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14-078 - James W Fowler Company - East Marginal Way South Storm Pipe Replacement
CITY OF TUKWILA CONTRACT CHANGE-ORDERNO. 013 Sheet 1 of 1 DATE: 3 -9 -16 BUDGET NO.: 412.98.594.382.65.0 - 14- 078(m) PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 C 1-r1) 14-078(m) Approval 6 /6!' PROJECT NAME: East Marginal Way South Storm Pipe Replacement p TO: James W Eowler Company 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. t, 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; and C: All claims against the "Owrier" which are-incidental to or as a consequence of this change are waived. , - 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". This change adds new lump sum bid items . capturing a variety of closeout issues as negotiated with 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 otherwis-'b noted above, and perform all services necessary for the work above specified, and ' will accept - f I .a, ment er- ore the prices shown above and below. ACCEP is ri- ,/ / - B 1/111 Y /f ,l Original Contract (without tax) $2,051,720.00/ APPROVED BY HE CITY OF TUKWILA Previous Change Orders $75,888.251 This Change Order (without tax) $415,645.91 ✓ REV. CONTRACT AMOUNT(w /out tax) $2,543,254.16 1 Contractor__JW FOWLER COMPANY_ Title VP Additional Calendar Days due to this change: A OIGINAL: City Clerk (1 of 2) Contractor (2 of 2) _ _ Date City Engineer cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file ; 5 - J aG 6`A/4S K\PROJECTS\TUKWHA\13041 - E Marginal Way Eater SW Rep \CONST & COMPLETION - CS1105 Change Mng\105.003 Change Orders\ 105.3.012 CO 013 Cbseauffiield Change Order413 - EMW Sionn.doc CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 012 Sheet 1 of 1 DATE: 3 -11 -16 BUDGET NO.: 412.98.594.382.65.0 PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 (� PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 14- 078(1) Council Approval 6/6/1 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adds new lump sum bid items capturing a variety of closeout issues as negotiated with 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 - f 11 pay, -nt t ere ore the prices shown above and below. ACCEP By /6 Original Contract (without tax) $2,051,720.00 v Previous Change Orders $220,497.17 ✓ Date i This Change Order (without tax) ($144,608.92) I By / REV. CONTRACT AMOUNT(w/out tax) $2,127,608.25 �/ dditional Calendar Days due to this change: _0_ )) Contractor JW FOWLER COMPANY_ Title 1/177 APPROVED BY THE CITY OF TUKWILA ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) City Engineer cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file / ?- /6/Af4LS KiPROJECTS\TUKWILA113041 • E Marginal Way Emer SW Rep1CONST 6 COMPLETION • CS1105 Change Mng1105.003 Change Orders \105.3,012 CO 012 01y ReconciGalion \REV Field Change Order 12 .doc EXHIBIT A Page 1 of 2 You arc ordered to perform the following described work upon receipt of an approved copy of the change order Background: This Change Order Is to reconcile the contract amount with the amount paid to date to the contractor..These figures are different due to Bid Item quanity over /underruns and an amount withheld due to HMA documentation never received. Reason /Justification for•Change: The quantity over / underruns and missing documentation withholding could not have been anticipated at the time of bid, Description of Change: This Change Order deducts bid Item quantities from the original' contract which were never installed. This Change Order creates a new bld Item "HMA Withholding" to deduct amounts from the contract which were never paid to the contractor due to the inability of the contractor to produce required paperwork. New Items Added: Add new item: A70- HMA Wittiholdfng Add 1 LS N/A Add N A Add Contract Items Added /Deducted: All original qty have been revised to match ctv installed. See attached sheeisrfor details; Calendar Days: 0 calendar days have been added as a result of this conflict 111 III , hi Ili 111 di II III 11111111 11111111 mt 111 alto i 'Au 11110 111 111111111111111111111111111111111111 111 II1IOhIIIIIIIIIIIIIIIIIIIIIIIIIIiii OE REM our Ion mo r PP. I IN II &lir c 11111011M11110010111 111 1111111111111111111111 111 111111111111111111111 1! 1O. v ig Hmul ID I i :i':hi'ii Da 11 1 • ,4w IIIffiJi III I iI IiIll iII� II Mil _ RDhI II��I 1II11 11 III dhl E IEIDIF 1 1I11�I � 1�I�� g Ali 11111111_ a 1111111 s IIIIO X 11 1�I lei & 1 11111111 1111111 11111 p11 1 Ii[ !iIiPMIlnt It mi j� r'' 1111 IIhIUII �Ilfill s 100 ne MHO II I0 olooi 11111111 & 1111111 8 11111 Oil 04 111 11111 1111 i1iII f R��iII - f ° 7 4� ;a111 NOW CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 011 Sheet 1 of 1 DATE: 3 -11 -16 BUDGET NO.: 412.98.594.382.65.0 14- 078(k) PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 (K) Council Approval 6/6/16 PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adds a new lump sum bid item capturing the cost impacts of discovering and relocating the Century Link conduit duct bank. 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 .s "II p: -nt her fore the prices shown above and below. ACCEP By 6 Original Contract (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT(w /out tax) $2,051,720.00 / $9,292.62 ✓ Date $211,204.55 t/ By $2,272,217.17 Contractor JW FOWLER COMPANY_ Title VP APPROVED BY THE CITY OF TUKWILA Additional Calendar Days due to this change: _21.5_ City Engineer RIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file / 5}- ft L6/A/ik,S K:\PROJECTS \TUKWILA \13041 E Marginal Way Emer SW Rep\CONST & COMPLETION - CS \105 Change Mng1105.003 Change Orders1105,3.011 CO 011 Century Cnk \REV Field Change Order 11 .dac EXHIBIT A Page 1 of 3 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: From general location MH #4 to MH #S, the contractor encountered a Century Link utility duct bank not shown accurately on the plans. After discussions with Century Link, it was determined that in order to safely perform contract work in the area, the existing conduit duct bank would need to be completely exposed, all encasement concrete removed, the conflicting conduit removed, handled, and replaced in coordination with Century Link. The work was performed by Century Link with assistance/ support from the contractor. Additional potholing, excavation and property restoration were required beyond the plans due to this conflict. Reason/Justification for Change: The current contract's utility conflict bid item is not sufficient to cover the totality of this impact. A new bid item is needed. Description of Change: This change order adds a new bid item which will allow for the payment for the Century Link conflict. New Items Added: Add new item: B60 - Century Link Conflict Add 11.5 Contract Items Added /Deducted: Increase Bid Item B7 - Pavement Removal: Increase Bid Item 88 - Concrete Sidewalk Removal/ Haul: Increase Bid Item 89 - Curb Removal/ Haul: Increase Bid Item B12 - HMA installed: Increase Bid Item 815 - Curb/ Gutter Installed: Increase Bid Item 819 - Concrete Sidewalk installed: Increase Bid Item B42 - Select Trench Backfill: Calendar Days: 