown abovit and below. ACCEPTED: Date 9 %�� By Original Contract (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT $ 5,960,574.00 ,✓ $ 165,311.401 $ 0.00 $ 6,125,885.40 Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 16 Days Updated Contract Time: 322 Calendar Days Contractor Road Construction Northwest, Inc. Title Peter J. Kenney /Vice- President APPROVED BY THE CITY OF TUKWILA Date By X , a1 City Engineer ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File /5-}- c,.2, iz. l6,-,- i9-t -s (11/2014) EXHIBIT "A" CHANGE: This Change Order provides Contract time extension for all unanticipated project impacts that were already paid by Bid Items (BIs) with force account (FA) payment method, but were not compensated with time extension yet. These unanticipated project impacts were: 1. As part of the Project requirements, 2 fire hydrants were to be installed on Andover Park West in front of Firestone (Station 14 +25 LT) and the Post Office (Station 12 +80 LT). However, these 2 fire hydrants could not be installed at the specified locations, due to the physical conflicts with an existing Puget Sound Energy underground concrete encased duct bank. The City paid $623.98 for potholing work to verify the extent of the physical conflicts, through Schedule C BI #34 in Pay Estimate #5. The fire hydrant installation works were stopped, until new locations were identified for the installations. Eventually, the Contractor came back on 2 separate days to install the 2 fire hydrants at new locations. Therefore, 2 working days should be granted back to the Contractor as Contract time extension. 2. Schedule B BI #66 — "Private Illumination System Re- work ", is to pay for all modifications to existing private lighting systems wherever required during construction. A total of $19,246.49 was paid by this BI to relocate and restore Acura's private lighting system, since it was in physical conflict with the new sidewalk improvements. While the Acura's lighting system was relocated, there was a gap in the lighting conduit trench work; and the sidewalk work (a critical path work item) was impacted by this delay on October 28 and 29, 2014. Therefore, 2 working days should be granted back to the Contractor as Contract time extension. 3. In order to construct the new sidewalks and other roadside facilities on Andover Park West, the Contractor was required to remove the existing sidewalk in front of Acura. In the process of demolishing the existing sidewalk, the Contractor shattered conduits and wires located in shallow depths, and uncovered a concrete block with roughly 6 feet in diameter. These conduits, wires and concrete block were not identified on the Project Plans. It took time for the City's project and maintenance staff to identify these unknown conduits and wires in the field, and subsequently directed the Contractor to properly relocate or restore these utilities. The Contractor should be granted back a total of 3 working days as Contract time extension, when waiting over a period of time for these utility conflicts to be resolved. One of these unknown utilities was a telephone line, located from Station 13 +85 RT to 14 +78 RT in front of Acura. The excavation and construction of the new curb and gutter grades was obstructed by this unidentified telephone line. Two separate FA payments of $834.10 and $2,180.84 on September 29 and 30, 2014 respectively, were made to Schedule B BI #71 — "Resolution of Utility Conflicts — As Directed" in Pay Estimate #10, for the telephone line relocation. Two working days should be granted back to the Contractor as Contract time extension, as a result of this utility conflict. Another one of these unknown obstructions was an underground concrete block with roughly 6 feet in diameter, located at Station 15 +00 RT in front of Acura. The construction of the new sidewalk was obstructed by this large concrete block. Two separate FA payments of $1,277.96 and $773.49 on November 17 and 19, 2014 respectively, were made to Schedule B BI #71 in Pay Estimate #12, for the concrete block removal and allowing the gas main to be lowered. Two working days should be granted back to the Contractor as Contract time extension, as a result of this obstruction conflict. Therefore, the total Contract time extension for this Item #3 is 7 working days. COST AND TIME CONSIDERATIONS: Based on the above information on all unanticipated project impacts that were already paid by BIs with FA payment method, but were not compensated with time extension yet, a total of 11 working days should be granted to the Contractor as Contract time extension. To convert the 11 working days to calendar days, 11 working days X (7 calendar days / 5 working days) = 15.4 calendar days = 16 calendar days (after rounding up) Therefore, a Contract time extension of 16 calendar days is warranted. This Change Order does not change the Contract amount. DATE: August 19, 2015 RECEIVED AUG 242015 RCNW CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 17 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 CO PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Water Improvement Project Sheet 1 of 1 TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner' and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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 noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the price nwst abolke and,'elow. ACCEPTED' Date 9/4/15 Contractor Road "Construction. Northwest, Inc. By x.,. ■ / Title Peter J. Kenney /Vice— President "F— ON nal Contract (without tax) $ 5,960,574.00 J Previous Change Order $ 155,438.84 ✓ Date ° ' _/t = i DO/ This Change Order (without tax) $ 9,872.56 i By REV. CONTRACT AMOUNT $ 6,125,885.40 \/ Original Contract Time: 270 Calendar Days City Engineer "Pe") tiaLej Additional Contract Time for this Change Order: 6 Days Updated Contract Time: 306 Calendar Days APPROVED BY THE CITY OF TUKWILA ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w /encumbrance) Project Management File (11/2014) EXHIBIT "A" CHANGE: This Change Order addresses the changes on two "Minor Change — As Directed" force account bid items — Schedule A Bid Item (BI) #97 and Schedule B BI #68. These changes are: 1. to create a new pay item on both Payment Schedules A and B, to pay for the portion of Minor Change works that exceeded the allowances of both Schedule A BI #97 and Schedule B BI #68; 2. to compensate the Contractor for incurring a portion of four incidental costs (for a total within the $15,000.00 allowance of a Minor Change) after the elimination of three trash receptacles from Schedule A BI #76, per Field Directive (FD) #28; 3. and to add Contract days due to all the Minor Change work impacts, which were compensated already through Schedule A BI #97 and Schedule B BI #68, but not on the Contract time extension yet. COST AND TIME CONSIDERATIONS: The cost of this Change Order is stated in the Table #1 below. a. From the change on the overruns of both Schedule A BI #97 and Schedule B BI #68 allowances: The bid item allowances for Schedule A BI #97 and Schedule B BI #68 are $10,000.00 and $2,500.00 respectively. As of the latest Pay Estimate #14, the $10,000.00 allowance for Schedule A BI #97 was exceeded by $369.34; and the $2,500.00 allowance for Schedule B BI #68 was exceeded by $4,475.60. Therefore, a Change Order is needed to bring the total payments for these two Minor Change BIs back to below the allowances. For Schedule A BI #97, a previous payment of $2,394.36 for Force Account (FA) #10 will be deducted and transferred to this new Change Order #17. This FA #10 was to compensate the Contractor on tying an existing storm water pipe behind California Pizza Kitchen to Catch Basin #9. This existing storm pipe was not shown on the Project Plans. The FA #10 payment was already made in Pay Estimate #9. For Schedule B BI #68, three previous payments to FAs #4, #5 and #6 will be deducted and transferred to this new Change Order #17. The FA #4 of $854.65 was to compensate the Contractor on removing portions of the existing luminaire bases from Station 14 +00 RT to 18 +15 RT (on Andover Park West in front of Acura), in order to install the new curbs and gutters. This utility conflict was not identified on the Project Plans. The FA #5 of $819.25and FA #6 of $3,409.83 were to compensate the Contractor on placing three portable changeable message signs (PCMS) in advance of and during the Andover Park West and Baker Boulevard intersection closure. The Project Plans and Specifications did not require placing PCMS in advance of and during the intersection closure. However, the intersection closure was necessary to conduct some major construction works, and would cause significant impacts to all adjacent businesses and vehicular traffic, if without some advanced and real -time warnings from the three PCMS. The total of the three previous payments for FAs #4, #5 and #6 was $5,083.73, and was already made to Schedule B BI #68 in Pay Estimate #10. b. From the change that the Contractor incurred a portion of four incidental costs after the elimination of three trash receptacles from Schedule A BI #76: Per FD #28, 3 trash receptacles were eliminated from the Contract requirement, since having 15 trash receptacles for the East and West Transit Centers was determined to be excessive. As a result, the City only paid for 12 units of trash receptacles to Schedule A BI #76, at $4,000.00 per unit. However, per the Project Specifications, besides the manufacturing, delivery and installation of these trash receptacles, the Contractor is also required to provide the following for the 15 trash receptacles: I. 1 -year product support contract from BigBelly Solar, Inc. at $2,545.75 total, II. 100 BigBelly liner bags at $3,422.00 total, III. 10 spare part kits at $4,400.00 total, IV. and shipping and handling of the trash receptacles at $4,500.00 total. These 4 items above are all incidental costs to the 15 units of trash receptacles, and were paid for by the Contractor already. By reducing the number of trash receptacle from 15 to 12, the City now owes the Contractor 20% (= 3/15) of these 4 incidental costs, but in a lesser ratio. In accordance to the Contractor's original quote to purchase the 15 BigBelly trash receptacles, the total cost of these 15 units was $74,510.45. However, the total cost for Schedule A BI #76 is only $60,000.00 for the 15 trash receptacles. Therefore, the ratio of compensating the Contractor on these 4 incidental costs should be: $60,000.00 + $74,510.45 = 0.81 Therefore, the total compensation to the Contractor on the portion of these 4 incidental costs in Schedule A, should be: ($2,545.75 + $3,422.00 + $4,400.00 + $4,500.00) X 20% X 0.81 = $2,394.47. In summary, the cost of this Change Order #17 is $9,872.56, as stated in the Table #1 below: Table #1 BI # Item Description Amount Total Schedule A BI #97 Subtract $2,394.36 on the next Pay Estimate from this BI for FA #10. However, the $10,000.00 allowance for this BI will not be reduced. ($2,394.36) CO #17 1. Minor Change cost reallocation from Schedule A BI #97, to be shown in the next Pay Estimate. $2,394.36 $4,788.83 2. Incidental cost to compensate the Contractor, due to the reduction of the number of BigBelly trash receptacle installed, from 15 units to 12 units. $2,394.47 Subtotal for Schedule A: $4,788.83 Schedule B BI #68 Subtract $5,083.73 on the next Pay Estimate from this BI for FAs #4, #5, and #6. However, the $2,500.00 allowance for this BI will not be reduced. ($5,083.73) CO #17 Minor Change cost reallocation from Schedule B BI #68, to be shown in the next Pay Estimate. $5,083.73 Subtotal for Schedule B: $5,083.73 Total for Change Order #17: $9,872.56 The Contract time extension of this Change Order is stated below. c. From the need that Contract time extension should be granted to the Contractor, since some Minor Change works were paid to the Contractor through Schedule A BI #97 and Schedule B BI #68 on previous Pay Estimates, and these works impacted the Contractor's work schedule: The below Table #2 itemizes the Minor Change works that impacted the construction schedule: Table #2 Minor Change Work Item Item Description Working Day Impacted 1 #1 A Minor Change compensation was made to the Contractor for resolving some flow line elevation issues on the curbs and gutters at the northeast corner of the Andover Park West and Baker Boulevard intersection. As a result, the surface water will flow to the lowest point of the curb and gutter, where a catch basin is located. Documented by FA #11, a total of $308.73 was paid to Schedule A BI #97 in Pay Estimate #9. #2 A Minor Change compensation was made to the Contractor for demolishing and removing an existing sidewalk section at the southwest corner of the Andover Park West and Baker Boulevard intersection, in order to comply with ADA standards when matching the new sidewalk with the existing sidewalk from the Southcenter Mall. Documented by FA #12, a total of $535.87 was paid to Schedule A BI #97 in Pay Estimate #9. 1 #3 As stated above in this Change Order, a Minor Change payment was made to the Contractor for tying an existing storm water pipe behind California Pizza Kitchen to Catch Basin #9. As a result, the storm water from this existing pipe can flow to a storm water system. Documented by FA #10, a total of $2,394.36 was paid to Schedule A BI #97 in Pay Estimate #9. 1 #4 As stated above in this Change Order, a Minor Change payment was made to the Contractor for removing portions of the existing luminaire bases from Station 14 +00 RT to 18 +15 RT, in order to install the new curbs and gutters. This utility conflict was not identified on the Project Plans. Documented by FA #4, a total of $854.65 was paid to Schedule B BI #68 in Pay Estimate #10. 1 Total Working Days Impacted: To convert the 4 impacted working days to calendar days: 4 working days X (7 calendar days / 5 working days) = 5.6 calendar days = 6 calendar days (after rounding up) Therefore, a Contract time extension of 6 calendar days is warranted. 4 Sheet 1 of 1 DATE: July 16, 2015 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 16 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.6.5.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street andWater Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: r.te _ ' 2-1/1 S By tifirktft . ��. Original Contrac (withou t tax Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT riginal Contract Time: 270 Calendar Days ditional Contract Time for this Change Order: 0 Day Updated Contract Time: 300 Calendar Days $ 5,960,574.00 $ 160,406.92 ✓ $ ($4,968.08) f $ 6,116,012.84 -qo r Contractor Road Construction Northwest, Inc. Title Jeffrey M. Kanyer, President APPROVED BY THE CITY OF TUKWILA Date By 4111Y.../ ✓ Irayor City Engineer ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File / 51 di a OVG /NR--S (11/2014) EXHIBIT "A" CHANGE: This Change Order eliminates the Contract requirement on sawcutting a v- groove cut into the mixed - pattern concrete sidewalk score joints. This Contract requirement was stated in the Project Specifications, Special Provisions, Section 8- 14.3(3), and the Project Plans, Sheet 36, Detail #2. When the Contractor was constructing the mixed - pattern concrete sidewalks, the Contractor proceeded to sawcut all the score joints, while planning to secure a sub - contractor in the future to apply a more decorative -look v- groove cut to the same score joints. However, after the sawcutting work on the score joints, the Contractor was unable to secure a qualified sub- contractor to apply the required v- groove cut on the same score joints. The Contractor also applied, on their own, the required v- groove cut on couple of the same score joints as a sample demonstration. However, the edges on these score joints were either damaged by the blades or unappealing, and thus were not acceptable to the City. Upon further evaluation of the Contractor's completed sawcutting work on the score joints, City project staff found that the sawcutting work was adequately comparable to the required v- groove cut both aesthetically and functionally. Therefore, City project staff decided to ask the Contractor to submit a credit proposal, in lieu of performing v- groove cut at the mixed pattern sidewalk score joints. Please see the enclosed April 16, 2015 letter from the Contractor for the $4,968.08 credit proposal details. COST AND TIME CONSIDERATIONS: A total credit of $4,968.08 to the City will be generated from this Change Order, in a lump sum amount to Schedule A. This credit figure was independently justified by the City's construction management team for this project. This Change Order will not result in any change to the contract time. Road Construction Northwest, Inc. PO Box 188 Renton, Washington 