21.5 calendar days have been added as a result of this conflict Add 138.83 SY Add 18.89 SY Add 24 LF Add 60.5 Ton Add 24 LF Add 18.89 SY Add 555.86 Ton EXHIBIT A Page 2 of 3 Measurement: Measurement for New Item #B60 will be per LS. Measurement for time impacts have been calculated and are shown below EMW EMERGENCY STORM Project # 91241206 SCHEDULE 8 CENTURYLINK CONFLICT COST ASSESSMENT Date: 7/6/2015 Date FA Report Description Critical Path Crew Time Subcontractor Cost Paid in Pay Estimate or Change Order 1/30/2015 76 Pothole at STA 3 +75 1.5 $477.85 PE #8 1/30/2015 77 4" conduits encroach MH #5 8.5 $13,871.29 CO #11 1/30/2015 77A 1MR work this day 0 1MR Trucking 5165.57 CO #11 2/2/2015 78 remove conduit for trench box 8 513,156.01 CO #11 2/3/2015 80 pothole at STA 4 +82 0 5955.71 CO #11 2/3/2015 81 remove conduit for trench box 8 $13,256.20 CO #11 2/4/2015 82 remove conduit for trench box 8 $12,058.30 CO #11 2/9/2015 88 remove conduit for trench box 8 512,059,10 CO #11 2/10/2015 89 expose /chip concrete for conduit 8 - 511,582,67 CO #11 2/11/2015 90 Fowler waiting for CL 1,5 $1,083.58 CO #11 2/11/2015 90A sawcutting, waiting for CL 0 Penhall 5916.50 CO #11 2/12/2015 92 standby waiting for CL 8 $5,128.46 CO #11 2/13/2015 94 standby waiting for CL 8 55,050.93 CO #11 2/16/2015 95 remove pavement at duct bank 8 $8,525.13 CO #11 2/17/2015 97 remove pavement at duct bank 8 $6,872.74 CO #11 2/18/2015 99 standby waiting for CL 8 $7,389,08 CO #11 2/19/2015 101 Fowler removal HMA, backfill .8 $7,234.79 CO #11 2/20/2015 103 standby waiting for CL, backfill 8I 511,214.52 CO #11 2/20/2015 103A 5awcutting b_ y Penhall 0 Penhall $655.20 CO #11 2/23/2015 108 CenturyLink delays 9 511,174.69 CO #11 3/3/2015 119 Assist Pac. Ut. Backfill, work delay 5.5 54,572.72 CO #11 3/16/2015 120 Operator assistance of backfill 0 $85.05 CO #11 4/1/2015 125 sawcutting of damaged pavement 0 5397.95 CO #11 4/1/2015 125A Penhall invoice 0 Penhall 51,610,17 CO #11 Work Days of Delay Total 15.25 Total $149,494.21 Calendar Days Delay Total 21.35 Costs include Labor and Equipment Mark -up Subcontractor Costs are based on invoice, some of which are still unknown Stream bypass Costs are calculated at $240.31 /hour and are included In equipment cost Generator costs after 2/18 are triple shift (stream bypass) TlMf:COST UNIT Calendar Day Force Account Total $149,494.21 QUANTITY UNIT COST TOTAL 21.5 51,960 $42,140 TOTAL $ 191,634.21 EXHIBIT A Page3of3 Payment: Items to be included in this price, but not necessarily limited to all necessary materials, labor, and equipment for the removal, handling, and disposal of unanticipated large diameter rocks and trees. SUMMARY OF QUANTITIES Existing Bid Item Adjustments Item No. Description Unit Qty. New Qty Total Unit Price Amount B7 Pavement Removal SY 138.83 588.83 $ 6.50 $ 902.40 B8 Concrete Sidewalk Removal/ Haul SY 18.89 379 $ 10.00 $ 188.90 B9 Curb. Removal/ Haul LF 24 644 $ 5.00 $ 120.00 812 HMA installed Ton 60.5 331 $ 110.00 $ 6,655.00 B15 Curb/ Gutter installed LF 24 644 $ 24.00 $ 576.00 B19 Concrete Sidewalk installed SY 18.89 287.6 $ 30.00 $ 566.70 B42 Select Trench Backfill Ton 555.86 2505.9 $ 19.00 S 10,561.34 Subtotal Existing Items: $19,570.34 Change Order Items item No. Description Unit Qty. Unit Price Amount B60 Century Link Conflict ' LS 1 $ 191,634.21 $ 191,634.21 Subtotal Change Order Items: $191,634.21 TOTAL CHANGE ORDER AMOUNT: $211,204.55 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 10 Sheet 1 of 1 DATE: 3 -11 -16 BUDGET NO.: 412.98.594.382.65.0 14- 078@ PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 (j) Council Approval 6/6/16 PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adds a new lump sum bid item capturing the cost impacts of discovering, handling, and relocating unmarked Group Health/ CBRE fiber optic conduit. 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 accep !s f6iII • , y t t eref re the prices shown above and below. ACCEP By 11 ContractorJW FOWLER COMPANY_ Title Original Contract (without tax) $2,051,720.00 V APPROVED BY THE CITY OF TUKWILA Previous Change Order ($46,782.99) / Date ��Pd This Change Order (without tax) $56,075.61 :// REV. CONTRACT AMOUNT(w /out tax) $2,061,012.62 Additional Calendar Days due to this change: _4.5 Mayor City Engineer ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file % 9d 02 006iAris -�S K:IPROJECTS \TUKWILA \13041 - E Marginal Way Emer SW Rep1CONST & COMPLETION - CS1105 Change Mng1105.003 Change Orders1105.3.010 CO 010 Group Health C8RE\REV Field Change Order ,doc EXHIBIT A Page 1 of 3 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: The Group Health fiber crossing located at approximate STA 2 +55 was unmarked. The subsequent discovery and relocation could not have been anticipated at the time of bid. The actual discovery occurred at a time when no alternate work could be performed. Additionally, a high flow bypass system was functioning which compounded delay costs. This change order captures the time and cost necessary to discover and relocate the fiber optic crossing as well as the impacts due to the delayed construction of contract work resulting from the discovery, relocation, and coordination of the fiber optic crossing. This change order includes other ancillary impacts resulting from the above described conflict including additional property restoration and additional contract materials. Reason /Justification for Change: The current contract's utility conflict bid item is not sufficient to cover the totality of this impact. A new bid item is needed. Description of Change: This change order adds a new bid item which will allow for the payment for the Group Health crossing conflict. New Items Added: Add new item: B61 - Group Health Crossing Conflict Add 1 LS Contract Items Added /Deducted: Increase Bid Item B42 - Select Trench Backfill: Add 50.54 tons Calendar Days: 4.5 calendar days have been added as result of this conflict. EXHIBIT A Page 2 of 3 Measurement: Measurement for New Item 6861 will be per LS. Measurement for time impacts have been calculated and are shown below; EMW EMERGENCY STORM project #91241206 SCHEUDLE 8 CBRE CONFLICT COST ASSESSMENT UPDATED 3/8/16 Date FA Report Description Critical Path Crew Time Subcontractor Known Cost Paid 1/30/2015 75 pothole to locate crossing 0 _ 178.39 PE #8 1/30/2015 75A VPC work this day, pothole VPC .2125.8. PE #8 2/2/2015 79 pothole to locate Dossing 0 VPC 2709.12 PE #8 2/4/2015 83 pothole to locate crossing 0 1217.66 PE #8 2/4/2015 83A VPC work this day, pothole _ VPC 1997.2 PE #8 2/5/2015 84 remove cdf, expose conduit 8 13031.49 CO #10 2/5/2015 84A VPC work this day, excavate _ VPC 1747.63 PE #8 2/6/2015 85 access conduit for Evergreen 8 12811.51 CO #10 2/6/2015 856 VPC work this day. excavate VPC. 2196.79 PE 48 2/16/2015 96 remove cdf. expose conduit 4 2646.25 COME 2/16/2015 96A VPC work this day, excavate VPC 1480,88 CO #10 2/23/2015 105 remove cdf to Install MH #4 5.5 2430.46 PE 48 2/23/2015 105A VPC workthisday VPC 1722.17 CO #10 Work Days of delay Total 3:19 Force Account Work Total 46,295.35 Calendar Days of.DclnyTotal . 4.47 Costs are based on complete Force Account Reports Costs include labor, Equipment, and material mark -up Stream bypass costs are calculated at $240.31/ hour and are included In equipment TIME COST cost Unit Unit Cost (negotiated) Tot ahCost 'Quantity c+tendarday.f 4.5 51,960 1 _ 58;820 Force account work 46,295.35 Time Cost 58,820 CBRE total _ .$ .55,115.35 EXHIBIT A Page 3 of 3 Payment: SUMMARY OF QUANTITIES Existing Bid Item Adjustments Item No. Description Unit Qty. Unit Price Amount B42 Select Trench Backfill Ton 50.54 $ 19.00 $ 960.26 S ubtotal Existing Items: $960.26 Change Order Items Item No. Description _ _ Unit Qty. Unit Price Amount B61 Group Health Crossing Conflict 15 1 $ 55,115.35 $ 55,115.35 Subtotal Change Order Items: 555,115.35 TOTAL CHANGE ORDER AMOUNT: 56,075.61 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 09 Sheet 1 of 1 DATE: 7 -6 -15 BUDGET NO.: 412.98.594.382.65.0 PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 0-) PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 14 -0780) Council Approval 6/6/1 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adds a new lump sum bid item capturing the cost impacts of discovering, handling, and disposing of large diameter subsurface rocks and trees within Schedule 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 otherw' e be noted above, and perform all services necessary for the work above specified, and will acc q•t = s ' u r, . y , - nt here ore the prices shown above and below. ACC By Original Contract (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT(w /out tax) $2,051,720.00 / ($111,275.30) V $64,492.31 $2,004,937.01 Additional Calendar Days due to this change: _0_ Contractor _JW FOWLER COMPANY_ Title v APPROVED BY THE CITY OF TUKWILA Date By Mayor City Engineer ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file KAPROJECTS\TUKWILA \13041 • E Marginal Way Emer SW Rep1CONST & COMPLETION • CS \105 Change Mng1105A03 Change Orders1105.3.008 CO 009 Rocks Trees \Field Change Order 09 - EMW Storm ioc EXHIBIT A Page 1 of 3 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: Large diameter rocks and trees have been encountered throughout the trench section. At the time of bid, these could not be reasonably anticipated by the contractor. The impacts of these items has been tracked by inspection personnel. Reason/Justification for Change: The current contract has no appropriate mechanism for payment due to the impacts of large diameter rocks and trees. Description of Change: This change order adds a new bid item which will allow for the payment for subsurface large diameter rocks and trees. New Items Added: Add new item: A69- Schedule A Subsurface Large Diameter Rock. and Tree impacts Add 1 LS Contract Items Added /Deducted: N/A Calendar Days: Deduct 0 No calendar days will be added due to this change, time impacts for this issue have already been addressed in Change Order #3. EXHIBIT A Page 2 of 3 Measurement: Measurement for New Item /A69 will be per 1_5. - Measurement for time impacts will be reviewed per 1-08.8 of the 2014 WSDOT standard specifications and made outside of this change order. FA No. pale Item No. Deecripllon Amount TruckingCosts(Remarke$ Pald 00 E12. 6 8121/2014 0-1 Additional time to remove large rocks and trees Irom storm pioe trench, STA 15+50 S 2,787.76 __ 7 8122/2014 A -1 Additional time to remove a 24'diameter tree Irom storm pipe trench STA15+45 $ 2,23021 3 8 8/252014 A -1 Additional lime Ib remove a 24' Tree at STA 15+30.1ogs and tree at STA15 +20 $ 2,230.21 - 3 9 812612014 A -1 Additional lime to remove a 24 -30' Tree and 1 -2 man rocks Irom STA 14+80 S 3,203.78 3 9A 826/2014A -1 Silver Streak trucking work on this day - 5 277.20 4 10 827/2014 A -1 Additional lime to remove a 15'1ree/rocks from beneath PSE gas utiliyal STA14+38 $ 4,460.41 3 11 827/2014A -1 Silver Streak trucking for work on this day S 249,48 3 IIA 8272014A -1 Twist Flagging lot work antis day $ 300.87 3 12 8/28/2014 A -1 . Ttmelo remove large stones, debris and logs. Additional llIbecause of nealline sloughing. $ 4388.48 3 13 828/2014 A -1 Silver Streak Trucking for work on lhls day - $ 894,60 3 13A 828/2014A -1 Twist Flagging tor work on this day $ 26326 3 14 8/20/20140 -1 Additional time to remove trees and rocks for enavallon to sel WEI 412 a1STA 13+55 $ 3,203.78 3 15 8/292014 A -1 Silver Streak Trucking for work on this day $ 252.00 3 I5A 829/2014 A -1 Twist Flagging for work on this day $ 225,65 3 16 9/2/2014 A -1 lime to remoe woody debds,18' logs. and large rock Irom pipe trench $ 2. 837.71 3 17 9/2/2014 A -1 Siker Streak Trucklnalor work on this day - $ 85.68 3 17A 9/2/2014 0-1 Twist Flagging for work on this day $ 188.04 3 18 913/2014A -1_ Tune to Femme Uee debris, large log 15 ",a rid large rock lram pipe trench 5 3.40526 3 18A 9/32014A -1 _ Twist Flagging Or work on this day $ 22555 188 9/3/2014 A -1 Silver Streak trucking for work on Ibis day $ 319,48 3 20 9/52014 A -1 Time 0 remove large stone Irom storm pipe trench and relocate to Tukwila Parks site. $ 1.702.83 3 20A 9/5120140.1 Twist Flagging tor work on this day $ 112.83 3 200 9/5/2014 A -1 Siker Streak trucking for work on this day - - $ 163.80 3 22 9/82014 A -1 Time to remove large rock Irom storm pipe trench and relocate to Tukwila Parks site. 5 1,135,08 3 22A 9/8/20140 -1 Twist Flagging tor work on this day _ $ 75,22 3 228 9/8/2014 0 -1 Silver Streak trucking for work on this day $ 161.28 3 26 9/12/2014 A -1 Woody debris from trench is loaded for removal Irom she $ 303.09 3 268 9/122014A -1 Silver Streak trucking for workon this day.Cedar Grove woodydebris disposal lee $ 969.86 3 28 9/16/2014 A -1 Woody debris from Trench is loaded for removal from site S 303.09 3 288__ 9/18/2014A -1 Siker Streak trucking work on ill's day $ 20L60 3 _0.1 Pddltional amount due contractor tor standbyequipment nolcalcied In P692.3 •_ S 2.343.60 4- See FNR 40 1022/20140.1 Tukwila share ol additional rental equipment costs Sdr work during water main realignment $ 753.50 4 44 12/5/2014 A -1 Additional time to remove Trees beneath as/Moth-148 and concrete collar /0 North $ 3,525.63 CO 48 46 12/92014A -1 Truck time lor mixed load with Kee debris rejected at dump sile.workpedormed on 12/2 $ 398.78 CO 48 47 12/920140.1 Removal of24' buried tree alMHa8 -k/Na9 $ 2.703.65 CO 08 48 12/1020140 -1 Delays due to woody debris at excavation 10: storm plpe, working to set trench box - $ 3,269.43 - CO 48 49 12/11/2014 A -1 Removal 0124' tree Irom WO ex:ovation $ 2,802.43 CO 08 50 12/12/2014 0 -1 Additional work to remove woody debris from storm run M1e810 44488 $ 134095 CO 88 55 12/22/2014 A -1 Work to remove large rock and tree debds found under fiber dud hank $ 3,677.95 CO 88 A -1 Additional amount due contractor for standby equipment not calc 'edInP882.3121%markup) $ 492.16 6- See FNR 67 82120/4A -1 Silver Streak Trucking for work on this day 1055.88 CO 88 68 8/22/2014 A-1 Silver Streak Trucking for work on this day 526,680088 69 825/2014A -1 Slher Streak Trucking lor work on this day 783.72C0e8 TOTALS S 54,492.31 $ 6,34004 TOTAL FA TOTAL TRUCKING' TOTAL $ IMPACT TOTAL FA_ ' $ _54,492.31 $ 10,000.00 $ 64,492.31 • 110011ing, including disposal tee portions was by negotiation • EXHIBIT A Page 3 of 3 Payment: Items to be included in this price shall be, but shall not necessarily be limited, to all necessary materials, labor, and equipment for the additional handling and disposal of large- diameter subsurface rocks and trees within Schedule A. Existing Bid Item Adjustments Item No. Description Unit Qty. Unit Price Amount Subtotal Existing Items: 50.00 Change Order Items item No. Description Unit Qty. . Unit Price Amount A69 Schedule A Subsurface Large Diameter Rock and Tree Impacts LS 1 S 64.492.31 S 64.492.31 Subtotal Change Order Items: $64,492.31 TOTAL CHANGE ORDER AMOUNT: $64,492.31. Sheet 1 of 1 CITY OF TUKWILA 14- 078(h) Council Approval 6/6/16 CONTRACT CHANGE ORDER NO. 08 DATE: 7/6/15 BUDGET NO.: 412:98.594.382.65.0 PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 ( PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adds a new lump sum bid item to capture the cost of adding additional access to the project's large diameter manholes. 