98057 (425) 254 -9999 (425) 254 -1334 fax April 16, 2015 To: City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 ATTN: Mr. Peter Lau RE: City of Tukwila — Urban Transit Center Project City Project Nos.: 90610402, 98810404 and 99840105 RCNW Job #1314 SUBJ: Contractor Credit for Deleted Scope — V- groove Decorative Scoring of Transit Center Sidewalk Panels Dear Peter, This credit proposal is in response to the email notice you gave RCNW on January 28th, 2015 that the v- groove decorative scoring scope of the transit center concrete sidewalk areas had been deleted. As requested, here is our proposed credit to the City of Tukwila in lieu of performing that scope of work. Summary of costs are as follows: Foreman — Straight Time (2) Laborers — Straight Time Ford F -550 Crew -Truck (38 -73) Diamond Crack Chaser Blades 4 -Hours @ $62.34 (2)x32 -Hours @ $49.47 32 -Hours @ $42.27 4 @$50 TOTAL $ 249.36 $ 3,166.08 $ 1,352.64 $ 200.00 $ 4,968.08 Based on the labor and material costs RCNW expected to incur in order to perform the work scope detailed above which was deleted, we hereby offer the City of Tukwila the sum of $4,968.08 as a credit for not having to perform that work. Please issue us a Deductive Change Order for this credit as discussed. Should you have any questions or concerns, please contact me at (425) 254 -9999 x -24. • Sincerely, Anthony Stolz DATE: July 1, 2015 13 -209 (o) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 15 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 Co' PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Water Improvement Project Sheet 1 of 1 TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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 _ • / . ,, bove d below. �_.1 7 3 — 2c' /S AI Vie/ ACCEPTED: Date Contractor Mii!NKA By Title Jeffrey 1 : r, President Original Contract (without tax) $ 5,960,574.00 APPROVED BY THE CITY OF TUKWILA / Previous Change Order $ 136,089.18 v Date This Change Order (without tax) $ 24,317.74 I By REV. CONTRACT AMOUNT $ 6,120,980.92 I Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 4 Days Updated Contract Time: 300 Calendar Days ayor City Engineer P4ar `T f /15 RIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File / sf d / r 16 /6/ /v,9 (11/2014) EXHIBIT "A" CHANGE: This Change Order (CO) provides compensation to the Contractor for the added costs associated with the various electrical work changes on the Tukwila Urban Center Transit Center, Andover Park West Street and Water Improvement Projects (Transit Center Project). During construction, the Contractor encountered several electrical work changes due to Design Plan errors or unanticipated differing site conditions. These electrical work changes were addressed by City Project staff by issuing Field Directives (FDs) #14, #20, #21, #26, #31 and #39 to the Contractor. These FDs were issued to provide or assist in the functionality of the Project's electrical features, in order to meet the intent of the construction project. Summary of the six Field Directive descriptions are: FD # FD Title Description of the FD FD No. 14 Replace Electrical Conduit for Southcenter Mall's Signage The electrical conduit supplying power to the Southcenter Mall sign at the Firestone site, was not shown on the Project Plans, but was in conflict with the new wall foundations for the West Transit Center. During excavation for the new wall foundations, this existing electrical conduit was torn apart. This FD directed the Contractor to install a new electrical conduit, electrical junction boxes, and electrical conductors to replace the damaged electrical conduit. FD No. 20 Install Two 3 -Inch Communication Conduits and Two 2- Inch Electrical Conduits Across Andover Park West The 3 -inch communication conduits shown as existing on the Project Plans could not be found on site. This FD directed the Contractor to install two 3 -inch communication conduits and two 2 -inch electrical conduits from the Northwest (NW) corner to the Northeast (NE) corner of the Baker Boulevard and Andover Park West intersection. These new conduits were for the East Transit Center closed- circuit television (CCTV) and lighting connections. FD No. 21 Electrician's Assistance to The City's Construction Management (CM) Team This FD directed the Contractor to provide a licensed electrician to help the CM team with investigating the existing electrical facilities on site, due to multiple misrepresentations on the Project Plans. In addition, the designed conduit runs were separated into different types of run — power and communication/CCTV. In the original Design, all of these conduit runs were taken into the same junction box. Page 1 of 4 FD # FD Title Description of the FD FD No. 26 Electrical Junction Box Relocation and Communications Conduit Additions This FD directed the Contractor to relocate a Type 8 electrical junction box from the Southeast (SE) corner to the NE corner of the Baker Boulevard and Andover Park West intersection. A Type 2 electrical junction box still was built at the SE corner of the Baker Boulevard and Andover Park West intersection. New 3 -inch communication conduits were also installed to connect to these two junction boxes, as 3 -inch communication conduits shown as existing on the Project Plans could not be found on site. FD No. 31 Reroute Electrical Conduits from the Strander Boulevard and Andover Park West Intersection This FD deleted electrical and civil features shown on the Project Plans at the NE corner of the Strander Boulevard and Andover Park West intersection. By revising the quantities of electrical conduit and junction box, the electrical connection for the street lights south of Baker Boulevard was rerouted to the new service panel at the Baker Boulevard and Andover Park West intersection. FD No. 39 Install Additional Lighting Contactors The designed service cabinet included only one contactor for all the lightings of the Project. One contactor was insufficient to handle the increased electrical load from the Transit Center Project. This FD directed the Contractor to install additional five lighting contactors, and allow all six lighting circuits to be switched by photocell. In addition, this FD required wire splicing to meet conduit fill code in the existing conduit, entering the existing electrical service base. Summary of Force Account (FA) Sheets to pay for the electrical work changes stated in the above 6 FDs: Dates of Work FA Amount FD # which Generated This FA Work CO Cost Allocation 05/01/14 and $ 6,934.69 FD No. 14 CO cost will be allocated to Schedule A, 07/09/14 since the work took place at West Transit Center. 08/04/14 $ 3,343.32 FD Nos. 20 and 21 CO cost will be allocated to Schedule B, since the work took place at road segments of Andover Park West. 08/19/14 $ 981.19 FD No. 21 CO cost will be allocated to Schedule A, since the work took place at the transit center segments of Andover Park West. Page 2 of 4 Dates of Work FA Amount FD # which Generated This FA Work CO Cost Allocation 08/20/14 $ 1,624.13 FD No. 26 CO cost will be allocated to Schedule B, since the work took place at road segments of Andover Park West. 08/22/14 $ 2,906.29 FD No. 26 CO cost will be allocated to both Schedules A and B, since the electrical conduit work benefits both transit center and road elements of the project. 08/24/14 $ 1,815.16 FD No. 20 CO cost will be allocated to both Schedules A and B, since the electrical conduit work benefits both transit center and road elements of the project. 08/26/14 $ 3,560.90 FD Nos. 20 and 21 CO cost will be allocated to both Schedules A and B, since the electrical conduit work benefits both transit center and road elements of the project. 2 Separate Days in Late January and February of 2015 $ 3,152.06 FD No. 39 CO cost will be allocated to both Schedules A and B, since the electrical conduit work benefits both transit center and road elements of the project. Total CO Amount: $24,317.74 COST AND TIME CONSIDERATIONS: The total CO cost to the Contract is $24,317.74. New Bid Items titled "Miscellaneous Electrical Changes" will be created in both Schedules A and B. When CO cost is allocated to both Schedules A and B, the allocation proportions are based on the percentage split between the original contract amounts of Schedules A and B, as shown in the table below: Contract Schedule Original 1 Schedule Value Summation of the 2 Schedule Values Percentage Calculation Proportional Percentage Split A $3,726,675.00 $3,726,675.00 4. 72.35% $5,150,724.00 $5,150,724.00 = B $1,424,049.00 $1,424,049.00 = $5,150,724.00 = 27.65% Therefore, based on the above FA amounts and percentage splits, the CO cost allocations to Schedule A is $16,188.68, and to Schedule B is $8,129.06. Most of these electrical work changes did not interfere with the project schedule critical path, with the exception of installing the 3 -inch communication conduits across Andover Parkway Page 3 of 4 West (from FD No. 20) — one work night to install the conduits across the road, and another work night to reroute the conduits around Catch Basin No. 9. Another work night was also used to install the 3 -inch communication conduits across Baker Boulevard (from FD No. 26). Therefore, a total of 3 working days should be added to the Contract time, to account for the impacts from this Change Order. However, as the Contract time is counted in calendar days, the Contract time will be extended for 4 calendar days instead of 3 working days. Page 4 of 4 Sheet 1 of 1 CITY OF TUKWILA ¢(OW i 0 ���.. ;, _ CONTRACT CHANGE ORDER NO 14 DATE: April 13,2015 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13-209 (n) PROJECT NAME: Tukwila Urban Center Transit Center Project,Andover Park West Street and Water Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the"Owner"and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the"Owner"are not prejudiced; 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. CHANGE: See Attached Exhibit"A" 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. ACCEPTEo Date -2.D- -'' Contractor Road Construction Northwest, Inc. r�" B Y l.�iir��,.c Title Jeffrey M. Kanyer/President Original fact (without ax) $5,960,574.00 APPROVED BY THE CITY OF TUKWILA Previous Change Order $ 137,057.42 Date - . �` This Change Order(without tax) $ ($968.24) By ' ' /' �G.`iL�!✓ f Mayor REV. CONTRACT AMOUNT $6,096,663.18 Original Contract Time: 270 Calendar Days City Engineer -14-IS Additional Contract Time for this Change Order: 0 Day Updated Contract Time:296 Calendar Days ORIGINAL: City Clerk (1 of 2) cc:Finance Department (w/encumbrance) Contractor(2 of 2) Project Management File PW Project Finance File (11/2014) EXHIBIT "A" CHANGE: This Change Order summaries the substitution of plants for the Tukwila Urban Center Transit Center, Andover Park West Street and Water Improvement Projects (Transit Center Project). A credit will be generated for the City after combining all the material cost and credit figures due to these plant substitutions. The Contractor was unable to provide some of the plants that were specified for the Transit Center Project. These plants were either damaged in a winter freeze, unavailable in all nurseries in this region, or not of an acceptable quality or size. Through Request for Information (RFI) #s 61, 73, 89, 90, 92 and 96, the Contractor made multiple plant substitution requests to the City. City Project Staff evaluated these plant substitution proposals, and accepted or modified these proposals with credits or no additional cost to the City. COST AND TIME CONSIDERATIONS: A total credit of $968.24 to the City will be generated from this Change Order, based on all the material cost and credit figures stated in the table below. This Change Order credit shall be represented in a lump sum amount, in which $539.24 of the credit will be allocated to Schedule A, and the remaining $429.00 will be allocated to Schedule B. These material cost and credit figures were independently researched and assembled by the City's construction management team for justification purpose. This Change Order will result in no change to the contract time. Costs and Credits from all Plant Substitutions: Bid Item Item and Substitution Quantity Unit Material Amount Schedule # Descriptions Unit Price Unavailable: Gleditsia triacanthos var. 5 EA $(168.00) $(840.00) inermis `Shademaster', 2.5" cal., 12'-14' ht. A 84b Substituted by: Gleditsia triacanthos var. 5 EA $138.00 $690.00 inermis `Shademaster', 2.0" cal., 12'-14' ht. Unavailable: Berberis thunbergii `Monomb', 126 EA $(19.98) 18" ht., 5 gal. A 84f No cost Substituted by: difference. Berberis thunbergii var. 126 EA $19.98 atropurpurea 'Crimson Pigmy', 18" ht., 5 gal. Unavailable: Cedrus deodara 'Fee lin Blue', 18 EA $(42.85) $(771.30) 24" spread, 5 gal. A 84g Substituted by: Cedrus deodara Feelin Blue', 18 EA $29.46 $530.28 15"-18" spread, 5 gal. Unavailable: Cistus salvifolius `Prostratus', 22 EA $(10.00) $(220.00) 24" spread, 5 gal. A 84i Substituted by: Cistus salvifolius `Prostratus', 1 22 EA $3.50 $77.00 gal. Unavailable: Nandina domestica 'Gulf 16 EA Same plant at 5-gallon Stream', 18" ht., 5 gal. size provided. The A 84j difference in height did Substituted by: not result in unit cost Nandina domestica 'Gulf 16 EA difference. Stream', 12" ht., 5 gal. Unavailable: Pinus mugo `Pumilo', 18" ht., 5 6 EA $(11.00) $(66.00) gal. 77A 841 Substituted by: Prunus laurocerasus 'Otto 6 EA $10.13 $60.78 Luyken', 15"-18" ht. Subtotal: $(539.24) Unavailable: Berberis thunbergii `Monomb', 156 EA $(19.98) 18" ht., 5 gal. 60g No cost Substituted by: difference. Berberis thunbergii var. 156 EA $19.98 atropurpurea 'Crimson Pigmy', 18" ht., 5 gal. Unavailable: Cistus salvifolius `prostratus', 66 EA $(10.00) $(660.00) 24" spread, 5 gal. B 60i Substituted by: Cistus salvifolius `prostratus', 1 66 EA $3.50 $231.00 gal. Unavailable: Mahonia nervosa, 12" spread, 36 EA 2 gal. Increased plant quantity B 60j by 50%, resulting in no Substituted by: cost difference. Mahonia nervosa, 12" spread, 54 EA 1 gal. Unavailable: Nandina domestica 'Gulf 157 EA Same plant at 5-gallon Stream', 18" ht., 5 gal. size provided. The B 60k difference in height did Substituted by: not result in unit cost Nandina domestica 'Gulf 157 EA difference. Stream', 12" ht., 5 gal. Subtotal: $(429.00) Total: $(968.24) Sheet 1 of 1 0, A'' �' CITY OF TUKWILA oil/ � , Apr � ... CONTRACT CHANGE ORDER NO 13 DATE: March 24,2015 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13-209 (M-) PROJECT NAME: Tukwila Urban Center Transit Center Project,Andover Park West Street and Water Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and.specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the"Owner'and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the"Owner'are not prejudiced; 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. CHANGE: See Attached Exhibit"A" 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. ACCEPTED: Date 34-5-/ic Contractor Rei1 -- Nortlbwest,Inc. By «,r.: Title_ Jeffrey M. Kanyer,President Origin. Conti ct(without tax) $5,960,574.00 ✓ APPROVED BY THE CITY OF TUKWILA Previous Change Order $ 120,081.06 d Date Apv 2. This Change Order(without tax) $ 16,976.36 J By 1_ti► 4 / ayor REV. CONTRACT AMOUNT $6,097,631.42 ✓ / Original Contract Time: 270 Calendar Days City Engineer g-FEr 3/2-445 Additional Contract Time for this Change Order: 8 Days Apdated Contract Time:296 Calendar Days ORIGINAL: City Clerk (1 of 2) cc:Finance Department (w/encumbrance) Contractor (2 of 2) Project Management File PW Project Finance File / sfdi" CZ(67/1/ffr-S (11/2014) EXHIBIT "A" CHANGE: This Change Order provides compensation to the Contractor for the added cost associated with the additional excavation depth to connect the new waterline on Andover Park West (APW) with the existing water main on Strander Boulevard. Project Plan Sheet 47 shows that the new waterline connection point at the APW and Strander Boulevard intersection to be at a depth of approximately 7 feet from the top of roadway. During potholing to locate the existing water main on Strander Boulevard, this water main was found to be 12 feet deep from the road surface instead. Therefore, the change in excavation depth to connect the new and existing water pipes, became a changed condition. Because of this pipe connection depth change, the Contractor needed to request for a redesign of the waterline profile, provide a more substantial shoring system for the extra excavation depth, and have a separate coordination meeting with the City's Public Works (PW) water maintenance staff to discuss the additional risk for the waterline tie-in. STA. 1r+41. 22.i •T 6 1 LF± F° LI crs 1-1r fa. FL ' f 1 HY I-J I A:i:1=t',L'LY" <ri 1—.<. U FLA4C;E `.= I 12" 01 1 N T?