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,. - f I payment th reforle the prices shown above and below. /ii/!1 Contractor _JW FOWLER COMPANY_ Original Contract (without tax) $2,051,720.00 1. Previous Change Order ($117,567.30) V This Change Order (without tax) $6,292.00 /, REV. CONTRACT AMOUNT (w /out tax) $1,940,444.70 Additional Calendar Days due to this change: _0_ ORIGINAL: City Clerk (1 of 2) • Title i/c7) APPROVED BY THE CITY OF TUKWILA City Engineer Contractor (2 of 2) cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file /id a/6 '� S K:1PR0JECTS\TUKWILA \13041 • E Marginal Way Emer SW Rep \CONST 8 COMPLETION - CS1105 Change Mng \105.003 Change Orders1105.3.007 CO 008 MH lids\Field Change Order 08 • EMW Slorm.doc EXHIBIT A Page 1 of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: At the time of bid, the contract called for the Schedule B manhole lids to be accessed through the curb inlets. The Contractor supplied RFI #10 asking for additional information regarding the placement of the access for MH # 3 -7. After review, the City determined that additional access would be required to maintain, clean, and access these large diameter manholes other than shown on the plans and specifications. FWD #3 ordered the purchase and installation of modified lids on MH #4, MH #5, and MH #6. Reason /Justification for Change: The plans and specifications do not provide a mechanism to compensate the contractor for the modification of the Schedule B manhole lids. Description of Change: This change order adds a lump sum price for the modification of the three manhold lids mentioned above (MH #4, MH #5, and MH #6). New Items Added: Add new item: B59 - Additional Manhole Access - Schedule B Add 1 LS Contract Items Added /Deducted: N/A Calendar Days: No calendar days will be added due to this change Deduct 0 EXHIBIT A Page 2 of 2 Measurement: Measurement for New Item #859 will be per LS. All materials shall meet the requirements as specified in the contract plans and specifications. Payment: Items to be included in this price shall be, but shall not necessarily be limited to, all necessary materials, labor, and equipment for the additional materials, handling, and installation due to the additional access as described in FWD #3 and in response to RFI #10. Existing Bid Item Adjustments Item No. Description_ Unit Qty. Unit Price __ Amount Subtotal Existing Items: $0.00 Change Order Items Item No. Description Unit Qty. Unit Price Amount .. B59 Additional Manhole Access LS 1 $ 6,292.00 $ 6,292.00 Subtotal Change Order Items: $6,292.00 TOTAL CHANGE ORDER AMOUNT: $6,292.00 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 07 Sheet 1. of 1- DATE: 7/6/15 BUDGET NO.: 412.98:594.382.65.0 14- 078(g) PROJECT NO.: 91241206 CONTRACT NO.: 14 -078 C5) Council Approval 6/6/16 PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO: James W Fowler Company 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 ". This change adjusts estimated quantities of key work items to match quantities performed. 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 f I payment t erefnre the prices shown above and below. ACCEPTE By 6 Original Contract (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT (w /out tax) $2,051,720.00 $3,867.00 ($121,434.30) $1,934,152.70 Additional Calendar Days due to this change: _0_ ?‘% ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) Contractor __,JW FOWLER COMPANY_ Title YP APPROVED BY THE CITY OF TUKWILA Date By AA Ma or �`- "L-tvi City Engineer cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer; Project file /64-dP a 04/6/M 4-4---S KSPROJECTSITUKWILA113041- E Marginal Way Emer SW Rep1CONST 8 COMPLETION . CS1105 Change Mng1105,003 Change Orders11053.007 CO 007 OuanNies \Field Change Order #7 • EMW Storm (100 EXHIBIT A Page l of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: The project has reached substantial completion and project quantities are largely known. Therefore, it is appropriate to evaluate key project quantities overages and underruns. The purpose of this change order is to analyze and document project quantities overages and underruns. Reason /Justification for Change: At the time of bid, estimates were made for the quantity of work to be performed. This change order revises those estimates with actual amount of work performed on the project. Description of Change: This change order revises the quantities of bid items to reflect the amount of work actually performed on the project. New Items Added: N/A Contract Items Added /Deducted: Decrease Bid Item A20 - Excavation, handling, and disposal of petroleum impacted soil - LOW: Decrease Bid Item A21 - Excavation, handling, and disposal of petroleum impacted soil - HIGH: Decrease Bid Item A22 - Excavation, handling, and disposal of Cement Kiln Dust - Subtitle "D ": Increase Bid Item A44 - Bedrock Excavation, including -haul: Increase Bid Item A47 - Select Trench Backfill: Decrease Bid Item B19 - Cement Concrete Sidewalk: Decrease Bid Item B21 - Excavation, handling, and disposal of petroleum impacted soil -'LOW: Decrease Bid Item B22 - Excavation, handling, and disposal of petroleum impacted soil - HIGH: Decrease Bid Item B23 - Excavation, handling, and disposal of Cement Kiln Dust - Subtitle "D ": Calendar Days: No calendar days will be added due to this change Deduct 1200 Ton Deduct 500 Ton Deduct 300 Ton Add 681.8 CY Add 2935.52 Ton Deduct 2231.29 sy Deduct 100 Ton Deduct 100 Ton Deduct 850 Ton EXHIBIT A Page 2 of 2 Measurement: Measurement for these quantity adjustments is as described below. Payment: Payment for these quantity adjustments are as described below. Existing Bid Item Adjustments Item No. Description Unit Qty. Unit Price Amount A20 Excavation, handling, and disposal of petroleum impacted soil - LOW Ton -1200 $ 55.00 $ (66,000.00) A21 Excavation, handling, and disposal of petroleum impacted soil - HIGH Ton -500 $ 55.00 $ (27,500.00) A22 Excavation, handling, and disposal of Cement Kiln Dust - Subtitle "0" Ton -300 S 55.00 $, (16,500.00) A44 Bedrock Excavation, including haul CY 681.8 $ 80.00 $ 54,544.00 A47 Select Trench Backfill Ton 2935.52 $ 20.00 $ 58,710.40 B19 Cement Concrete Sidewalk sy - 2231.29 $ 30.00 $ (66,938.70) B21 Excavation, handling, and disposal of petroleum impacted soil - LOW Ton -100 $ 55.00 $ (5,500.00) B22 Excavation, handling, and disposal of petroleum impacted soil - HIGH Ton -100 $ 55.00 $ (5,500.00) 823 Excavation, handling, and disposal of Cement Kiln Dust - Subtitle "D" Ton -850 $ 55.00 $ (46,750.00) Subtotal Existing Items: - $121,434.30 TOTAL CHANGE ORDER AMOUNT: - $121,434.30, Sheet 1 of 1 CITY OF TUKWILA X A, CONTRACT CHANGE ORDER NO. 06 191* 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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". This change adds 8.0 calendar days to the above referenced project. 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 Unilateral Change Order By Original Contract (without tax) $2,051,720.00 Previous Change Order $3,867.00/ Contractor —JW FOWLER COMPANY Title APPROVED BY THE CITY OF TUKWILA Dal This Change Order (without tax) $0.00 By REV. CONTRACT AMOUNT (w/out tax) $2,055,587.00 itional Calendar Days due to this change: —8.0— City Clerk (1 of 2) Contractor (2 of 2) �-�" �ll�ir5 e'J" cc: Finance Department (w/encumbrance) Construction Inspector Construction Engineer; Project file KAPROJECTSITIJI(WILAU3041 - E Marginal Way EmerSW Rep%CONST &COMPLETION -=1105 Change Mng1105.003 Change Orders\105.3.007 CO 0061Field Change Order #6 - EMW Storm.doc EXHIBIT A Page 1 of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: The contractor experienced time impacts from performing Force Account work on the Water Main under D1 Minor Change. These time impacts could not have been anticipated by the contractor. The time impacts of this work have been tracked by inspection personnel. Reason /Justification for Change: The current contract has alloted no time for performing this work. Description of Change: This change order revises the last paragraph of page P -1 on the proposal to read, "Bidder shall attain Physical Completion of all Work in all respects within two hundred and eight and one half days (208.5 days)." New Items Added: NA Contract Items Added /Deducted: N/A Calendar Days: Eight (8) calendar days are added to the contract time. EXHIBIT A Page 2 of 2 Measurement: Measurement is per calendar day Payment: No payment will be made as part of this Change Order TIME ANALYSIS CRITICAL REPORTED AFFECTED DELAY PATH DELAY RESTOF TUKWILA DATE DOCUMENTED DELAY SOURCE (FA, IDR, etc) (Y /N) (HR) DAY (Y /N) (HR) Additional pothole to locate WD 125 water main to determine restraint block conflict, 10/5/2014 Sunday Work FA #31 Yes 4 No 4 Additional pothole to locate WD 125 water 10/6/2014 main to determine restraint block conflict FA #32 Yes 6 Yes 8 Install temporary water supply to KC Metro for domestic water duri ng shut down for 10/15/2014 water main realignment FA #34 Yes 2.5 No 2.5 Expose and remove water meter box for 10/16/2014 temp. water feed FA #35 Yes 2 Yes 8 Install temp. domestic water service to KC 10/17/2014 metro facility FA #36 Yes 4 Yes 8 Connect 3" PVC supply at point that water 10/20/2014 meter is removed FA # 37 Yes 5 Yes 8 Install additional 2" air vac piping per Water 10/22/2014 District request FA #38 Yes 5 No 5 TOTAL WORK HOURS; 43.5 TOTAL DELAY WORK DAYS 5.44 TOTAL CALENDAR DAYS OF DELAY 7.62 Sheet I of 1 CITY OF TUKWILA ti CONTRACT CHANGE ORDER NO. 05 riroa 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 A7. This change adds 3.5 calendar days to the above referenced project. 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 z Original Contract (without tax) $2,051,720.00 ✓ Previous Change Order $3,867.00 V1 Contractor —JW FOWLER COMPANY_ Title APPROVED BY THE CITY OF TUKWILA Am This Change Order (without tax) $O.00✓ By REV. CONTRACT AMOUNT (w/out tax) $2,055,587.00 J Additional Calendar Days due to this change: _3.5_ City Clerk (I of 2) cc: Finance Department (w/encumbrance) Contractor (2 of 2) Construction Inspector Construction Engineer; Project file 3/16/15 / jr � cor(-611ver--3 KVIROJECTWWWRA13041 - E Marginal Way ErnerSW Rep\CONST &COMPLETION -CS\105 Change Mngk105.003 Change OrderMil)51007 CO 0051Field Change Order #5 - EMW StDrm.doc EXHIBIT A Page 1 of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: The contractor experienced time impacts from performing Force Account work on the Sanitary Sewer Force Main under C1 Minor Change. These time impacts could not have been anticipated by the contractor. The time impacts of this work have been tracked by inspection personnel. Reason /Justification for Change: The current contract has alloted no time for performing this work. Description of Change: This change order revises the last paragraph of page P -1 on the proposal to read, "Bidder shall attain Physical Completion of all Work in all respects within two hundred and one half days (200.5 days)." New Items Added: NA Contract Items Added /Deducted: NA Calendar Days: 3 and one half calendar days (3.5) are added to the contract time EXHIBIT A Measurement: Measurement is per calendar day Payment: No payment will be made as part of this Change Order TIME ANALYSIS Page 2 of 2 CRITICAL REPORTED AFFECTED DELAY PATH DELAY RESTOF TUKWILA DATE DOCUMENTED DELAY SOURCE (FA, IDR, etc) (Y /N) (HR) DAY (Y /N) (HR) Delay due to Impco Pump Station isolation valve not operable, brick in FM 8/15/2014 casing IDR 8/15/2014, FA #1,2 Yes 9 Yes 9 Valve notfunctioning, additional baker 8/18/2014 tanks needed, brick in FM casing IDR 8/18/2014, FA # 3,4 Yes 8 Yes 8 Delaywhile waiting for Valley View 8/19/2014 Sewer District to isolate work zone IDR 8/19/2014, FA #5 Yes 3 No 3 r TOTAL WORK HOURS 1 20 TOTAL DELAY WORK DAYS] j 2.5 TOTAL CALENDAR DAYS OF DELAY j 3.5 --*%LA. Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 04 190 .110, 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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!". This change adds 7.5 calendar days to the above referenced project. 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 �,Unilateral Change Order Original Contract (without tax) $2,051,720.00,/ Contractor —JW FOWLER COMPANY_ Title APPROVED BY THE CITY OF TUKWILA Previous Change Order $3,867.00/ Da This Change Order (without tax) $O.00V/ By REV. CONTRACT AMOUNT (w/o tax) $2,055,587.00 ✓ Additional Calendar Days due to this change: —7.5— C rr\i eti &.1 u E:eI� ORIGINAL: City Clerk (lof2) cc: Finance Department (w/encumbrance) Contractor (2 of 2) Construction Inspector Construction Engineer; Project file KAPROJECTWLIKINILA113041 -E Marginal Way ErnerSW Rep=NST &COMPLETION - =105 Change MngkI05.003 Change Ordem1105.3.003 C0004\Field Change Order #4 - EMWS1Dnrn.doc EXHIBIT A Page 1 of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: Utility conflicts have been encountered during project construction on Schedule A. At the time of bid, these could not be reasonably anticipated by the contractor. The time impacts of these items have been tracked by inspection personnel. Reason /Justification for Change: The current contract has alloted no time for the discovery, adjustment, or