-LiIr faTE 1AL.E, FL ,I fiYC 7 [ i 2-14' LATE 4LVE FL T .11Mr. al t i= 'ems 8"x Reducer ne_-; 8° Liam. DI pipe T connection at 45 :, deg to existing main 1- `1 t 'STA.122-::0--` 1 ELEV= 1r.1,C, FIE»•= St 1= . $5 d g fit_tin. xlstin 8" I lain 1 E _v. 15150 'ES tL1.1 t?-d::: 'Tr;:L1 COST AND TIME CONSIDERATIONS: The Contractor is to be compensated on a lump sum amount, based on the actual works performed and tracked by force account. The following items of work added unexpected costs to the Contractor: • After the first work night (June 5 to 6 of 2014) of potholing for 10 feet deep and the Contractor could not locate the existing water main on Strander Boulevard, the Contractor had to come out on the next work night (June 9 to 10 of 2014) to pothole again. The water main on Strander Boulevard was finally located on this work night. • After the water main tie-in at the APW and Strander Boulevard intersection was re-designed, and the Contractor re-sequenced their other construction work items, the Contractor came back to work on this water main tie-in on the work night of October 6 to 7, 2014. On the work night of October 7 to 8, 2014, the Contractor excavated the additional soil beyond 7 feet deep, and installed a more substantial shoring system. During this excavation, the Contractor also uncovered a Puget Sound Energy gas line and addressed this utility conflict. • A vactor truck was used on both work nights of June 9 to 10 and October 7 to 8, 2014, for the potholing and excavation works beyond 7 feet deep. • For the last 20 feet of new waterline prior to connecting with the existing water main on Strander Boulevard, the water main tie-in redesign caused some adjustments in the pipe fittings. Therefore, all the materials in these 20 feet were tracked by force account of this Change Order, including the materials included in the existing Bid Items. On the work night of October 8 to 9, 2014, while PW water maintenance staff was unavailable to shut off the existing water main on Strander Boulevard (in order to conduct the water main tie-in), the Contractor spent time assembling the redesigned waterline materials. • On the work night of October 9 to 10, 2014, PW water maintenance staff was on site to shut off the existing water main on Strander Boulevard. As a result, the Contractor was able to install a gate valve assembly to the existing water main. The extra depth of shoring was then removed; and the site was backfilled with concrete density fill. • From the nights of October 10 to 12, 2014 (Friday to Sunday nights), the Contractor did not work on these 3 nights as they worked on 4 nights a week, and 10 hours per night. • On the work night of October 13 to 14, 2014, the Contractor worked on other contract work items. • On the work night of October 14 to 15, 2014, the Contractor excavated and tied the gate valve assembly with the new waterline on APW. The extra depth of shoring beyond 7 feet was again employed this night. The water main tie-in work was also completed this night. The total additional cost to the Contractor is $16,976.36, as tracked by force account. A new bid item titled "Additional Depth for Waterline Tie-In at Strander Boulevard" will be created in Schedule C to account for this change order cost. From June 9 to October 15 of 2014, the Contractor was delayed for 8 calendar days due to this additional depth to connect the waterline. Thus, the Contract time will be extended for 8 calendar days to account for the impact from this Change Order. CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 12 13-2090 Council Approval N/A Sheet 1 of 1 DATE: February 3, 2015 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65. 0 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 ( .� PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Water Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner' and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. 1h 10 11101 MW� Contractor Road Construction Northwest Inc. Title Jeffrey M. Kanyer / President Orig. I � tr' ' t ( ithout tax) $ 5,960,574.00 Previous Change Order $ 112,651.92 This Change Order (without tax) $ 7,29.14 '/ REV. CONTRACT AMOUNT $6,080 , 655.06 '/ Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 0 Days Updated Contract Time: 288 Calendar Days --------------------------------------------- ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File APPROVED BY THE CITY OF Date ��. . City Engineer �10 i S cc:Finance Department (w /encumbrance) Project Management File (11/2014) EXHIBIT "A" CHANGE: This change order provides compensation to the Contractor for the added cost associated with perforating the hot mix asphalt (HMA) overlay at the project site on a weekend. The Contractor was ready to conduct the HMA paving work in the beginning of November 2014, and before the Tukwila Central Business District moratorium in 2014. With weather forecast of continuous inclement cold and wet weather in the following week, the Contractor was able to locate a break in the inclement weather with no rain and warmer temperature in the weekend of November 1 and 2, 2014. By paving the top layer of HMA in this weekend, it would finish a critical path item on the project schedule and provide a smooth driving surface for vehicular traffic. However, performing HMA paving on a weekend also required additional costs to open up the asphalt plant for furnishing HMA, and the overtime wages for the labors. Upon considering the inclement weather forecast and to keep the construction progressing, the City agreed with the Contractor's proposal to equally split the total additional cost of paving on a weekend. COST AND TIME CONSIDERATIONS: Per the enclosed October 31, 2014 letter, the Contractor proposed the 50% shared cost from the City to be $9,965.70. However, the City's construction management team found a few incorrect assumptions in the Contractor's proposal, and reduced the shared cost to $7,429.14. The Contractor will be compensated on a lump sum basis to Bid Schedule B with a new bid item titled "HMA Paving Weekend Premium ". The cost of this Change Order was independently verified by the City's construction management consultant. Road Construction Northwest, Inc. PO Box 188 Renton, Washington 98057 (425) 254 -9999 (425) 254 -1334 fax October 31, 2014 To: City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 ATTN.: Mr. Peter Lau RE: City of Tukwila — Urban Transit Center Project City Project Nos.: 90610402, 98810404 and 99840105 RCNW Job #1314 SUBJ: Contractor Request to Perform HMA Overlay on Saturday 11/1/14 at 8:00 PM through Sunday 11/2/14 at 10:00 AM with Assistance Covering the Added Cost Peter, As we discussed in detail at the weekly meeting yesterday, it is extremely difficult to effectively plan, coordinate and execute paving operations at this time of the year. Unpredictable weather conditions and limited subcontractor availability make it very challenging. So given this, RCNW has been tentatively coordinating all resources to complete the HMA overlay scope this coming weekend since noticing the approaching forecasted break in the weather. All parties seem strongly in agreement this forecasted window of relatively dry weather appears to be the only period of time in the near future that will allow us to complete the overlay as specified. I believe we all fully understand the risk associated with not taking this opportunity to complete this scope, with colder weather most likely baring down on us. Even this window could close on us with little warning, which we will still have to react to as we approach the pave. We appreciate the City's willingness to work with us and make the necessary decision to invest in completing this overlay now while we seemingly have an acceptable, albeit inconvenient, window to do so. For all of the reasons previously discussed at length, including safety, maintenance, extended weather forecast, and overall project timeline, RCNW is hereby requesting approval to perform the HMA overlay portion of the project this Saturday, 11/1/14 at 8:00 PM through 10:00 AM Sunday, 11/2/14. There will be sizably more costs to execute this weekend paving operation compared to our original plan at the time of bid. We believe that these incremental costs would qualify under the contact as fully compensable. We have discussed the additional costs to perform this work at this time, and in the spirit of cooperation we are amicable to splitting these additional cost evenly with the City so as to hit this major milestone, and eliminate the threat of impending winter weather and a return to the discussion of a project suspension. Please review the breakdown cost summary below, which includes all additional costs related to paving on these dates during the overnight from Saturday into Sunday morning, and confirm the City is in agreement to this work progressing as well as agreeing to offer payment for 50% of these extra costs. Page I of 2 Summary of total additional costs are as follows: haborer rate = 49 47 for salary staff and equipment, the rate is same regardless of time /date of work. the number of hours for the work does not change so even if the work was performed on a same Ps costs be the additional cost — _ is only the . _,_..,., , A — b,, — m _ —_ added premium 3- Laborers — Overtime (Sat. Night) 12 -Hours @ $73.12 $23.65 $ 877.44 1283.80 3- Laborers — Double Time (Sun. Morning) 24 -Hours @ $96.74 $47.27 $ 2,321.76 1134.48 Cv,aris ent RiGk =T p ,14-Houres V)0_'2 1 S_ +F" Lakeside (Plant Opening & Overtime) 1 -LS @ $12,000 $ 12,000.00 SUBTOTAL $ 18,491.40 13,418.28 Allowable Mark -Up on Labor Allowable Mark -Up on Equipment Allowable Mark -Up on Special Services $0.00 @ 0% $ $ 0.00 $0.00 @ 0% $ $ 0.00 $12,000.00 @ 12% $ 1,440.00 TOTAL $19,931.40 14,858.28 RCNW is not putting any additional allowable contractor markup on our Labor & Equipment. The City of Tukwila's portion of this 50 -50 split is $9,965.70. Please issue us a 7,429.14 Change Order so that we can be reimbursed for your portion of these added costs. In addition, given the difficulties of scheduling, coordinating and performing this weather - sensitive scope of work, i.e., not able to pave this Wednesday or Thursday, as planned due to wet - weather, we are also requesting that RCNW not be charged a contract day for this weekend's work. We'll incorporate this request into our separate weather -delay request for this week. Please feel free to contact me at (425) 531 -0971 to discuss further. Sincerely, Anthony Stolz Project Manager Road Construction Northwest, Inc. Attachment - Change Order Request Page 2 of 2 City of Tukwila Tukwila Urban Center Transit Center Project Andover Park West Street Improvement Project and Andover Park West Water Improvement Project Change Order Log Project #s: 90610402, 98810404, 99840105 Contract #: 13 -209 Change Order Subject Amount Cumulative Amount Contract Change to Date Contingency Remaining Contingency Used New Construction Contract Total 1 Mobilization Specifications Revision $0.00 $0.00 0.00% $905,626.00 0.00% $5,960,574.00 2 Additional Survey $15,232.00 $15,232.00 0.26% $890,394.00 1.68% $5,975,806.00 3 Catch Basin #4 Revision $1,868.00 $17,100.00 0.29% $888,526.00 1.89% $5,977,674.00 4 Temporary Bus Stop Asphalt Pad $5,628.01 $22,728.01 0.38% $882,897.99 2.51% $5,983,302.01 5 Plant Quantity Adjustments - $16,804.00 $5,924.01 0.10% $899,701.99 0.65% $5,966,498.01 6 New Temporary Construction Easement with Open Frame $0.00 $5,924.01 0.10% $899,701.99 0.65% $5,966,498.01 7 New Temporary Construction Easement with WEA Southcenter $13,963.91 $19,887.92 0.33% $885,738.08 2.20% $5,980,461.92 8 Watermain Upgrade at Baker Blvd. $65,000.00 $84,887.92 1.42% $820,738.08 9.37% $6,045,461.92 9 Schedule A Bid Item #74, Change from "EA" to "LS" $0.00 $84,887.92 1.42% $820,738.08 9.37% $6,045,461.92 10 4 -Inch Underdrain Pipe and Fabric $13,904.00 $98,791.92 1.66% $806,834.08 10.91% $6,059,365.92 11 Acura Irrigation Restoration $13,860.00 $112,651.92 1.89% $792,974.08 12.44% $6,073,225.92 12 Asphalt Overlay on a Weekend $7,429.14 $120,081.06 2.01% $785,544.94 13.26% $6,080,655.06 N/A PSE Vault Relocation Change Order No. 3 $119,435.31 $239,516.37 N/A $666,109.63 26.45% N/A N/A Supplement Agreement No. 1 for Construction Management Contract with AECOM Technical Services $160,090.29 $399,606.66 N/A $506,019.34 44.12% N/A N/A PSE Service Disconnection at the Intersection of Andover Park West and Baker Boulevard $12,034.63 $411,641.29 N/A $493,984.71 45.45% N/A Page 1of2 City of Tukwila Tukwila Urban Center Transit Center Project Andover Park West Street Improvement Project and Andover Park West Water Improvement Project Change Order Log Project #s: 90610402, 98810404, 99840105 Contract #: 13 -209 Change Order Subject Amount Cumulative Amount Contract Change to Date Contingency Remaining Contingency Used New Construction Contract Total N/A Permit Fee to Install 2 New Water Meters $13,260.00 $424,901.29 N/A $480,724.71 46.92% N/A Page 2 of 2 DATE: January 29, 2015 13- 209(k) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 11 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 Sheet 1 of 1 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 f W a Ce PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street an r Improvement Project TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Date 1-2.9—/ 5 Contractor Road Construction Northwest, Inc. By�it —r✓ i 1 Original Con ac th. ttax Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Title Jeffrey M. Kanver / President $ 5,960,574.00 1/ 98,791.92 ✓ Date $ 13,860.00 ✓ By $ 6,073,225.92 ✓ APPROVED BY THE CITY OF TUKWILA Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 3 Days Updated Contract Time: 288 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File r/fyor City Engineer CST 1- ZQ -15 cc:Finance Department (w /encumbrance) Project Management File (11/2014) EXHIBIT "A" CHANGE: This change order provides compensation to the Contractor for restoring an existing irrigation system on the east side of Andover Park West and south of Baker Boulevard. The existing irrigation system was Acura's private irrigation system. This private irrigation system was significantly damaged during the sidewalk and grass slope removals in the project demolition phase. During the planned demolition, the Contractor found that the irrigation pipes were part of the concrete sidewalk panels and ran just under the surface of the entire grass slope behind the old sidewalk. As the removal and grading limits were significantly lower than the existing slope, most of the irrigation system was torn out during sidewalk and grass slope removals. Restoration of disturbed irrigation systems was included in the Bid Schedules under Schedule B Bid Item Number 67 "Property Restoration — As Directed" for $10,000.00 force account. However, the complexity of the irrigation system restoration required a much more comprehensive effort, costing more than the value of Schedule B Bid Item Number 67, and delayed the construction progress for a total of 3 calendar days. COST AND TIME CONSIDERATIONS: The Contractor shall be compensated on a lump sum basis with a new bid item titled "Acura Irrigation Restoration" at a price of $13,860.00. The quoted price of $13,860 includes the contractor mark up and was independently validated by the City's construction management team. DATE: January 28, 2015 13 -209(j) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 10 BUDGET NO.: 104.98.595.800.65.00 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NO.: 90610402, 98810404, 99840105 CONTRACT NO.: 13 -209 C' PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and'ater Improvement Project Sheet 1 of 1 TO: Road Construction Northwest, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: 1- 24 -/ Contractor Road Construction Northwest, Inc. By Original Conttactl(w out tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Title Jeffrey M. Kanyer / President $ 5,960,574.00 / $ 84,887.92 ✓ $ 13,904.00 J $ 6,059,365.92 Original Contract Time: 270 Calendar Days Additional Contract Time for this Change Order: 0 Days Updated Contract Time: 285 Calendar Days APPROVED BY THE CITY OF TUKWILA Date By _�`:% iv /fOr City gineer e..e r 1/11/15 RIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File (11/2014) EXHIBIT "A" CHANGE: Project Plan Sheet 44 shows underdrain pipe to be installed between tree pits. These underdrain pipes are to be constructed on the east side of Andover Park West. Upon review of the Bid Schedule and Project Specifications, the Contractor pointed out that no payment mechanism was established in the Project Specifications to pay for the underdrain pipes and the fabric to wrap around the pipe bedding. Therefore, in order to pay this specified work, a change order is needed to produce a new bid item. COST AND TIME CONSIDERATIONS: The Contractor is to be compensated on a new unit price titled with "4 -Inch Underdrain Pipe and Fabric" at a price of $39.50 per lineal foot installed. The underdrain pipes to be installed between the tree pits are 16 lineal feet at each location. There are 22 locations where the underdrain pipes are shown for installation in the Project Plans. Therefore, the total cost for this work is $13,904.00. There will be no change in the contract time due to this change order. CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 09 13-209(i) Council Approval N/A You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: For Schedule A Bid Item #74 — Shelter with Windscreen, it is for the Contractor to furnish and install the 10 bus shelters for this Transit Center Project. The value of this Bid Item is a rather substantial sum of $910,000.00 total; and the unit for this Bid Item is "Each". As a result, each bus shelter has to be first substantially completed, in order for the City to issue $91,000.00 payment for each shelter. However, these transit shelters are being constructed by two fabricators, two galvanizing and coating companies, one electrical subcontractor, one erection company, and the prime contractor at different phases of the construction process over a few months. Due to the fact that the City cannot issue payment to the Contractor until these bus shelters are completely erected onsite, the Contractor has expressed the need to reduce their cash flow hardship, in order to timely compensate these fabricators and companies for their completed work well before these bus shelters are completed. In order to relieve these fabricators and subcontractors of their cash flow hardships, the City's construction management team proposes to change the unit of Schedule A Bid Item #74 from "Each" to "Lump Sum". As a result, the City can start issuing partial payments to the Contractor f ) Page 1 of 2 for this Bid Item, for works that were already completed as early as months ago. COST AND TIME CONSIDERATIONS: This Change Order does not change the Contract cost or time. 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. /o/V/V Contractor: Road Construction Northwest, Inc. ACCEPTED: Date By Title Jeffrey M. Kanyer / President Original Contract $ 5,960,574.00 / APPROVED BY THE CITY OF TUKWILA Previous Change Orders $ 84,887.92 /Date: This Change Order 0.00 By: REV. CONTRACT AMOUNT $ 6,045,461.92 Original Contract Time: Previous Added/Deleted Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: 270 Calendar Days 15 Calendar Days 0 Calendar Days 285 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of 2 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 08 13-209(h) Council Approval 11/18113 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: Per the Project Plans, Public Works Department could only access to the water main connection located at the intersection of Andover Park West and Baker Boulevard, by excavating and replacing the asphalt pavement within the intersection. However, as part of this Transit Center Project, this very same intersection will be replaced with concrete panels. If the City was to access the water main connection, or attempt to upgrade the existing aged 8-inch water main lateral in the future, the new colored concrete panels would need to be removed and replaced. Therefore, the City decided to carry out a change order work by replacing the existing aged 8- inch water main lateral with 117 lineal feet of new 12-inch water main across Andover Park West at the Baker Boulevard intersection, with the water main ends terminating just outside the concrete panel limits. As a result, Public Works Department can access the water main connection by only replacing asphalt pavement, and without having to replace the new colored concrete panels. Normally, asphalt replacement is faster and cheaper than concrete panel replacements. Page 1 of 2 ( COST AND TIME CONSIDERATIONS: Due to the amount of potential utility conflicts when excavating for this water main replacement work, the Contractor is to be compensated for all labors, equipment, and materials associated with this change order work on a force account (FA) basis. This change order work was carried out in the week of August 10, 2014, and took the Contractor roughly a week to finish. The total FA cost is still being discussed and finalized between the City's construction management (CM) team and the Contractor. Therefore, the City's CM team proposes to use the Engineer's independent cost estimate of $65,000.00 as a FA Bid Item for this Change Order amount. The Contract time will be extended for seven (7) calendar days to account for this extra work. 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. ACCEPTED: Date By Contractor: Road Construction Northwest, Inc. Title Jeffrey M. Kanner / President Original ct $ 5,960,574.00 vf APPROVED BY THE CITY OF TUKWILA Previous Change Orders 19,887.92 'Date: This Change Order 65,000.00/By: REV. CONTRACT AMOUNT $ 6,045,461.92 Original Contract Time: Previous Added/Deleted Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: 270 Calendar Days 8 Calendar Days 7 Calendar Days 285 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of 2 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 07 13-209(g) Council Approval N/A You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: This Change Order is to compensate the Contractor for adding 200 lineal feet of water-filled barriers at the southbound (SB) temporary bus stop on Andover Park West (APW), due to the renegotiation of the Temporary Construction Easement (TCE) with WEA Southcenter, LLC. In order to obtain adequate real estate to construct the Transit Center Project, the City entered into a TCE with WEA Southcenter, LLC on June 3, 2013. This TCE enabled the City's construction contractor to occupy 24 parking spaces and a small amount of additional areas, for equipment and material staging purposes when constructing the Transit Center Project. However, this TCE was expired on June 1, 2014, while the Transit Center Project was still underway. Per the Project Specifications, Road Construction Northwest (RCNW) is entitled to stage in this TCE area for 6 consecutive months during construction. With the construction began on February 10, 2014, RCNW was only able to occupy this TCE area for construction purposes for less than 4 months. Therefore, a renegotiated TCE with WEA Southcenter, LLC became necessary. C/6 WR---S Page 1 of 2 After much negotiations, the enclosed new TCE with WEA Southcenter, LLC was reached and signed on June 9, 2014. Under this new TCE, RCNW shall install 200 lineal feet of water-filled barriers at the back of the sidewalk at the SB temporary bus stop on APW, in order to establish a barrier between the bus riders and the Southcenter Mall parking lot. This new TCE also included some road closure notification requirements and restrictions for RCNW to comply with. COST AND TIME CONSIDERATIONS: The Contractor is to be compensated for $13,963.91 for installing the 200 lineal feet of water- filled barriers, per the enclosed June 16, 2014 cost proposal from the Contractor. 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. oeAV/5/ Contractor: Road Construction NW, Inc. ACCEPTED: Date By Original CInt Previous Change Orders 5,924.01JDate: This Change Order 13,963.911By: REV. CONTRACT AMOUNT 5,980,461.92 / Original Contract Time: Previous Added/Deleted Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: Title Jeffrey M. Kanyer / President $ 5,960,574.00 APPROVED BY THE CITY OF TUKWILA 270 Calendar Days 8 Calendar Days 0 Calendar Day 278 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of 2 After Recording Mail To: City of Tukwila Office of the City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT (GRANTED IN LIEU OF CONDEMNATION) Document Amended: 20130612001115 Grantor: WEA Southcenter, LLC Grantee: City of Tukwila Abbreviated Legal Description: Ptn. of Parcels A & G, BSP #L-10-032, V 256, Pgs. 1 - 9 Assessor's Property TPN(s): 920247-0010-00 and 920247-0070-07 Tukwila Urban Center Transit Center Project THIS FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT (this "First Amendment") is executed this 30 day of May, 2014 by WEA Southcenter, LLC, a Delaware limited liability company, (hereinafter called the "Grantor" or 'WEA"), in favor of the City of Tukwila, a Washington Municipal Corporation (hereinafter called the "Grantee" or the "City"). RECITALS A. WEA owns the property commonly known as Westfield Shopping Center (the "Property") located in Tukwila, Washington. B. The City is planning to construct a Transit Center and Plaza ("Transit Center") upon a portion of the Property within certain easement areas granted by WEA under separate instruments. C. WEA and the City are parties to that certain TEMPORARY CONSTRUCTION EASEMENT (GRANTED IN LIEU OF CONDEMNATION) dated June 3, 2013 and recorded in the real property records of King County under AFN 20130612001115 (the "TCE"). A description of the easement areas is attached hereto as Exhibit A. Page 1 of 8 53934 D. The term of the TCE expires on June 1, 2014. City and WEA agree to extend the term of the TCE from June 1, 2014 to November 15, 2014, on the terms and conditions stated in this First Amendment. E. Except as specifically modified, amended or extended in this First Amendment, all of the provisions of the TCE remain in full force and effect. NOW, THEREFORE, in furtherance of the foregoing recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Term of Easement. Upon the full execution of this First Amendment by the parties and recording of the First Amendment in the real property records of King County, Washington, the Outside Termination Date of the TCE shall be extended until November 15, 2014. 2. Notice of Termination. No later than December 1, 2014, City shall execute and record in the real property records of King County, Washington a document acceptable to WEA, adequate to terminate the TCE and this First Amendment of record ("Termination"). 3. Andover Park West Closures. 3.1. City intends to close Andover Park West (`APW') to vehicular traffic periodically to facilitate its construction activities. Any closure shall be of one, but not both, of the following portions of APW ("Portion"). The north Portion is that part of APW that lies south of Tukwila Parkway and north of Baker Boulevard ("Baker"). The south Portion is that part of APW that lies south of Baker and north of Strander Boulevard. Neither Portion includes the intersection of APW and Baker (the "Baker Intersection"), or any part of Tukwila Parkway or Strander Boulevard. 3.2. Any closure of either the north Portion or the south Portion of APW shall be limited to the hours of 7 pm to 7 am, Sunday through Saturday. Only one Portion of APW shall be closed on any night. 3.3. During any closure of the north Portion of APW the City shall keep open both the Baker Intersection and the south Portion of APW. 3.4. During any closure of the south Portion of APW, the City shall keep open both the Baker Intersection and the north Portion of APW. 4. Closure of the Baker Intersection. City intends to close the Baker Intersection for a limited period of time to facilitate its construction. City shall not close the Baker Intersection at any time prior to September 5, 2014. Any closure of the Baker Intersection shall be limited to a single period of not more than nine consecutive days. During any closure of the Baker Intersection, neither the north Portion nor the South Portion of APW shall be closed. Page 2 of 8 53934 5. Temporary Bus Stop. The City has placed a temporary bus stop on the public sidewalk on the west side of APW north of Baker. Within fifteen (15) days after the execution of this First Amendment by the parties, City shall install water filled plastic barriers of the type illustrated on Exhibit B, on and along the west edge of the sidewalk in front of the Temporary Bus Stop area, extending 100 feet to the north and 100 feet to the south (200 feet total). Upon opening the permanent Transit Center, City shall remove the Temporary Bus Stop and plastic barriers, and restore the entire area to its condition prior to the City's establishing the Temporary Bus Stop. 7. Notice and Coordination. Representatives from the City and the City's Contractor shall meet with WEA and WEA's traffic control consultant at least ten (10) days in advance of the first closure of any Portion of APW, and again at least ten (10) days in advance of the first closure of the Baker Intersection, to coordinate the schedule for the APW closures, any driveway closures, and temporary signage for the public right of way. 8. Authority. The parties signing below represent and warrant that they have the requisite authority to bind the entities on whose behalf they are signing. 9. Continuing Effect of TCE. All of the terms, conditions, rights and obligations of the parties stated in the TCE shall remain in full force and effect except as specifically modified herein. 10. For the purposes of this agreement, the term "closure" shall mean a complete closure of the identified roadway. "Closure" does not include limited lane closures that allow the roadway to remain open to public traffic during construction." Signature on Following Page Page 3 of 8 53934 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed on the date first set forth above. GRANTOR: WEA SOUTHCENTER LLC, a Delaware limited liability company: By: Southcenter REIT 1 LLC, a Delaware limited liability company, its managing member By: Southcenter 1 LP, a Delaware limited partnership, its sole member By: Westfield Southcenter GP LLC, a Delaware limited liability company, its general partner By: Southcenter Holding 2 LLC, a Delaware limited liability company, its sole member By: Westfield America Limited Partnership, a Delaware limited partnership, Its Sole Member By:Westfield U.S. Holdings, LLC, a Delaware limited liability company Its general pa By: 53934 ker, Assistant Secretary Page 4 of 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS On Date personally appeared before me trInsert e and Tide of the ' //-4e ok N e(a) of igner(s) po 611c: USA M. SHELLEY Commission # 1931433 Notary Public - California Los Angeles County My Comm. Expires Apr 30, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(ar whose name(4 is/&e subscribed to the within instrument and acknowledged to me that he/sip/144 executed the same in his/hr/their authorized capacity(*), and that by histier/thgir signature( on the instrument the person( g or the entity upon behalf of which the person ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official al. ri // .000 Signature OPTIONAL S na re e of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Type of Document: Document Signer(s) Other Tha med Above: Capacity(ies) Claimed by Signer's Name: O Individual O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator LJ Other: er(s) Signer Is Representing: FUOHTThUMOPAINT OF SIGNER Number of Pages: Signer's Name: 0 Individual 0 Corporate Officer — Title(s): ner — 0 Limited 0 General 0 Attor in Fact ElTrustee 0 Guardian or Con ator 0 Other: Signer Is Representing: RIGHT T1 IUMBPRINIT OF SIGNER To of thumb here 02007 National Notary AssociatIon• 935000 Soto Ave„ P.O. Box 2402 • Chatsworth, CA 91313-2402• vavw.NallonaiNotary.org Item 05907 Reorder Call Toll-Free 1-800-876•6827 GRANTEE: CITY OF TUKWILA a Washington muni pal corporation By: Name: J Hz 47 Its: Attest/Authenticated: STATE OF WASHINGTON ) ) ss. County of King /-) On this day of Vt,eti , 20111, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jilin Hoy , known to me to be the Pa qty of CITY OF TUKWILA, the mum al corporation that executed the foregoing instrVment, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. Approved As to Form: LUP Tor?. , City Attorney WITNESS my hand and official seal hereto affixed the day and year above written. Prin Notary Public in a d for the Washington, residing at My appointment expires 946 Dated this day of 53934 Page 5 of 8 EXHIBIT A (LEGAL DESCRIPTION) City ofTukwila Parcel A and G- Biiicling Site PIan #L 10'032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Center Teniporary Construction Easement Description That poitionof Parcels A and Gnf City of Tukwila Binding Site Improvement Plan No. L|0-032,recorded in votume 256 ofPlats, Pages 1 through 9, under Recording No. 20!0|U2\OOO705. records nf King County, Washington, described as foltows: Comniencing at the northeast corner ofsaid Parcel G; Thence North O0"\|'3 8 " West along the east line, of said Parcel A, and the west margin of Andover Park West, a distance of 288.32 feet to the POINT OF BEGINNING ofthe easement herein described; Thence South 89"46'20 " West a distance of 29. 