impacts of these utiliites. Description of Change: This change order revises the last paragraph of page P -1 on the proposal to read, " Bidder shall attain Physical Completion of all Work in all respects within one hundred ninety seven days (197 days)." New Items Added: NA Contract Items Added /Deducted: N/A Calendar Days: Seven and one half calendar days (7.5) are added to the contract time. EXHIBIT A Measurement: Measurement is per calendar day Payment: No payment will be made as part of this Change Order. TIME ANALYSIS Page 2 of 2 DATE DOCUMENTED DELAY SOURCE (FA, IDR, etc) CRITICAL PATH (Y /N) REPORTED DELAY (HR) AFFECTED RESTOF DAY (Y /N) DELAY TUKWILA (HR) 10/1/2014 Placement of CDF under CL duct bank FA #30A Yes 1 No 1 10/5/2014 Additional pothole to locate WD 125 water main to determine restraint block conflict, Sunday Work FA #31 Yes 4 No 4 10/6/2014 Additional pothole to locate WD 125 water main to determine restraint block conflict FA #32 Yes 6 Yes 8 11/10/2014 Removal of CDF from fiber conduit FA #42 Yes 2 No 2 11/12/2014 Placement of CDF at fiber conduit FA #43 Yes 0.75 No 0.75 12/9/2014 Removal of large boulder used as utility backfill FA #47A Yes 1 No 1 12/10/2014 Standby while waiting for CenturyLink subcontractor FA #48 A Yes 1 No 1 12/11/2014 Discovery of 4" (6x) conduit duct bank, removal of concrete and empty ducts FA #49A Yes 5 Yes 6 12/12/2014 Chipping to remove cdf at conduits FA #50A Yes 1 No 1 12/18/2014 Build forms for conduit encasement in cdf FA #54 Yes 1.5 No 1.5 12/22/2014 Place cdf at duct bank FA #56A Yes 0.75 No 0.75 12/22/2014 Place cdf at duct bank FA #568 Yes 1.25 No 1.25 12/23/2014 _........_......._... 12/24/2014 12/29/2014 Chipping to remove cdf at conduits not shown on plans, hand digging _..._ ........ ........._..........— ......__._ .._._........._......_................................................._......_._............................._......................._.........._...._............._....................._.........._._....................... Extra work due to utilities not shown Excavate through utilities not shown FA # 57 FA# 58 FA# 60 Yes Yes Yes 6 5 2 Yes �_........_ ._...._......_.._......__....__ No No 8 5 2 TOTAL WORK HOURS 43.25 TOTAL DELAY WORK DAYS 5.41 TOTAL CALENDAR DAYS OF DELAY! 7.57 Sheet 1 of I CITY OF TUKWILA X CONTRACT CHANGE ORDER NO. 03 rsos 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 A7. This change adds 7.5 calendar days to the above referenced project. 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 Undlateral Change Order By Original Contract (without tax) $2,051,720.00 Previous Change Order $3,867.00 ✓ Contractor —JW FOWLER COMPANY Title APPROVED BY THE CITY OF TUKWILA Da- This Change Order (without tax) $0.00 ✓ By REV. CONTRACT AMOUNT (w/o tax) $2,055,587.00 Additional Calendar Days due to this change: —7.5— INAL City Clerk (lof2) cc: Finance Department (w/encumbrance) Contractor (2 of 2) Construction Inspector Construction Engineer; Project file S,� r✓J ,-2, K.-PROJECTS\TUKWILA\13041 - E Marginal Way ErnerSW Rep=NST &COMPLETION - CV05 Change Mng1105.003 Change OrderW05.3.003 CO 003IField Change Order #3 - EMWStorm.doc EXHIBIT A Page 1 of 3 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: Large- diameter rocks and trees have been encountered throughout the trench section in Schedule A. At the time of bid, these rocks and trees could not have been reasonably anticipated by the contractor. The time impacts of these items has been tracked by inspection personnel. Reason /Justification for Change: The current contract has alloted no time for the discovery, removal, or handling of these items. Description of Change: This change order revises the last paragraph of page P -1 on the proposal to read, " Bidder shall attain Physical Completion of all Work in all respects within one hundred eighty nine and one half days (189.5 days)." New Items Added: N/A Contract Items Added /Deducted: NA Calendar Days: Seven and 1/2 (7.5) calendar days are added to the contract time. EXHIBIT A Page 2 of 3 Measurement: Measurement is per calendar day Payment: No payment will be made as part of this Change Order. EXHIBIT TIME ANALYSIS Page 3 of 3 CRITICAL AFFECTED DELAY DELAY PATH REPORTED RESTOF DATE DOCUMENTED DELAY SOURCE (FA, IDR, etc) (Y/N) DELAY (HR) DAY (Y/N) (HR) Time to remove large rock and 30" diameter tree at 8/21/2014 STA 15+50 _____ W........_... ...........___.___..._......... . ........ FA #6 . . ..... . ................... Yes 2.5 . ......... No 2'5 8/22/2014 ...... . . .................... ..... Time to remove a 24" diameter tree at STA 15+45 .............. . ...... . ......................... . . ......... . ........ . ... .. . . . .................. . .......... FA #7 ... . ................ ... Yes . . . . ... . . 2 ................................ . .... No 2 8/25/2014 .............. . .... Time to remove 24" tree at STA 15+30, logs at 15+20 . ........ .......................... . ................ FA #8 ...... .... .. . ..... . ........ Yes .. ................ . ....... 2 ................. No .. . ......... 2 Additional time to remove a 24-30" tree and 1-2 man jl 8/26/2014 rocks from trench at STA 14+80 FA #9 Yes 3 No 3 8/27/2014 Time to remove 15" diameter tree at STA 14+38 FA #10 Yes 4 No 4 Time to remove large stones, debris and logs. 8/28/2014 Additional fill from neat line sloughing. FA #12 Yes 3.5 No 3.5 Time to remove trees and rocks for MH #12 at STA 8/29/2014 13+55 FA #14 Yes 3 No 3 9/2/2014 Time to remove woody debris, 18" log and large rock FA #16 Yes 2.5 No 9/3/2014 Time to remove tree debris, 15" log, and large rock— FA #18 Yes 3 No 3 Time to remove large stones from pipe trench and 9/5/2014 relocate to Parks site FA #20 Yes 1.5 No 1.5 Time to remove large rock from pipe trench and 9/8/2014 relocate to Parks site FA #22 Yes 1 No 1 12/5/2014 Removal of Trees from beneath MH#8 FA #44 Yes 3 No 3 Removal of 24" tree beneath MH#8-MH#9 storm pipe 12/9/2014 run FA # 47 Yes 2 No 2 1 12/9/2014 Removal of large boulder used as utility backfill FA #47A Yes 1 No I Delays due to woody debris at storm pipe excavation 12/10/2014 MH#8 to MH#9 FA #48 Yes 3 No 3 Removal of 24" tree beneath MH#8-MH#9 storm pipe 12/11/2014 run FA #49 Yes 2 No 2 12/12/2014 Removal of woody debris MH#8 to MH#9 FA #50 Yes 1 No 1 Work to remove large trees and rock under fiber duct 12/22/2014 bank FA #55 Yes 3 No 3 TOTAL WORK HOURS 1 43 TOTAL DELAY WORK DAYS; 5.38 TOTAL CALENDAR DAYS OF DELAYS 7.53 Sheet 1 of I CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 02 1906 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; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. 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 A7. This change adds 7 calendar days to the above referenced project. 