76 feet to the beginning ofa tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the arc of said curve through u central angle nf2"lj']7^a distance nf4.93 feet; Thence South O0"|\'JX'' East u distance u[\4.66 feet to the beginning ofa non-tangent curve concave to the south from which the center point bears South 03"47'06" East a distance of 95.00 feet; Thence westerly along the arc o[ said curve through o central angle n[3O"O8'27"u distance of40.3| feet; Thence South 33"532|'' East a distance nf 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the arc of said curve through a central angle of 56°20'23" a distance of 7.87 feet; Thence North 8P"46'|6 "East u distance oflV.6Vfeet; Thence South 00" 11 '38" East a distance of 386.74 feet to the beginnirig ofa nori-tangent curve concave to the east from which the radius point bears North 61"3545" East distance of 8.25 feet; Thence southerly along the arc ofsaid curve through uccnua| angle nf|4"07'j3"u distance ofZ.O4 feet mthe beginning o fa compound curve concave to the north and having a radius of 13.00 feet; Thence easterly atongthe the arc of said curve through a central angle of 49°40'21" a distance of 11.27 feet; Thence North 80"4822'' East a distance of2l40fee t»o said west margin of Andover Park West; Thence South OO°|| '3X" East along said west margin a distance o[5.O0feet; South 89"4V'22'' West udistance of23.40feet to the beginning ofa tangent curve concave to the northeast and having a radius of 18.00 feet; Thence northwesterly along the arc ofsaid curve through u central angle o[48°2727"a distance of|522 Feet Feetto the beginning ofa compound curve having a radius of 13.25 feet; Thence northerly along the arc ofsaid curve through a centrai angle of22°05'4 i"u distance of5.}|feet Feet; Thence North 00" ||38'' West u distance of 11.24 feet; Thence South 89°4U'07" West a distance of 4.00 feet; Thence North OO"i)'38'' West u distance nf|5.88 feet; Thence North 89"4O'O7^ East u distance nf4.O0 feet; Thence North OO" 11'38" West a distance of 112.50 feet; Thence South 90"00'00" West a distance of 14.31 feet; Thence North 00°16'56 " West a distance of 243.16 feet to the beginning of a non-tangent curve concave to the northeast from which the radius point bears N0|dhO0"l3'44'' West adistance of 13.00 feet; Thence northwesterly along the arc ofsaid curve through a central angle n[56"Z0'23"a distance of|ZJ8 Feet; Page 6of8 Thence North 33°532|" West u distance uf44.57 feet to the begirniing ofa norl-tangent curve concave to the southeast from which the radius point bears South 36"243j" East udistance of |00.0O feet; Thence northeasterly along the arc of said curve through a central angle of 29°55'54" a distance of 52.24 Feet Thence North O0"}|'38" West a distance of 14.55 feet to the begirining ofa non-tangent curve concave to the south from which the center point bears South 05°59'58" East a distance of 130.00 feet Thence easterly along the arc of said curve through a central angle of 4°19'46" a distance of 9.82 feet; Thence North 89"4620" East u distance nf29.76 feet to said west rnargin ofAndover Park West: Thence South OO"\|'38" East, along said west margin, a distance o[5.0O feet *o the POINT 0PBEGINNING. Together with that portiOn ofsaid Parcel A described as foliows; Commencing at northeas cornerofsaid Parcel G; Thence North 000 11'38" West along the east lines ofsaici Parcel A and said west margin nf Andover Park West, a . , Thence South 89"48'22"Wc�udi�uncco�|�0O��mth�POUNT8FBGGl�N}�G�Thence ' 15.00 ' continuing South 89"48'22" West a distance of 17.11 feet; Thence North 00°46'46" East a distance of 25.52 feet; Thence South 89"|0'47'' East u distance o[|6.\7���� . Thence Noi-th 00°l 138" West, paraltel with said east line of Parcel &nnd*cmmu,gin.odimuncuof5.O0fxct: Thence North 89"\0'47'' West u distance of2| �0(�cc � ' Thence South O0"46'46" West u distance o[35.6| feet; Thence North 89"4822'' East u distance nf22.l9feet; Thence North 000 11'38" West, parallel with said east line and west margin, a distance of 5.00 feet to the POINT OF BEGINNING. Situate in the CiIy ofTukwila, County of King, State of Washington, The above described easement areas contain: Parcel 92024 70010 = ±5,732 square feet Parcel 9IO247007O~±|,32| square feet Page 7 of 8 53934 EXHIBIT B (DEPICTION OF BARRICADE) Plastic Barriers Portable Interlocking Durable Water Filiable Available in different colors, shapes & sizes Page 8 of 8 53934 Road Construction Northwest, Inc. PO Box 188 Renton, Washington 98057 (425) 254-9999 (425) 254-1334 fax June 16, 2013 To: City of Tukwila 15670 NE 85th Street Redmond, WA 98052 ATTN.: RE: Mr. Peter Lau Mr. James Fillis City of Tukwila — Urban Transit Center Project City Project Nos.: 90610402, 98810404 and 99840105 RCNW Job #1314 SUBJ: Field Directive # 16 — Add 200 LF of Water Filled Barriers Gentlemen: Per City of Tukwila Field Directive #16 dated June 1 lth, 2014; attached is additional cost of procuring, installing, maintaining, and removing 200 LF of water-filled construction barrier at the West edge of sidewalk at the location of the long term temporary bus stop. This price specifically omits our costs for the equipment needed to install and fill the barriers, and allowable mark-up on labor, equipment and materials. Summary of additional costs are as follows: WC450 Water Barrier 33-Each @ $311.00 $ 10,263.00 Freight 1-LS @ $1,898.00 $ 1,898.00 Operator — Straight Time 4-Hours @ $58.57 $ 234.28 Laborer — Straight Time 12-Hours @ $49.47 $ 593.64 Use Tax on Materials $10,263.00 @ 9.5% $ 974.99 TOTAL $ 13,963.91 Please issue a Field Directive and Change Order for $ 13,963.91 so we can schedule and coordinate this revised additional scope of work. Should you have any further questions or concerns, please contact me at (425) 254-9999 x-24. Sincerely, Anthony Stolz Road Construction Northwest Page 1 of 1 Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 06 BUDGET NOS.: 1 04.~8,595.800.65.00 DA"fE: August 26, 2014 104.98.595.800.65.00 401.98.594.340.65,00 PROJECT NOS.: 90610402,98810404,99840105 CON"fRACT NO.: 13-209 PROJECT NAME: pukwila Urban Center Transit Center Project, Andover l?arK West Street andWate~ Improvement Rroject TO: Attn: You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: This change order includes the renegotiated Temporary Construction Easement (TCE) between the City of Tukwila and Open Frame, LLC to the current construction contract. The updated TCE allows the construction contractor to occupy two defined areas within Open Frame's private property through November 14,2014 for construction purposes. These two areas are "Area A" and "Area B". Each area consists of 12 parking spaces with a stipulation that only one area can be at use at a time. COST AND TIME CONSIDERATIONS: The project schedule will be extended (7) calendar days to account for the construction contractor's inefficiencies due to the condition that only "Area A" or "Area B" can be occupied at time when the original TCE allowed for the contractor to occupy all 24 spaces. There are no cost revisions in this Change Order. Page 10f2 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. Contractor: Road Construction NW, Inc. ACCEPTED: Title Jeffrey M. Kanyer / President APPROVED BY THE CITY OF TUKWILA 5,960,574.00 5,924.01 Previous Change Orders 0.00 This Change Order 5,966,498.01 REV. CONTRACT AMOUNT 270 Calendar Days Original Contract Time: 1 Calendar Days Previous Added/Deleted Contract Time: 7 Calendar Days Additional Contract Time for this Change Order: 278 Calendar Days UPDATED CONTRACT TIME: ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of2 EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT Grantor(s): Open Frame. LLC Grantee: City of Tukwila Abbreviated Legal: Ptn. of Lot 2, City of Tukwila SLA #L05-25 Tax Parcel No.: 022310-0010-07 Project Name: Tukwila Urban Center Transit Project ~ ~. THIS INSTRUMENT is made this day of 2014. by and between Open Frame, LLC, a Washington Limited Liability Company, hereinafter called the "Grantor," and the City of Tukwila, a Municipal Corporation. herein after called the "Grantee." I. RECITALS WHEREAS, on June 20. 2013, Grantor granted to Grantee a Temporary Construction Easement, as recorded under King County Recording No. 20130709001148, (the .TCE") for the temporary placement of personnel and equipment for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right-of-way (the "Improvements"); and WHEREAS, construction of the Improvements has been delayed; and WHEREAS, the current tenn of the TCE expired on April 30, 2014; and WHEREAS, the tenn of the TCE may be extended by mutual written consent of the Grantor and Grantee; NOW, THEREFORE, the parties hereby agree as follows: II. AGREEMENT 1. Pursuant to Section 5 of the TCE, "Term of Easement," the parties hereby agree to extend the tenn of the TCE through November 14, 2014. 2. As a condition to the foregoing extension, the parties agree that the TCE is further amended hereby as follows in order to minimize impact on Grantor's property and to limit to twelve (12) the number of parking spaces included in the Easement Area at anyone time: a. Except for overnight transitions described in Paragraph (2)(e) below, Grantee EITHER OR may only use or occupy the area identified as .Area A" "Area S" of the Easement Area on Exhibit A hereto (but not both) at anyone time, with such area being utilized being defined as the .Occupied Area" and the other area being the "Unoccupied Area"). Each of Area A and Area B consist of twelve (12) parking stalls, and Exhibit A shall be interpreted to reflect the inclusion of twelve (12) of the existing parking stalls in each designated area; ,~ Page 1 of3 b. Grantee shall have no right to Utilize or restrict third party use and access of any Unoccupied Area, and it shall not constitute part of the Easement Area for any purpose, it being understood that the Unoccupied Area will be utilized as parking for tenants of Grantor's site and their guests; c. Grantee shall provide Grantor with three (3) business days prior notice before occupying Area A or Area B, or changing from one area to the other. d. Prior to temporarily vacating any Occupied Area (e.g. relocating from Area A to Area B with an intent to subsequently relocate to Area A) Grantee shall restore the vacated area to a retail parking area; provided that such restoration need not be permanent (e.g. striping tape and cold or hot mix asphalt); e. In order to facilitate a change of Occupied Area from Area A to Area B or vice versa, Grantee may, on the day of such transition, occupy both Area A and Area B provided that such "dual" occupancy of both Area A and Area B shall only occur during the overnight hours when California Pizza Kitchen is not open for business on Grantor's site. f. Prior to permanently vacating any Occupied Area, and in any event at the expiration of the Term of The Easement Grantee shall restore the area being vacated to as good a condition as it was immediately before Grantee entered the Occupied Area (including, by way of example, restoring paved, striped parking stalls, removing all personal property, fencing, barricades, etc) .. 3. Except as expressly modified hereby, all other provisions of the TCE shall remain in full force and effect. Page 2 of3 IN WITNESS WHEREOF, the parties have caused this Instrument to be executed, effective on the day and year set forth on the first page hereof. Dated this day of ;y.}! ope]Fr me LLC Printed Name: _ Printe Name: Maureen C. Waters Title: _ Title: Authorized Signata£, Date: _ Date: Accepted by the City ofTukwila Approved as to form: Printed Name: Title: City Attorney Date:~ STATE OF WASHINGTON ) g:VI} COUNTY OF ~r~ I certify that I know or have satisfactory evidence that the person£,s1 who appeared before me, and said person~ acknowledged that be/sheJth€y signed this instrument on oath stated that Pe/she./.tRE!y w~~ authorized to execute the instrument and acknowledge as :cMtYv of Open Frame, LLC, a Washington Limed Liability Company, to be the free and voluntary act of such party for the /S;2P# Dated S7'O~t"", ~~; / Printed name :t _ =~.~o Ai::> ~ ~ ~ ~ jo Notary Public in and for t My appointment expires: Page 3 of3 1 NO0'11'38'14 22.84 EXISTING EASEMENTS . ..... , ...... . 937'17'E J. • .. , . 1 i<IrklAnd Viay At u03Off* ".., ....., Krnd,WAQiO331 ..: .:%.. p. 425.82/,2914 . ags 27.10.144 9 ...:".-, , ..:,.. / . CIvU I Strucluralliignnitig I jyr,it I paceengrs.com 1. • • ''-.. 1 .i."'"*'• ..4.., 17 .;:. ,r $ 0ATE: 6/13/13 FW RRPJ,...N04,, 0,00310 '.:. c.,..../ .-..... -~ / ! :0. i ,,,.. ,1.... 1111,(ER BLVD. ik.RHIBIT MAP NroRtalOUPD TRANS! 1%1W /0R L T / i I. if 400,14 It81 2.0 N89'10'22'1 4;411, POD TRANSIT AREA TCE TEMPORARY CONSTRUCTION EASEMENT (TCE)AREAS S89'5002W 18.00 ANDOVER INDUSTRIAL PARK NO. 2 TRACT 1 • • 14'013 PLAZA ,ur ARE /.4. TC ‘'s SO94113 'E 3?.55 4489,48'2 LOT 2 BLA NO L05-025 REC. #2O0O928o00008 L #0223100010 RAN SIT CENTER EMP„SONSTRUCTION E4+1 it aS850 4El'Ea 'V 171i7 t189c4ald'E 003 140811'3 6.4 NI ; N36'58'28' 32.29 to' An Engineering ServIces Company SCALE: 1" I. 80 FILE: \24736V—SP—ROW,OWC 13-209(e) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 05 BUDGET NOS.: 104.98.595.800.65.00 July 25, 2014 DATE: 104.98.595.800.65.00 401.98.594.340.65.00 PROJECT NOS.: 90610402, 98810404,99840105 CONTRACT NO.: 13-209 (. PROJECT NAME: Tukwila Urban Center Transit Center Project, Andover Park West Street and Water Improvement Project Road Construction Northwest, Inc. TO: Anthony Stolz, Project Engineer Attn: You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a conseq uence 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. CHANGE: There were some miscalculations in the Project Design on a few plant quantities. This change order will adjust back the number of plants that will truly be used for the landscaping of this project. Restocking fees will be applied to Euonymus fortunei 'Coloratus' plants as new Bid Items 840A of Bid Schedule A and 60nA of Bid Schedule B, since the plants have been grown and no other buyer wants this plant. Nevertheless, this change order brings in net savings to the contract. COST AND TIME CONSIDERATIONS: $16,804.00 The total contract cost will be reduced by for the described plant quantity changes, with no extension in contract duration. The Change Order amount will be distributed into two different Contract Bid Schedules as follow: Bid Amount Units Unit Price Qty Item Name Item Schedule -$13,592.00 $8.00 -1699 EA PSIPE Euonymus fortunei 'Coloratus', 1 gal. 840 A Restocking fee for PSIPE Euonymus $6,796.00 LS $6,796.00 1 fortunei 'Coloratus', 1 gal. 840A A $165.00 $5.00 +33 EA PSIPE Muehlenbeckia axillaries, 4" pot 84q A $400.00 EA $8.00 +50 PSIPE Arctostaphylos uva-ursi, 1 gal. 84r A -$13,256.00 -1657 EA $8.00 PSIPE Euonymus fortunei 'Coloratus', 1 gal. 60n B Restocking fee for PSIPE Euonymus $6,628.00 $6,628.00 1 LS fortunei 'Coloratus', 1 gal. 60nA B -$6,000.00 $8.00 -750 EA PSIPE Rubus penta lobus, 1 gal. 60q B $2,055.00 EA $5.00 +411 PSIPE Sedum spurium 'Voodoo', 4" pot 60r B -$16,804.00 Total: We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, 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. Contractor: Road Construction NW. Inc. Jeff Kanyer Title 5,960,574.00 ,/ APPROVED BY THE CITY OF TUKWILA 22,728.01/Date: -16,804.00 By: This Change Order 5,966,498.01 REV. CONTRACT AMOUNT 270 Calendar Days Original Contract Time: 1 Calendar Days Previous Added/Deleted Contract Time: Calendar Days Additional Contract Time for this Change Order: 271 Calendar Days Page 2 of3 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 3 of3 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. Council Approval N/A You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The foflowing changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; 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. CHANGE: Per the Project S no.8pecia|Provskono.8ection1-U7.23(2)under^Tromsit8t000^.o long-term temporary bus stop for the Andover Park West southbound (SB) traffic is required to maintain continuous transit services, while the previous 8B bus station is being redeveloped. As part of constructing this temporary bus stop, two asphalt landing pads were required to be built per the P jeotGpecifinationo.forbunriderouningthefnnntmndnaordooreofbuses. These pads were installed back in February 2014. when the construction project began. Hovvever, shortly after the installation of the two landing pads, King County Metro (KCM) representatives expressed an inadequacy af these landing pads. KCM staif stated that often Unne, more than one bus would stop at a time at this highly-used bus stop. On top, there are two different types of bus would stop at this bus stop, with two different length separations between the front and rear doors. Therefora, the two asphalt landing pads need to be expanded to adequately provide for all riders of the two different bus types using this bus stop, while keeping the landing pads ADA compliance. Such asphalt landing pad expansions were not addressed in the P jnntSpecificatiuno.thuanoedingachengeordertnnompmnsotethe Cantractar for the work. Page 1 of 2 /67/04-0 City Project staff coordinated with KCM otaff, and obtained a guideline to build adequate landing pads for this SB bus stop. The enclosed drawing is the guideline. COST AND TIME CONSIDERATIONS: The Contractor is to be compensated $5,628.01 for the work described above. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is appnoved, that we will provide all equipnent, furnish all materials, except as may otherwise be noted 8bove, and perform all services necessary for the work above specified, and will accept as fult payment therefore the prices shown above and below. ACCEPTED: Date 1.p/ - /\/ Contractor: Road Construction Northwest, Inc. By Original Cont Previous Change Order This Change Order Title Jeffrey M. Kanyer / President 5,960,574.00 j APPROVED BY THE CITY OF TUKWILA 17,100.00 Date: � 5,628.01/By: REV. CON $ 5,983'302.01~ to I- Original Contract Time: Previous Added/Deleted Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: IN 270 Calendar Days 1 Calendar Days 0 Calendar Days 271 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of 2 Landing Pad Localtlons to Accommodate All Coach Types Preferred 10' Bus Stop Sign Bus Stop Sign, edge of traveled way 45' Alternative 11' Curb face or edge of traveled wa F' 10' 45' Minimum Curb face or edge of traveled way 45' 8' 11 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 03 1 Council Approval N/A You are hereby directed to make the herein described changes to the plans and s s or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The foliowing changes, and work affected are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not p judiced; C. Alt 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 alt Change Orders. CHANGE: Project Plan Sheet CG-102 shows a new Type 2, 48-inch catch basin being installed at STA 16+74.93, 72.06 LT. This catch basin — Catch Basin #4, is shown connecting to an existing 18" storm drain pipe. The Bid Schedule A, Item 49 — "Connection to Drainage Structure" pays for connecting new storm pipe to existing drainage structures. Hovvever, no payment provision was made for connecting an existing storm pipe to a new drainage structure. During excavation, the diameter of the existing storm drain pipe was discovered to be 24 inches rather than the 18 inches indicated on the Plan Sheet. In response to the issue described above, Road Construction NW submitted Request for Information (RFI) #11, in part suggesting the installation of a saddle structure for this Catch Basin and channeling the 24-inch pipe. Such installation would eliminate the need to bypass, over-excavate, cut out, and make the new material connections to the existing concrete storm main inside the new catch basin structure. Road Construction Northwest requested compensation for the added costs for the saddle base, concrete and reinforcement bars for the poured floor, and a vactor truck to excavate a larger hole. Page 1 of 2 The Engineer responded to RFI #11 stating that the Contractor's proposed saddle structure method was acceptable. COST AND TIME CONSIDERATIONS: The Contractor is to be compensated $1,868.00 for the work described above, and one day extension in contract duration. The Contractor also granted one added contract day as this construction activity lies on the project schedule critical path. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approvod, that we will provide all equipnnerd, furnish all nnatoha|o, except as may otherwise be noted obova, and perform all services necessary for the work above opeoified, and will accept as full payment therefore the prices shown above and below. /°/ /,`//� ACCEPTED: Date By Contractor: Road Construction Northwest, Inc. Jeff Kanyer President Title ,/ APPROVED BY THE CITY OF TUKWILA Previous Change Order $ 15,232.00 Date: This Change Order 1,868.001/6y: REV. CONTRACT AMOUNT $ 5.977.874.00A/ Original Contract Time: 270 ~a|endarDayn Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: 1 Calendar Day 271 Calendar Days RIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file Page 2 of 2 CITY��U�� OF ��UU����� �~u .��x�m�n��� CONTRACT CHANGE ORDER NO. �� ���~naum�v���u ��u"��n����� �~n���u~.� �°==. ~~°� 13-209(b) Council Approval N/A You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. AUo|aimsegoinstthe^Cwner"vvhiohareinoidenba|toormsoconaequenoeofthis change are waived; and O. The Contractor must submit all field overhead and Home Office Overhead rates for approval in advance of alt Change Orders. CHANGE: Section 1-05.4(1) of the special provisions states the Engineer will furnish to the contractor one time only: slope stakes for establishing gnading, curb grade otakes, centerline finish grade stakes for pavement wider than 25 feet, and offset points to establish line and grade for underground utilities such as water, sewers, and storm drains. However, the Supplement Agreement Number 21 with |B| Group did not include survey provision by the Design Engineering firm during the construction phase. Section 1-05.4(2) of the special provisions states the Engineer will furnish for structural work such as bridges and retaining wo||s, primary survey control for centerline or offsets to the stnunturo, stations of abutments and pier centerlines, a sufficient number of bench marks for levels to enable the Contractor to set grades at reasonably short distances, and monuments and control points as shown in the Plans. A price and scope comparison based upon quotes provided by the Engineer's surveyor and the Contractor's surveynr, indicates the best value lay in this work being provided by the Contractor in Iieu of the Engineer. The Contractor's pricing is attached for reference. Through the execution of this change order, the Contractor shall perform alt work described under Sections 1-05.4(1) and 1'O5.4(2). Reference within these sections regarding primary �l /��uv� Page 1 of 2 control points, monuments; uentedine, ofhsets, eJope, or grade staking; benchmarks; or any other survey function provided by the Engineer is deleted and assumed by the Contractor. COST AND TIME CONSIDERATIONS: The Contractor is compensated $15,232.00 for the work described above, with no extension in contract duration. The Change Order amount will be distributed into the Contract Bid Schedule as follows, per the value of each Schedule over the total construction contract value: Bid Sched. Item # Item Name Quantity Units Unit Price Amount A CO 02 Additional Surveying 1 LS $9L402.00 $9,402.00 B CO 02 Additional Surveying 1 LS $3,59I73 $3'59I73 C CO 02 Additional Surveying 1 LS $2,237.27 $2'23727 We the undersigned Contractor, have given careful consideration to the change proposed and hereby egree, if this proposal is opproved, that we will provide all equipment, furnish all nnotehe|s, except as may otherwise be noted obove, and perform all services necessary for the work above spacified, and will accept as full payment therefore the prices shown above and below. ACCEPTEa, Date 19/ By Original Co+���'�/utzwe-\ $ 5,960.574.00 v� APPROVED BY THE CITY OF TUKWILA Contractor: Road Construction NW, Inc. Jeff Kanyer President Title Previous Change Order This Change Order $ 15,232.00 By:, REV. CONTRACT AMOUNT $ 5.975.806.00~~ Original Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: 270 Calendar Days 0 Calendar Days 270 Calendar Days �-r R|G|NAL: Ci ty Clerk (1 of Contractor (2 of 2) cc: Finance Department kw/anounnbnance>; Construction Inspector; Construction Engineer; file Page 2 of 2 Road Construction Northwest, Inc. PO Box 188 Renton, Washington 98057 (425) 254-9999 (425) 254-1334 fax February 7, 2014 To: City of Tukwila 15670 NE 85th Street Redmond, WA 98052 ATTN.: RE: Mr. Peter Lau Mr. James Fillis City of Tukwila — Urban Transit Center Project City Project Nos.: 90610402, 98810404 and 99840105 RCNW Job #1314 SUBJ: Change Order Request — Contractor to Complete Engineer Provided Surveying as Outlined in Special Provision Sections 1-05.4(1) and (2) Gentlemen: Per your request from our Weekly Construction Meeting yesterday, we have contacted our surveyor American Surveying & Engineering (ASE) and asked them to provide additional pricing to complete the surveying scope of work that is the Engineer's responsibility as outlined in Special Provision Sections 1-05.4(1) and 1-05.4(2). Please see ASE Itemized Additional Cost Proposal dated February 7, 2014. Summary of costs are as follows: ASE Additional Cost (Total Items #1 to #8) $ 20,900.00 SUBTOTAL $ 20,900.00 Allowable Mark-Up on Subcontractors $20,900.00 @ 12% $ 2,508.00 TOTAL $ 23,408.00 Alternate #1 — Delete Slope Staking for Grading DEDUCT < $6,720.00> - We request 2-weeks or an additional 14-Calendar Days be added to complete this additional scope of work. Page 1 of 2 Both Road Construction Northwest Inc. (RCNW) and ASE do not believe that slope stakes will be required (per SPl'05.4(l) Item #)) which will save the City of Tukwila $h,7Z0.UU with our subcontractor ; for a REVISED request amount of $16,600.00. In the "Spirit of Cooperation" and to avoid having Two (2) different surveyors on the project, RCNW is NOT charging any additiona field coordination tirne for this added scope ofwork, For your convenience, allowable contractor mark-up for Force Account has been added per Section |-09.hof the 2O|2VVSDOT Standard Specifications. Please issue a Change Order so tha we can we can give give ASE direction to proceed with tliis additional work. Should you have any questions or concerns, please contact me at (425) 254- 9999 x-22. Very truly yours, Gordon Lee Road Construction Northwest Page 2 of 2 13-209(a) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 01 You are hereby directed to make the herein described changes to the plans and specifications or do the following described changes to the plans and specifications NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The foliowing changes, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not p judioed; 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. CHANGE: Division 10 Measurement and Payment of the Contract S ial Provisions s the payment of the "Mobilization, lump sum" Bid Item #1 for all 3 Bid Schedules. In order to bring the City's mobilization payment schedule more in line with the schedule stated in the WSDOT Standard Gpecificstion, and not create a cash flow hardship to the Contractor, these sections of the Special Provisions are being proposed for revision. Contract Special Provisions, Division 10 Measurement and Pmyment, Bid Schedule A, Bid Schedule B and Bid Schedule C. 1. Mobilization, lump ourn, are currently read as: Based on the Iump sum contract price price for "Mobilization," partial payments will be made as foliows: 1. When 10 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand. 60 percent of the amount bid for mobilization, or 10 percent of the total original contract amount, whichever is the |eest, will be paid. 2. When the substantial completion date has been established for the project, any remaining amount bid for mobilization will be paid. Page 1 of 2 Through this change order the specification will be revised to read as: Based on the lump sum contract price for "Mobilization," partial payments will be made as follows: 1. When 5 percent of the total original Contract amount is earned from other contract items, excluding amounts paid for materials on hand, 50 percent of the amount bid for mobilization, or 5 percent of the total original contract amount, whichever is the Ieast, will be paid. 2. When 10 percent of the total original contract amount is earned from other contract itenns, excluding amounts paid for materials on hand, 60 percent of the amount bid for mobilization, or 10 percent of the total original contract amount, whichever is the least, will be paid. 3. When the substantial completion date has been established for the p ject, any remaining amount bid for mobilization will be paid. COST AND TIME CONSIDERATIONS: This change order does not change the contract cost or time. We the undersigned CVrtrGctor, have given careful consideration to the change proposed and hereby agnso, if this proposal is appnoved, that we will provide all equipnnent, furnish all materio|s, 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. ACCEPTED: Date By �y = � Original Contract 5,960'574.00 Previous Change Order This Change Order 0.00 REV. CONTRACT AMOUNT $ 5.960.574.00 Original Contract Time: Additional Contract Time for this Change Order: UPDATED CONTRACT TIME: Contractor Road Construction Northwest, Inc Jetre���^ mye��� : ent Title APPROVED BY THE CITY OF TUKWILA 270 Calendar Days 0 Calendar Day 270 Calendar Days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; File Page 2 of 2 c-1 AGREEMENT FORM CONTRACT NO. 13 -209 Council Approval 11/18/13 THIS AGREEMENT is made and entered into on this day of1Jteam, /0 -t' , 2011, by and between the City of Tukwila, Washington ( "Owner") and Road ery stn (Aim, N ("Contractor"). Now, therefore the parties agree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK WEST STREET & WATER IMPROVEMENT PROJECT, Project No. 96010402; 98810404; 99840105; including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1 -04.2 of the Supplemental General Requirements. 2. Payments. Owner shall pay Contractor at the unit and lump sum prices, and by force account as specified in the 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. Completion Date. Contract time shall commence upon Owner's Notice to Proceed date. The Work under this Agreement shall be completed within the time specified in the Proposal. If the Work under this Agreement is not completed within the time specified, as detailed in the Contract Documents, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to Owner as specified in the Proposal. 4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attomey's and expert witness fees. 5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement, except as expressly provided in this Agreement. 6. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. CITY OF TUKWILA, WASHINGTON (Owner) By: Attest: t This day of ('o,� b o_ „20 8 City Clerk Approved as to Form: q, /IALJ- City Attorney Address for giving notices: f 3C €,ki 31Ut sr-/.0c) Road Construction Northwest, Inc. (Contract • Title: Jeffxe'f / K.ker, President By: ttest: his I day of b -C, , 202_ Contractor's License No. RCNW *CN978L6 Address for giving notices: Road Construction Northwest, Inc. P.O. Box 188, Renton WA 98057 / d a c76//V- Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6 -15-10 Agreement Form C-2 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6 -15-10 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. S416963 We, Road Construction Northwest, Inc. , and (Principal) (Surety) a Iowa corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington ( "Owner "), in the penal sum of Six Million Thirty Seven Thousand Five Hundred Nine and 75/100ths Dollars ($ 6.037.509.75 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may 'be. This Payment and Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20 , between Principal and Owner for a project entitled TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK WEST STREET & WATER IMPROVEMENT PROJECT, Contract No. ( "Contract "). The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Payment and Performance Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the . manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; • Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and • Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. This bond shall remain in effect for one (1) year after Final Acceptance of the Contract at ten percent (10 %) of the Total Bid Price, including sales tax, to insure against all defects and corrections needed in the material provided or workmanship performed. Employers Mutual Casualty Company The liability of Surety shall be limited to the penal sum of this Payment and Performance Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Payment and Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20 %). Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6 -15 -10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Performance & Payment Bond C -4 If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Payment and Performance Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty -five percent (25 %) of the original amount of the Payment and Performance Bond without the prior written consent of Surety. This Payment and Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this 12th day of December , 20 13 . / ti aaNgilan p «,� il> t�6 Or r'S- n Northwest, Inc. Name and address of local office of agent and /or Surety Company: Employers Mutual Casualty Company 0! Surety _ Sig h:.r:Nit Au horded Official By Peggy A. Firth Attomey in Fact (Attach Power of Attorney) Propel Insurance 1201 Pacific Avenue, Suite 1000 Tacoma, WA 98402 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. Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement. Project Rev. 6 -15 -10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale EMC INSURANCE THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER P.O. Box 712 • Des Moines, IA 50306 -0712 No. A62660 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: BRENT E HEILESEN, ERIC A. ZIMMERMAN, JAMES B BINDER, PETER J COMFORT, KAREN SWANSON, ANNE E STRIEBY, JENNIFER L SNYDER, PEGGY A FIRTH, JULIE R TRUITT, CHRISTOPHER KINYON, JAMIE DIEMER, LISA M ANDERSON, WYNTRENE L MACE, DIANE M HARDING, KATHY L PATTON its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey -in -fact at any time and revoke the power and authority given to him or her. Attomeys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 2nd day of DECEMBER 2013 . e . • PPaq '' O : Q .. Raq 1' G 20 9-' : .:- � 'i � : C "0 - - '0 --- 1863 o: 1953 IOWA :p ,may"- '.o 4,n';'3'Ps:' * Iowa 4,00 Q ORgJ'' . PF C - 4..'. 4 R' �`, �oNSURAiy�'', ' UTUAGC' ;o;SEALY tioRa K TH'DSP. SEAL 4:4) LAUREL A. BLOSS Commission Number 183662 My Comm. Exp. Marl 3.2014 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel Assistant Vice President On this 2nd day of DECEMBER AD 2013 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Ci 6L.. � CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on DECEMBER 2, 2013 on behalf of: BRENT E HEILESEN, ERIC A. ZIMMERMAN, JAMES B BINDER, PETER J COMFORT, KAREN SWANSON, ANNE E STRIEBY, JENNIFER L SNYDER, PEGGY A FIRTH, JULIE R TRUITT, CHRISTOPHER KINYON, JAMIE DIEMER, LISA M ANDERSON, WYNTRENE L MACE, DIANE M HARDING, KATHY L PATTON Notary Public in and for the State of Iowa are true and correct and are still in full force and effect. In Testimony Whereo I have subscribed my name a d a axed the facsimile s al of each Company this I day of 4> Qc Vice President 7832 (5407) SEVENTH "For verification of the authenticity of the Power of Attorney you may call (515) 345 - 2689:' • 2 ACORDr0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 NAME: Shawnie Goin FAX.____._........ O___ __. FAX PRONE 800 499 -0933 A/C, No POLICY EFF �MM /DDlYYYY 05/15/2013 _...___. 866 577.1326 __ .�..---- -....----._._........ NAIC # E -MAIL r0 elin Ic @P surance.com P .........__._._...._..— ...ADDRESS: .._..-g ___.__._,. ----. -...--'---. INSURER(S) AFFORDING COVERAGE INSURER A • Travelers Indemnity Company X INSURED Road Construction Northwest, Inc. dba RCNW PO Box 481 Renton, WA 98057 INSURER B : Travelers Property Casualty of $1,000,000 INSURER C : Chartis Specialty Insurance Com 26883 INSURER D : Hartford Fire Insurance Company 19682 INSURER E : MED EXP (Any one person) INSURER F : PERSONAL & ADV INJURY • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD, INSR SUBR WVD POLICY NUMBER POLICY EFF �MM /DDlYYYY 05/15/2013 POLICY EXP MM /DD/YYVY 05/15/201 r LIMITS A GENERAL LIABILITY X X DTCO8B337350IND13 EACH OCCURRENCE DAMAGE TQ RENTED PREMISES (Ea occurrence) $1,000,000 X X COMMERCIAL GENERAL LIABILITY $300 000 PD CLAIMS -MADE OCCUR Ded:5,000 MED EXP (Any one person) $10,000 $1,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X J778: LOC $ A B AUTOMOBILE LIABILITY X X DT8108B337350TCT 05/15/2013 05/15/2013 05/15/201 05/15/2014 COMBINED SINGLE LIMIT 'Ea accident $1,000,000 X ._.._.. X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS HIRED AUTOS _......._-. X SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ - --..._�__ ............._ PROPERTY DAMAGE _Per accident) .............._..______-_...._. EACH OCCURRENCE AGGREGATE .__.-----.._.._ ................... --_-- --_. ._.............._.. $ $3,000,000 X UMBRELLA LIAR EXCESS LIAB xToccuR CLAIMS -MADE X X DTSMCUP8B337350TIL $3,000,000 DED X RETENT ON $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N WA Stop Gap DTCO8B337350IND13 05/15 /2013 05 /15/2014 TORY STATU - OTH -. E.L. EACH ACCIDENT $1,000,000 OFFICER /MEMBER EXCLUDED? in NH) N N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C D Pollution Liability Installation FLTR CP05264927 52UUMJH8997 05/15/2013 05/15/2013 05/15/2014 05/15/2014 $1,000,000 Occ $1,000,000 Agg $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE Tukwila Urban Transit Center; Andover Park West Street & Water Improvement Projects. City Project Numbers: 90610402, 98810404, & 99840105. The City of Tukwila, its officers, elected officials, employees, agents, and volunteers; Construction Manager consultants; Washington Department of Transportation, Puget Sound Energy, TWTelecom, and their employees, agents, and subconsultants; WEA Southcenter LLC, Wesfield LLC, and Westfield America Limited (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 2 #S1283907/M1148775 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KTROO DESCRIPTIONS (Continued fray Partnership; JCPenney, Firestone Tire, OpenFrame LLC, Beta Holdings Ltd, Garfield Southcenter LLC, Hansen Real Estate LLC, and OB Fife Property LLC are additional insured per the attached endorsement. SAGITTA 25.3 (2010/05) 2 of 2 #S1283907/M1148775 Road Construction Northwest, Inc. DTCO8B337350IND13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 111— Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Road Construction Northwest, Inc. D CO8B3373501ND13 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a Toss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Road Construction Northwest, Inc. DTCO8B3373501ND13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2_ of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY CGD3161111 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage ". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water, unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage' as described in Para- graph 6. of SECTION 111 — LIMITS OF IN- SURANCE. © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Road Construction Northwest, Inc. DTCO8B3373501ND13 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION 111 — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION 1 — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of eamings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 @ 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 Road Construction Northwest, Inc. DTCO8B3373501ND13 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence''. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION t — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section 11 — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION I1— WHO IS AN INSURED: CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION H — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Road Construction Northwest, Inc. DTCO8B3373501ND13 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION H — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non - contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non - contributory with, such other insurance, in which case this insurance will be primary to, and non - contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 Road Construction Northwest, Inc. DTC08B3373501ND13 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products - completed operations hazard ". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11 — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager, or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: © 2011 The Travelers indemnity Company. All rights reserved. Page 5 of 6 Road Construction Northwest, Inc. DTCO8B3373501ND13 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract' in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract' in the DEFINITIONS Section is de- leted. Page 6 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 Road Construction Northwest, Inc. DT8108B337350TCT COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — LIABILITY COVERAGE: Any person or organization who is required under . a written contract or agreement between you and that person or organization, that is signed and N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualities as an "insured" under the Who Is An Insured provision contained in Section I1. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 0212 © 2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Road Construction Northwest, Inc. DT8108B337350TCT COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1 The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bands for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company CA T3 53 0212 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Road Construction Northwest, Inc. DT8108B337350TCT to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local taw. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., De- ductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for Toss of use is $65 per day, to a maximum of $750 for arty one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERA- GE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. CA T3 53 02 12 COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION ill — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "toss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss ". © 2010 The Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Road Construction Northwest, Inc. DT8108B337350TCT COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non- renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company CA T3 53 0212 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: DTSMCUP8B337350TIL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US UMBRELLA ISSUE DATE: - This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE Name of Person(s) or Organization(s): City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 We waive any rights of recovery we may have against any person(s) or organization(s) shown in the Sched- ule above because of payments we make for "bodily injury", "property damage ", "personal injury" or "adver- tising injury" arising out of: a. Premises owned by you, temporarily occupied by you with permission of the owner, or leased or rented to you; b. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; UM 04 69 04 08 c. "Your work" or "your products" within the "prod- ucts- completed operations hazard "; or d. The "auto hazard ". We waive these rights only where you have agreed to do so as part of a written contract or agreement en- tered into by you before, and in effect when, the "bod- ily injury" or "property damage" occurs, or the "per- sonal injury" offense or "advertising injury" offense is committed. The waiver applies only to the person(s) or organiza- tions) shown in the Schedule above. © 2008 The Travelers Companies, Inc. Page 1 of 1 P -1 PROPOSAL (unit price) Contractor's Marne Road Construction Northwest, Inc. Contractor's State License. No. RC^(W CN 9781. (0 City of Tukwila. Project No. 90610402 ;. 98810404; 99840105 To the Mayor and City Council City of Tukwila, Washington 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 TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK WEST STREET & WATER IMPROVEMENT PROJECT, which project includes but is not limited to Construction of approximately 2000 linear feet of :,street improvements and new Transit Center construction within the right =of -way of ANDOVER PARK WEST, including but not limited to new transit center stops including transit .shelters, new pedestrian lighting and other amenities; new transit center plaza area construction including landscaping; new = sidewalks and road -side landscaping removal of existing roadway, excavation, and laying of new asphalt; replacement of existing waterline; 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, hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (cheek one) 1.g bid bond or ❑ cash, ❑ cashier's check, ❑ certified check, or 0 postal money order made payable 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 (1 0) 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 270 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. Tukwila Urban Center Transit center Project; Andover Park West Street & Water Improvement Project Rev. .6 -15 -10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-2 TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK WEST STREET & WATER IMPROVEMENT PROJECT - SCHEDULE A Project No. 90610402; 98810404, 99840105 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Refer to Division 10 for definition of pay items. For Schedule A, include applicable Sales Tax in the various Unit and Lump Sum prices per Section 1-07.2(1) and WAC 458-20.171. Itern No. Item Descri I 'on Quantity Unit Unit Price Amount „ ROADWAY , LS $ 280,000.00 i0 $ 280,000.00 1 MOBILIZATION 2 CLEARING AND GRUBBING 0.3 AC $ 9,800.00 $ 2,940.00 3 REMOVING TREE 18 EA 320.00 $ 5,760.00 4 REMOVAL OF STRUCTURE AND OBSTRUCTION 1 LS $ 200,000.00 $ 200,000.00 5 ROADWAY EXCAVATION INCL. HAUL 1450 CY 37.00 $ 53,650.00 6 GRAVEL BORROW INCL. HAUL 30 TON 35.00 $ 1,050.00 7 CRUSHED SURFACING TOP COURSE 500 TON 31.00 $ 15,500.00 8 HMA CL. 1 /2 IN. PG 64-22 30 TON $ 164.00 $ 4,920.00 9 COMMERCIAL H A 145 TON 123.00 $ 17,835.00 10 COLD MIX ASPHALT CONCRETE PATCH 230 SY 25.00 $ 5,750.00 11 CEMENT CONC. PAVEMENT 900 SY 120.00 $ 108,000.00 12 CEMENT CONC. PAVEMENT, 24HR w/ INTEGRAL COLOR 975 SY 130.00 $ 126,750.00 13 ADJUST CATCH BASIN 1 EA 500.00 $ 500.00 14 CEMENT CONC. TRAFFIC CURB AND GUTTER 450 LF $ 31.00 $ 13,950.00 15 CEMENT CONC. TRAFFIC CURB 820 LF 22.00 $ 18,040.00 16 MONUMENT, CASE, AND COVER 1 LS 900.00 $ 900.00 17 ADJUST VALVE BOX 1 EA $ 500.00 $ 500.00 18 ADJUST JUNCTION BOX 8 EA 500.00 $ 4,000.00 , SIDEWALK 5 SY 225.00 $ 1,125.00 19 CEMENT CONC. DRIVE AY ENTRANCE 20 CEMENT CONC. SIDEWALK 10 SY 110.00 $ 1,100.00 21 CEMENT CONC. SIDEWALK w/MIXED SIZE PATTERN 1320 SY 70.00 $ 92,400.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-3 22 CEMENT CONC. SIDEWALK w/MIXED SIZE PATTERN w/INTEGRAL COLOR 200 SY 85.00 17,000.00 23 CEMENT CONC. SIDEWALK w/4X4 PATTERN 300 SY 60.00 18,000.00 24 TACTILE WARNING EDGE 1050 SF 47.00 49,350.00 25 CEMENT CONC. CURB RAMP , „ , °•„',:. '' '5*° VIMPORMaiMPROMOWNOMSOMMONSOMMR0 9 I EA LS $ 1,500.00 $ 110,000.00 13,500.00 $ 110,000.00 tNEMODA,OtttO77' 26 PROJECT TEMPORARY TRAFFIC CONTROL 27 TRAFFIC SIGNAL MODIFICATION - BAKER BLVD 1 LS $ 81,000.00 81,000.00 28 REMOVAL OF PAVEMENT MARKINGS 1 LS $ 4,400,00 4,400.00 29 PAINT LINE 500 LF 2.00 1,000.00 30 PROFILED PLASTIC LINE 450 LF 5.00 2,250.00 31 PLASTIC CROSSWALK LINE 650 SF 7.00 4,550.00 32 PLASTIC TRAFFIC ARROW ' '::11 , 1 ''':' . . i,,'"ftitgitiantSKOMMOMONONVIRerniftatentia,„AttirneW 5 375 EA .00 565.00 SF $ 9.00 $ 3,375.00 ttintir: 33 REMOVE CONC. BLOCK WALL 34 REMOVE STEEL CANOPY AND APPURTENANCES 1 LS $ 7,000.00 7,000.00 35 REMOVE AND RESET BENCHES 1 LS $ 900.00 $ 900.00 7 *f7' '.,'..'"aatitkablittelimouviogimitanitiatiMasoloutoriodion, Mate 36 SPCC PLAN 1 LS $ 1,300.00 $ 1,300.00 37 REMOVING DRAINAGE STRUCTURE 8 EA 500.00 4,000.00 38 REMOVING PIPE 165 LF 24,00 3,960.00 39 UNDERDRAIN PIPE 4 IN. DIAM. 700 LF 29.00 20,300.00 40 GRAVEL BACKFILL FOR DRAIN 30 CY 65.00 1,950.00 41 TESTING STORM SEWER PIPE 250 LF 2.00 500.00 42 DUCTILE IRON STORM SEWER PIPE 8 IN. DIAM. 15 LF 145.00 2,175.00 43 SCHEDULE A STORM SEWER PIPE 12 IN. DIAM. 250 LF 75.00 18,750.00 44 CATCH BASIN TYPE 1 8 EA $ 1,100.00 8,800.00 45 CATCH BASIN TYPE 2 48 IN. DIAM. 2 EA $ 4,500,00 9,000.00 46 FRAME AND VANED GRATE 2 EA 500.00 1,000.00 47 FRAME AND COVER 1 EA $ 600.00 600.00 48 RAISE MANHOLE 1 EA 500.00 500.00 49 CONNECTION TO DRAINAGE STRUCTURE 4 EA 650.00 2,600.00 50 EROSION/WATER POLLUTION CONTROL 1 LS $ 18,000.00 18,000.00 51 SWPPP PREPARATION AND MAINTENANCE 1 LS $ 1,500.00 1,500.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-4 gogg:wr i'Ajnoillagosgst wixtoppmormilifiNalMialefitaMMIMOWM400 TRENCH SAFETY SYSTEMS 1 LS $ 2,000.00 $ 2,000.00 52 53 CONTROLLED DENSITY FILL 15 CY 190.00 $ 2,850.00 54 CRUSHED SURFACING FOR TRENCH BACKFILL 330 TON 31.00 $ 10,230.00 55 YARD HYDRANT 10 EA 918.00 $ 9,180.00 56 SERVICE CONNECTION 3/4 IN. DIAM. 2 EA 800.00 $ 1,600.00 57 SERVICE CONNECTION 1.5 IN. DIAM. 2 EA $ 2,200.00 $ 4,400.00 58 1 IN. DIAM. WATER SERVICE 740 LF 23.00 $ 17,020.00 59 1.5 IN. DIAM. WATER SERVICE V 'T., ' *-7Wi: ' ;74 . IlagNeNRIVVAON, liaragarteknalligadateaniOnage 150 25 LF 26.00 EA 500.00 $ 3,900.00 12,500.00 Belarr 60 WSDOT HANDHOLE - TYPE 1 WITH LOCKING LID 61 WSDOT HANDHOLE - TYPE 8 WITH LOCKING LID 4 EA $ 1,400.00 5,600.00 62 CONDUIT (1") 3000 LF 3.00 9,000.00 63 CONDUIT (2") 2600 LF 5.00 13,000.00 64 RIGID METAL CONDUIT (RMC) 400 LF 14.00 5,600.00 65 REMOVE/RELOCATE PARKING LOT LIGHT (PRIVATE PROPERTY) 1 EA $ 3,300.00 3,300.00 66 UTILITYTRENCH 2420 LF 13.00 31,460.00 67 LIGHT COLUMNS AND BASES 27 EA $ 5,500.00 148,500.00 68 CANOPY LIGHTS 50 EA $ 1,100.00 55,000.00 69 TRANSIT CENTER MARKER LIGHTS 8 EA $ 2,000.00 16,000.00 70 REMOVE/RE-INSTALL LIGHT BOLLARDS AT CALIFORNIA PIZZA KITCHEN 1 LS $ 8,200.00 8,200.00 71 ILLUMINATION SYSTEM 1 LS $ 40,200.00 40,200.00 72 CCTV CAMERA SYSTEM (11*MISMMMUMISAJIVOCWVSIWgga 1 LS $ 51,000.00 $ 51,000.00 1 LS $ 480,000.00 $ 480,000.00 73 CONCRETE WALLS & FOUNDATIONS 74 SHELTER w/VVINDSCREEN 10 EA $ 91,000.00 910,000.00 75 TRANSIT CENTER MARKER 1 LS $ 56,000.00 56,000.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-5 76 TRASH RECEPTACLE 15 EA $ 4,000.00 60,000.00 77 TECH PYLON FOUNDATIONS 1 LS $ 6,500,00 6,500.00 78 GALVANIZED STEEL CABLE FENCE 1 LS $ 48,000,00 48,000.00 79 RUSTIC TERAZZO FLOORING 1 LS $ 14,000.00 14,000.00 80 BICYCLE RACK 8 EA 800.00 6,400.00 81 SITE SEATING '', ;,k '. "VaIUVOS,VatibarN'r*Nnatainit,liara,,SSMMPSNSMO 60 EA $ 1,300.00 $ 78,000.00 4:MOr 82 TOPSOIL TYPE A 545 CY 35.00 $ 19,075.00 83 STRUCTURAL SOIL 55 CY 67.00 ZNAMMCSOMISRVMOWNO 1 EA 277.00 $ 3,685.00 277,00 PSIPE Plants 84a PSIPE Acer freemanii 'Je sred', 2 1/2" cal., 12- 14' ht 85b PSIPE Gleditsia triacanthos var. inerrnis 'Shademaster', 2 1/2" cal., 12-14' ht 5 EA 262,00 1,310.00 84c PSIPE Ginkgo biloba 'Autumn Gold', 2" cal., 12-14' 14 EA 293.00 4,102.00 84d PSIPE Chamaecyparis nootkatensis "Green Arrow', 7- 8' ht. 9 EA 129.00 1,161.00 84e PSIPE Berberis thunbergii 'Helmondii`, 30" ht, 5 gal. 65 EA 28.00 1,820.00 84f PSIPE Berberis thunbergii 'Monomb', 18" ht, 5 gal. 126 EA $ 25.00 3,150.00 84g PSIPE Cedrus deodara Teelin Blue', 24" spread, 5 gal. 18 EA $ 84.00 1,512.00 84h PSIPE Cistus corbariensis, 18" ht, 5 gal. 2 EA 22,00 44.00 84i PSIPE Cistus salvifolius Prostratus', 24" spread, 5 gal. 22 EA 30,00 660.00 84j PSIPE Nandina domestica 'Gulf Stream', 18" ht, 5 gal. 16 EA 20.00 320.00 84k PSIPE Nandina domestica 'Moyer's Red', 24" ht, 5 gal. 34 EA 27.00 918.00 841 PSIPE Pinus mugo Pumilo', 18" ht, 5 gal. 6 EA 24.00 144.00 84m PSIPE Allium sp., bulbs 112 EA 15.00 1,680.00 84n PSIPE Carex testacea, 1 gal. 138 EA 8.00 1,104.00 840 PSIPE Euonymus fortunet 'Coloratus', 1 gal. 3494 EA 8.00 27,952,00 84p PSIPE Miscanthus sinensis 'Morning Light', 2 gal. 17 EA 17.00 289.00 84q PSIPE Muehlenbeckia axillaries, 4" pot 264 EA 5.00 1,320.00 84r PSIPE Arctostaphylos uva-ursi, 1 gal. 400 EA $ 8.00 3,200,00 84s PSIPE Pennisetum alopecuroides 'Hameln, 2 gal. 207 EA 14.00 2,898.00 85 WOOD CHIP MULCH 42 CY 56.00 2,352.00 86 SOD INSTALLATION 117 SY 11.00 1,287.00 87 ROOT BARRIER, 12" AND 18" DEPTH 192 LF 12.00 2,304.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www,bxwa.com - Always Verify Scale Proposal P-6 88 PEAGRAVFI WELLS 20 EA 175.00 3,500.00 89 AUTOMATIC IRRIGATION SYSTEM 1 LS $ 23,000.00 23,000.00 90 PERVIOUS PEDESTRIAN PAVERS 108 Si 22.00 2,376.00 91 STONE FEATURES, LANDSCAPE GRANITE BLOCKS 6 EA $ 6,000,00 36,000.00 92 GEOTEXTILE FOR UNDERGROUND DRAINAGE ,, miq4,44900-40 OTHER - : ialk liftegitatiaitiMMOMMOMOSIOditivom„,n;,64,rwmAgmematm.,,,b4,...„,,,,4„460: 200 , , SY 04104M1,0504410404,01VAN* $ ,e540,0 w,$ , I,II00;r00, ....2,,,,,, 93 REMOVAL OF HAZARDOUS MATERIALS - PCB 1 LS $ 10,000.00 $ 10,000.00 94 LONGTERM TEMPORARY BUS STOP 1 LS $ 10,000.00 10,000.00 95 SHARED DRIVEWAY ACCESS 1 EST $ 15,000.00 15,000.00 96 PROPERTY RESTORATION - AS DIRECTED 1 EST $ 10,000,00 10,000,00 97 MINOR cHAME - AS DIRECTED 1 EST $ 1.0,000.00 10,000.00 98 EXPLORATIVE EXCAVATION - AS DIRECTED 1 EST $ 5,000.00 5,000.00 99 POTHOLING - AS DIRECTED 1 EST $ 10,000.00 10,000.00 100 RESOLUTION OF UTILITY CONFLICTS - AS 1 EST $ 10,000.00 10,000.00 101 UNSUITABLE OVER-EXCAVATION & DISPOSAL OFFSITE - AS DIRECTED 300 CY 33.00 9,900.00 102 GRAVEL BO OW - AS DIRECTED 200 TON 30.00 6,000.00 103 QUARRY SPALLS - AS DIRECTED 200 TON 52.00 10,400.00 Schedule A Total 3,726,675.00 *Sales tax shall be included in the various unit prices, per Standard Specification section 1-07,2(1) and WAC 458-20-171. Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-7 TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK EST STREET & WATER IMPROVEMENT PROJECT - SCHEDULE B Project No. 90610402; 98810404, 99840105 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Refer to Division 10 for detinition of pay items. For Schedule B, include applicable Sales Tax in the various Unit and Lump Sum prices per Section 1-07.2(1) and WAC 458-20.171. Item No. em Description Quantity Unit Unit Price Amount ,*o», . , , , „ Altillaikl dIOUN010110,43Nratiosti ,Blotelatactmemigt c ILitigingo MOBILIZATION 1 LS $ 200,000.00 $ 200,000.00 2 CLEARING AND GRUBBING 0.2 AC $ 9,800.00 $ 1,960.00 3 REMOVING TREE 18 EA 320.00 $ 5,760.00 4 ROADWAY ROADWAYEXCAVATEONINCL . HAUL 1360 CY 37.00 $ 50,320.00 5 GRAVELBORROWINCL. HAUL 30 TON 35.00 $ 1,050.00 6 CRUSHED SURFACING TOP COURSE 390 TON 31.00 $ 12,090.00 7 PLANING BITUMINOUS PAVEMENT 9600 SY 6.50 $ 62,400.00 8 HMA CL. 1/2 IN. PG 64-22 1300 TON 92.00 $ 119,600.00 9 COMMERCIAL HMA 680 TON 123.00 83,640.00 10 COLD MIX ASPHALT CONCRETE PATCH 200 SY 25,00 $ 5,000.00 11 CEMENT CONC. PAVEMENT 50 SY 120.00 $ 6,000.00 12 ADJUST MANHOLE 1 EA 500.00 $ 500.00 13 CEMENT CONC. TRAFFIC CURB AND GUTTER 1470 LF 31,00 $ 45,570.00 14 CEMENT CONC. TRAFFIC CURB 1545 LF 22.00 $ 33,990.00 15 DUAL-FACED SLOPED MOUNTABLE CURB 87 LF 25.00 $ 2,175,00 16 ADJUST VALVE BOX 6 EA 500.00 $ 3,000.00 17 ADJUST JUNCTION 1 EA 500.00 $ 500.00 ,BOX , _ , 1111,7 ' 10141111111.100012101NONIAMOINOMMISIMO1111111011/11110911; 18 CEMENT CONC. DRIVEWAY ENTRANCE 215 SY 80.00 $ 17,200.00 19 CEMENT CONC. SIDEWALK 920 SY $ 40.00 $ 36,800.00 20 CEMENT CONC. CURB RAMP 2 EA $ 1,500.00 $ 3,000.00 "Ifle00000;t0APPIWASWOOM4 A0M0/1200Mair1 t MIVati 21 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 86,000.00 $ 86,000.00 22 RAISED PAVEMENT MARKER TYPE 1 10 HUND $ 360.00 $ 3,600.00 23 RAISED PAVEMENT MARKER TYPE 2 3 HUND $ 463.00 $ 1,389.00 24 TRAFFIC SIGNAL MODIFICATION - STRANDER BLVD. 1 LS $ 44,000.00 $ 44,000.00 25 PERMANENT SIGNING 1 LS $ 2,800.00 $ 2,800.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-8 26 REMOVAL OF PAVEMENT MARKINGS 1 LS 2,200.00 2,200.00 27 PAINT LINE 100 LF 2.00 200.00 28 PLASTIC LINE 1785 LF 2.00 3,570.00 29 PLASTIC CROSSWALK LINE 230 SF 7.00 1,610.00 30 PLASTIC TRAFFIC ARROW 16 EA 113.00 1,808.00 31 TEMPORARY PAVEMENT MARKING z ,Y44440CAWAKCAMONOWOONO4418400W11014010WWW0000014404 SPCC PLAN 8000 1 LF LS 0.25 $ 700.00 2,000.00 $ 700.00 0010Nerib 32 33 REMOVING DRAINAGE STRUCTURE 2 EA $ 500.00 $ 1,000.00 34 GRAVEL BACKFILL FOR DRAIN 10 CY $ 55.00 $ 550.00 35 SCHEDULE A STORM SEWER PIPE 12 IN DIAM. 10 LF $ 170.00 $ 1,700.00 36 CATCH BASIN TYPE 2 48 IN DIAM. 2 EA $ 1,000.00 $ 2,000.00 37 THRU-CURB INLET FRAME AND GRATE TYPE 263 2 EA $ 900.00 $ 1,800.00 38 COMBINATION INLET FRAME AND GRATE 2 EA $ 500.00 $ 1,000.00 39 FRAME AND VANED GRATE 1 EA $ 500,00 $ 500.00 40 FRAME AND COVER 14 EA $ 600.00 $ 8,400.00 41 RAISE MANHOLE 2 EA $ 500.00 $ 1,000.00 42 EROSION/WATER POLLUTION CONTROL 1 LS $ 16,000.00 $ 16,000.00 43 SWPPP PREPARATION AND MAINTENANCE 1 LS $ 1,500.00 $ 1,500.00 ii Aft0A 44 7 704014 ,,V 402/!t4 :30WbelqWn , ZiPVrgteW;t4rW TRENCH SAFETY SYSTEMS ' ' ''M ,, 1 ;,, po,, LS 7,votWe $ 2,000.00 ,f J.1. IC* $ 2,000.00 45 CONTROLLED DENSITY FILL 50 CY $ 190.00 $ 9,500,00 46 CRUSHED SURFACING FOR TRENCH BACKFILL 60 TON $ 45.00 $ 2,700.00 04001e,P 47 ''':,:r1', ':**44010407A4P04440f7I0401401%."44041010W STREET LIGHT POLE, SINGLE ARM WITH LED HEAD 6 14i-,NEW EA 6,400.00 ItkiiNcr,U,V 38,400.00 48 STREET LIGHT POLE, DOUBLE ARM WITH LED HEADS 7 EA 6,900.00 48,300.00 49 CONDUIT (1") 250 LF 4,00 1,000.00 50 CONDUIT (2") 3300 LF 5,00 16,500,00 51 STREET LIGHTING WSDOT HANDHOLE - TYPE 2 W/LOCKING LID 40 EA 657.00 26,280.00 52 STREET LIGHTING WSDOT HANDHOLE - TYPE 8 W/LOCKING LID 2 EA 1,400.00 2,800.00 53 COMMUNICATION CONDUIT (3") 3800 LF 5.00 19,000.00 54 REMOVE EXISTING STREET LIGHT POLES AND HEADS 10 EA 342,00 3,420.00 55 REMOVE EXISTING HANDHOLES 10 EA 85.00 850.00 56 UTILITY TRENCH 2600 LF 13.0( ) $ 33,800.00 57 ILLUMINATION SYSTEM 1 EA $ 20,500.00 20,500.00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-9 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale : -e!--'ift7INSOMEMOVONIMMIMENSIMINSAGIMilitgaiiMMOIMMINA TOPSOIL TYPE A 935 MII 35.00 32,725.00 58 59 STRUCTURAL SOIL 685 1521 67.00 45,895.00 PSIPE LANDSCAPE PLANTS PER PLANS 'ONO 9 MOMANNO MII 278.00 44i Dit A; ME 2,502.00 60a PSIPE Acer freernanii 'Jefffersred', 2 1/2" cal., 12-14' 60b PSIPE Cladrastis kentukea', 2 1/2" cal., 10-12' ht =III= 288.00 1,440.00 60c PSIPE Fraxinus .erns Ivanica 'Marshall, 2 1/2" cal., 12-14' ht MIIM 247.00 4,199.00 60d PSIPE Quercus coccinea, 2 1/2" cal., 12-14' ht 6 278.00 1,668.00 60e PSIPE Quercus robur x Q. alba 'Crimschmidf, 2 1/2" cal., 12-14' ht 23 MII 268,00 6,164.00 60f PSIPE Berberis thunber!ii var. 'Atrotu .urea Ba!atelle', 12" siread, 2 !al, 32 1111110111Eg 800.00 60 PSIPE Berberis thunber!ii 'Monomb', 18" ht, 5 gal, 156 MII 25.00 3,900.00 60h mini 22.00 1,210.00 PSIPE B is GI 1 P , 18" '.5 60i PSIPE Cistus salvifolius 'frostratus, 24" sread, 5 !al. 66 11111101 30.00 1,980.00 60' PSIPE Mahonia nervosa, 12" s+read, 2 :al. 36 EA 14.00 504.00 60k PSIPE Nandina domestica 'Gulf Stream', 18" ht, 5 !al. Mil EA 27.00 4,239.00 601 PSIPE Osmanthus delava i', 18" ht, 5 :al. 10 in 24.00 240.00 60m PSIPE Album so., bulbs 500 IMI 15,00 7,500.00 60n PSIPE Euon mus fortunei 'Coloratus', 1 :al. 3408 EA 8.00 27,264,00 60o PSIPE Nassella tenuissima, 2 !al. 1111111111M 17.00 1,989.00 60 PSIPE Pennisetum alo« ecuroides 'Hameln, 2 !al. 107 Inil 14.00 1,498.00 60 PSIPE Rubus sentalobus, 1 !al. 1542 IMI 8,00 12,336.00 60r PSIPE Sedum siurium 'Voodoo', 4" tot Irell=11 5,00 1,285.00 61 WOOD CHIP MULCH 56 56.00 3,136.00 62 SOD INSTALLATION 1025 SY $ 11,00 1113111111MMI 63 ROOT BARRIER 844 LF IIIIMEIII 10,128.00 64 AUTOMATIC IRRIGATION SYSTEM NMI= $ 35,000.00 35,000.00 65 PERVIOUS PEDESTRIAN PAVERS 1920 MEMIIII 42,240.00 66 l orginenewoommit :, iMIRD lio MU 56810h4oi PRIVATE ILLUMINATION SYSTEM RE-WORK ALLOWANCE MIME V f,,,,0 'Wq- 'omelif $ 24,000.00 w wvroo *0:0 $ 24,000.00 67 PROPERTY RESTORATION - AS DIRECTED EST $ 10,000,00 10,000.00 68 MINOR CHANGE - AS DIRECTED MIIIM $ 2,500.00 2,500.00 69 EXPLORATIVE EXCAVATION - AS DIRECTED 1 EST $ 2,500.00 2,500.00 70 POTHOLING - AS DIRECTED 111111111/1111 $ 5,000.00 1111111111=11 1.1111MIS RESOLUTION OF UTILITY CONFLICTS - AS DIRECTED MIN= $ 5,000,00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P -10 72 UNSUITABLE OVER - EXCAVATION & DISPOSAL OFFSITE - AS DIRECTED 100 CY $ 33.00 $ 3,300.00 73 GRAVEL BORROW - AS DIRECTED 150 TON $ 30.00 $ 4,500.00 74 QUARRY SPALLS - AS DIRECTED 100 TON $ 52.00 $ 5,200.00 Schedule B Total 1,424,049.00 *Sales tax shall be included in the various unit prices, per Standard Specification section 1- 07.2(1) and WAC 458 -20 -171. Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6 -15 -10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-11 TUKWILA URBAN CENTER TRANSIT CENTER PROJECT; ANDOVER PARK WEST STREET & WATER IMPROVEMENT PROJECT - SCHEDULE C Project No. 90610402; 98810404, 99840105 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Refer to Division 10 for definition of pay items. For Schedule C, do not include applicable Retail Sales Tax in the various Unit and Lump Sum prices, but instead add Sales Tax to the end sum as shown per Section 1-07.2(1) and WAC 458-20.171. Item No Item Descr 'on , ,,, 11MANSOMMORM4V.' 0110166000%117M-10110000V115400110$ , ,, Quantit 1 Unit LS Unit Price $ 125,000,00 Amount ,, , , $ 125,000.00 Al•Mg 1 MOBILIZATION 2 COMMERCIAL HMA 1000 TON $ 123.00 $ 123,000.00 3 COLD MIX ASPHALT CONCRETE PATCH 1430 SY $ 25.00 $ 35,750.00 4 CEMENT CONC. TRAFFIC CURB AND GUTTER 50 LF $ 50.00 $ 2500.00 5 c-7 ,,.,, ; losompwAi,4 ";vrgymupormINIK"vr;Iwip': PROJECT TEMPORARY TRAFFIC CONTROL 1 LS MW4Wil $ 39,000.00 1' ,,'IWMfel $ 39,000.00 6 TRAFFIC SIGNAL MODIFICATION - TUKWILA PKWY 1 LS $ 25,000.00 $ 25,000.00 7 TEMPORARY PAVEMENT MARKING 2000 LF $ 0.25 $ 500.00 ,,'-'l 8 , AttiMUNKANthie4 , 111•011aroftwiv:4%01114 SPCC PLAN 41,441 LS i444 $ 700.00 AL40,A; $ 700.00 9 EROSION/WATER POLLUTION CONTROL LS $ 7,500.00 $ 7,500,00 10 SWPPP PREPARATION AND MAINTENANCE LS $ 1,500.00 $ 1,500.00 0011/40. 11 , A44 ',116,KP 6,1; fACIMINERSIC'' V4NA44 efet0444I$MM(116 TRENCH SAFETY SYSTEMS 1 LS lq,,,, ler 2,000.00 AM 'f4 e,101; 2,000.00 12 CONTROLLED DENSITY FILL 185 CY 145,00 26,825.00 13 CRUSHED SURFACING FOR TRENCH BACKFILL 2100 TON 16.00 33,600.00 14 DUCTILE IRON PIPE FOR WATER MAIN 6 IN. DIAM. 120 LF 60.00 7,200,00 15 DUCTILE IRON PIPE FOR WATER MAIN 8 IN. DIAM. 350 LF 73,00 25,550,00 16 DUCTILE IRON PIPE FOR WATER MAIN 121N DIAM. 1975 LF 91.00 179,725.00 17 TESTING WATERMAIN 1 LS 5,000.00 5,000.00 18 CONNECTION TO EXISTING SYSTEM 5 EA 5,500.00 $ 27,500.00 19 CONNECTION TO EXISTING FIRE SYSTEM 3 EA 1,500,00 4,500.00 20 ADDITIONAL PIPE FITTINGS 1000 LBS 4,00 4,000.00 21 PLUG AND ABANDON WATERMAIN 1975 LF 2.00 3,950.00 22 GATE VALVE 8 IN. 8 EA 1,100.00 $ 8,800.00 23 GATE VALVE 12 IN 10 EA 2,000.00 20,000,00 24 ABANDON VALVE ASSEMBLY 15 EA 170,00 2,550,00 Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev, 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verity, Scale Proposal P-12 25 COMB. AIR RELEASE/AIR VACUUM VALVE ASSEMBLY 1 IN. 1 EA 2,700.00 2,700.00 26 HYDRANT ASSEMBLY 11 EA 4,200.00 46,200.00 27 REMOVE HYDRANT ASSEMBLY 6 EA 600.00 3,600.00 28 RECONNECTING EXISTING HYDRANTS 1 EA 1,500.00 1,500,00 29 SERVICE CONNECTION 3/4 IN DIAM. 1 EA 1,500.00 1,500.00 30 SERVICE CONNECTION 1.5 IN DIAM. 2 EA 2,700.00 5,400.00 31 SERVICE CONNECTION 2 IN DIAM 3 EA $ 3,10000 $ 9,300.00 ;41000-. 32 ; - '" attratlapteStaie"*ANOVIOSCOINNOWPOOMILSWINVW MINOR CHANGE - AS DIRECTED 1 EST 11M,AlkingieW 2,500.00 2,500.00 33 EXPLORATIVE EXCAVATION - AS DIRECTED 1 EST 2,500.00 2,500.00 34 POTHOLING - AS DIRECTED 1 EST 5,000.00 5,000.00 35 RESOLUTION OF UTILITY CONFLICTS - AS DIRECTED 1 EST 5,000.00 5,000.00 36 UNSUITABLE OVER-EXCAVATION & DISPOSAL OFFSITE - AS DIRECTED 100 CY $ 33.00 3,300.00 37 GRAVEL BORROW - AS DIRECTED 150 TON 30.00 4,500.00 38 QUARRY SPALLS - AS DIRECTED 100 TON 52.00 5,200.00 Schedule C Subtotal Sales Tax @ 9.5 % Schedule C Total 809,850.00 76,935.75 886,785.75 TOTAL OF SCHEDULES: Schedule A brought forward 3,726,675.00 Schedule B brought forward 1,424,049.00 Schedule C brought forward 886,785,75 TOTAL BID PRICE 6,037,509.75 Road Construction Northwest, Inc. 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. Road Construction Northwest, Inc. 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 respective ti ated quantities sho n on the Bid form then totaling all of the extended amounts. Signed Title: Date: Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P -13 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 inthe 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 an 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 prant-out by the respective estimated quantities' shown on the Bid form then totaling all of the extended amounts: Signed: Title: Date Tukwila Urban Center Transit Center Project; Andover Park West Street . &. Water Improvement Project Rev. 6 -15 -10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see wvvw.bxwa.com - Always Verify Scale Proposal P-1.4 By signing below, Bidder acknoWledges receipt and understanding of the following Addenda to the Bid Document's: Addendum No. 1 2 Date of Receipt -/ 2c)I2 /D -2- Ze(.? NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal arki 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 po Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety'Company whic h will furnish the required Payment and Performance Bond is Addendum No.. Date of Receipt 3 /e3- zo/2 4 &flPhoreng VTUAL eA10/1-1-7 Co. of PO /3oX 3/f7 1.zstivtA)00.0 Vice.,46E) Co (Name) (Address) e 152,_ Bidder: Signatureqf Authorized Official: Printed Name and Title: Address: 'Circle One: joint' Venture Road Constructi n Northwest, Inc. 7 I GE- ilieS41ZWArl-- "PD goX /80 Re-wani W4- 9805-7 State of Incorporation: 12A91/4/67-6,1,/ Individual / Partnership / orporatiOn Phone No.: 125- 2S' e799g 28 Date: /0/8/20/..? mis 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 nam e 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. Tukwila Urban Center Transit Center Project; Andover Park West Street & Water Improvement Project Rev. 6-15-10 Provided to -Buddert Exchange of WA, Inc. For Conditions - Always.. VerityScale,.