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 Unilateral Change Order Contractor —JW FOWLER COMPANY_ Title Original Contract (without tax) $2,051,720.00 ✓ APPROVED BY THE CITY OF TUKWILA Contractor (2 of 2) Construction Inspector Construction Engineer, Project file KAPROJECTSULIKWILAU3041 - E Marginal Way ErnerSW Rep\CONST &COMPLETION -CSkl05 Change Mng1105.003 Change Orders1105.3.002 COOOZF!eld Change Order #2 -EMW son.doc EXHIBIT A Page 1 of 3 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: Approximately 730 CY of bedrock were excavated in Schedule A. This amount far exceeds the 50 CY estimated in the bid proposal. The greater volume of bedrock excavation could not have been known at the time of bid. Reason /Justification for Change: The greater volume of bedrock excavation could not have been known at the time of bid. The greater volume of bedrock excavation has slowed the contractor's completion of critical path activities. This Change Order compensates the Contractor for the time lost due to the slower production through the bedrock material. Description of Change: This change order revises the last paragraph of page P -1 on the proposal to read, " Bidder shall attain Physical Completion of all Work in all respects within one hundred eighty two days (182 days). " New Items Added: NA Contract Items Added /Deducted: NA Calendar Days: Seven (7) days are added to the contract time. EXHIBIT A Page 2 of 3 Measurement: Measurement is per calendar day Payment: Payment for all bedrock quantity was made under Bid Item A44 "Bedrock Excavation Including Haul ", no additional payment will be made as part of this Change Order. TIME ANALYSIS TOTALS 285 74_ (Total Trench Ex LF) (Total Work Hours) i v Y .o d C O O u w O Date Notes u� OtherWork C C x o \ 0 _ "vein rock at STA 11 +55 ", bedrock rises 9/25/2014 to 6 thick at fiber bank crossing at 11 +25 20 Support fiber bundle, excavate around 71 22.86 Excavate for MH #10, "working through approximately 6 feet of bedrock to get 9/29/2014 to pipe IE depth" 20 none 8 20 9/30/2014 finalize MH excavation Set MH #10 6 none 8 6 "Top approximately 4.5 feet is standard 10/1/2014 roadway excavation" 26 PourCDF atfiber, pothole forwatermain 7 29.71 10/2/2014 Bedrock excavation performed 40 none 8 40 TSW "Bedrock is present in trench at 10/3/2014 about 9 feet below grade" 40 none 8 40 From STA 10+00 towards MH #9, "Hard rock showing approximately 8feet 10/8/2014 deep" 40 none 8 40 "Large Rocks and dirt in upper ten feet ", "Kevin is in rock approximately 9 feet deep on East side of trench ", drawings show 3.5 feet rock thickness, "STA 9 +19 10/9/2014 to STA 9 +59 excavated" 40 none 81 40 10/10/2014 Storm Pipe installed to apex STA 9+03 20 PC 300 down for 4 hours 4 40 Photos show bedrock about 10 feet TVing and compaction testing, 5 hours 11/20/2014 down from grade 20 work on trench excavation 5 32 wide at front and full trench width in Bedrock excavation and mainline 11/71/7014 hack." 13 excavationfor3hours 3 34.67 TOTALS 285 74_ (Total Trench Ex LF) (Total Work Hours) EXHIBIT A Page, 3 ()f 3 j �STA 11 +55 to STA 8 +70 = 285 LF of Bedrock Excavation MME ASURED Total work hours 8 hours per day 9.25 i work days Days Required for 285 LF of Normal Trench t Excavation with Various Production Rates Rate _ of Trench Exc. Days 100 2.85 90 3.17 80 3.56 70 4.07 65 4.38 Rate Based on Submittal 14: Baseline Schedule 50 5.7 40 7.13 30.811 9.25 measured as shown own above i MEASURED TIME - SCHEDULE TIME = DELAY ;9.25 workdays - 4.38 workdays = 4.87 workdays of delay (38.96 Hours of Bedrock delay) TOTAL WORK DAYS DELAY:': 4.87; TOTAL CALENDAR DAY DELAY: 6.82` 14-078(a) Council Approval N/A Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 01 DATE: 9-16-14 BUDGET NO.: 412.98.594.382.65.0 PROJECT NO 91241206 CONTRACT NO 14-078 (0„ PROJECT NAME: East Marginal Way South Storm Pipe Replacement TO James W Fowler Company 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; and C. chengc cwc weivcd. D. The Contractor Must Submit all Field erhead and Home Office Overhead rates for approval in advance of all Change ers. CHANGE: See Attached "Exhibit A". This change adds quarry spalls and gravel bedding material to the contract. These materials will allow for superior pipe zone support. This change order deletes quantities from several existing bid items and adds several new bid items. Field conditions cannot be known and therefor these quantities have been estimated using boring log information and pothole data. An estimated $3,867 has been added to the contract due to this change. No time has been added due to this change. 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. — Sr ACCEPTED: Date By Original Contract (without tax) $2,051,720.00 Previous Change Order Contractor JW FOWLER COMPANY_ Title P,‘.›.sce_T APPROVED BY THE CITY OF TUKWILA $0.00 Date This Change Order (without tax) $3,867.00 By REV. CONTRACT AMOUNT $2,055,587.00 Additional Calendar Days due to this change: _0_ 1 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance) Construction Inspector Construction Engineer; Project file KAPROJECTS TUKWILA \13041 E Marginal Way Emer SW Rep \CONST & COMPLETION - CVO& Change Mng1105.003 Change Orders‘105.3.001 CO 001 Field Change Order #1 - EMW Storrn.doc C /6/414-6-C EXHIBIT A Page 1 of 2 You are ordered m perform the following described work upon receipt ofvnapproved copy Yythe change order: Background: Per the typical trench section detailed on sheet 4 of the contract plans, an 18-inch gravel backfill foundation section is to be placed beneath the pipe zone bedding of all storm pipe greater than 30-inches to achieve a storm drain foundation, Through discussions with the contractor, it was determined that the placement of quarry spall material as a foundation material would offer superior foundation support. Additional bedding material is required to smooth the area between the quarry spall material and the geotextile fabric. Reason/Justification for Change: The modification of the typical trench section from an 18-inch depth of gravel backfill material to a field directed depth ofquarry spalls will provide a superior storm dram foundation. Description of Change: This change order modifies the typical trench sections shown on pages 4 and 5 of the contract plans by deleting the storm drainfoundadunshmwnandep|adnait with the attached "quarry spall trench section". The existing trench section materials will be reduced to match expected values and provide maximum flexibility. New Items Added: Add new item: A67 quarry spall for foundation Add new item: B57 quarry spall for foundation Add new tem: A68 bedding material for foundation Add new item: B58 bedding material forfoundation Add Jl5TN Add 145TN Add 50 CY Add 25 CY Contract Items Added/Deducted: Decrease Bid Item A46 gravel backfiU for foundation: Deduct 300 CY Decrease Bid Item B41 gravcel backfill for foundation: Deduct 200 CY Decrease Bid Item - constructionweotoxti|eforseparation: Deduct 950 SY Decrease Bid Item( B26 construction geotextile for separation: Deduct 500 SY 24P Calendar Days Zero (0) additional calendar days are added to the contract time. EXHIBIT A Page 2 of 2 Measurement: Measurement for New Item #A6 will be per TN. Measurement for New Itern #B57 wilI be per TN. Measurement for New Item #A68 will be per CY. Measurement for New Item #B58 will be per CY. Payment: Items to be included in this price, but not necessarily limited to all necessary materials, labor, and equipment for structure excavation incl. haul and placement of quarry spalls to a depth determined by the engineer beneath pipes and catch basins for storm mains 30-inch and larger. — 45c, C_. SUMMARY OF QUANTITIES Existing Bid Item Adjustments Item No. Description Unit ctv Unit Price Amount A46 gravel backfill for foundation CY -300 85o0 $ (25'500.00) B41 gravcc|backfiU for foundation CY '200 $ 85.00 $ (17'000u0) �a'r PC3.004f9— construction geotextile for separation SY '950 1.00 $ (950.00) B26 construction geotextile for separation SY -500 g 1.00 $ (500.00) Subtotal Existing Items: -$oa'es000 Change Order Items Item No. Description Unit Qty. Unit Price Amount A67 quarry spaU for foundation TN 420 $ 61z1 25,666.20 e57 quarry spall for foundation TN 280 $ 61.11 $ 17'110.80 A68 bedding material for foundation CY 50 g 6720 3,360.00 aso bedding materisi for foundation CY 25 $ arzo $ z'snn.mn Subtotal Change Order Items: $47817.00 TOTAL CHANGE ORDER AMOUNT: City of Tukwila East Marginal Way South Storm Pipe Replacement Project —Project No 91241206 Contract Change Order No 1 —Exhibit B The payment for this change order includes providing quarry spalls and bedding material for foundation in lieu of gravel backfill for foundation. The payment specifically does not include extra excavation or haul of 4 material caused by sloughing, or additional 4 costs associated with knir disposing wet and/or unsuitable material. We reserve our rights to/4 "s• AT AO ALT 0,Ap, collect for these extra costs when the full extent on these impacts are known. C-1 AGREEMENT FORM 14-078 CONTRACT NO, Council Approval 6/2/14 THIS AGREEMENT is made and entered into on t s9Jay .of VA/Q... 20) Lit by and between the City of Tukwila, Washington ("Owner") and ("Contractor"), Now, therefore the parties agree as follows: 1. Project Contractor shall cornplete all work and furnish all labor, tools, materials, and equipment for the project entitled East Marginal Way $ Storm Pipe Replacement Project No 91241206, 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 attorney'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 tw which shall for all purposes be deemed an original. CITY OF TUKWILA, WASHINGTON {Owner) By: City Clerk Approved as to Form: a-e61( City .Attorney Address for giving notices: d-00 30dptcfBfd raotor By: z7L Title: 1(7?- erparts, by the parties, each of Attest: This 5-14.-a-ay , 2011+ Contractor's License No. Pt An ES■Alf- o 1,12- Address for giving notices: 12-77S- kitiLezthAej-b;ivc--- .4-DApLs DP .c7-1.2) / f '767/2//9-Ls Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxvvacom - Always Verify Scale C -2 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. 023028564 We, James W. Fowler Co. , and Liberty Mutual Insurance Company (Principal) (Surety) a Massachusetts 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 Two Million Fifty Eight Thousand Seven Hundred Eighty Two and 30/1 Ooths — — — Dollars ($2,058,782.30 ), 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 ' ua� , 201 -k,, between Principal and Owner for a project entitled East Marginal Way Storm Pipe Replacement, Contract No.14- OW ( "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 full force and effect at 10% of the total bid price for one (1) year after Final Completion of the Contract, to insure against all defects and corrections needed in the material provided or workmanship performed. 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 %). Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale C -3 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 A172-- day of AXV , 2O . Liberty Mutual Insurance Company Principal „ Surety Signature of Authorized Official Signature of Authorized Official Title Name and address of local office of agent and /or Surety Company: By Susan B. Larson Attorney in Fact (Attach Power of Attorney) Parker, Smith & Feek, Inc. 2233 112th Ave NE Bellevue, WA 98004 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. Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. . This Power of Attorney limits the acts of those named herein, and they have no authority to bind. the Company except in the manner and to the extent herein stated. _. - ._ Certificate No. 6523950 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY - KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of -the State of New Hampshire, that Liberty Mutual Insurance. Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a c orporationduly organized under the laws.of the State-of Indiana (herein collectively called the "Companies :), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, - Deanna M. French; Elizabeth R. Hahn; Ellen Be11; Jana M.'Rov; Jill A. Boyle; "Jim Hamlin; John Claeys; Mindee L. Rankin; Roger Kaltenbach; Ronald J. Lange; "Scott Fisher; Scott McGilvray; Stuart A. O'Farrell; Susan 8. Larson ". -all of the city of Bellevue - state of WA - each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver; for and on its behalf. as surety and as its aet and deed: any and all undertakings, bands, recognizances avid other surety obligations, in pursuance of these presents• and shall - e as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Co mpanies in their own proper persons. _ s r `IN- WITNESS WHEREOF, this Power ofAttomey.has been subscribed by an authorized officer orofficial of the Companies and the corporate seals of the Companies have been affixed thereto this "10th .day of April 2014 _ -- ~ -- . American Fire and Casualty Company - The Ohio Casualty Insurance Company - Liberty Mutual Insurance Company - West American Insurance Company STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this loth day of April _2014 before me personally appeared David M :'Carey, who acknowledged himself to be the Assistant. Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do; execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, 1 have hereunto subscnbed°r rnamg,and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. - - By: - David M. Care Assistant Secretary Teresa Pastella , Notary Public -This Power of Attorney is made and executed pursuantto arid y athonty of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company which resolutions are now in full force and effect reading as follows: - ARTICLE IV - OFFICERS Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge- and "deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Such attomeys- in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation': When so_ executed, Such instruments shall be as binding as if signed by the President and attested to bythe Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, I and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to act in behalf of the Company to make, execute, seal, _acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their; respective of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company._' When so_ executed such instruments shall be as- binding as if signed bythe president and attested by the secretary . Certificate of Designation - The President of the eCompany acting pursuant to the Bylaws of the Company, aiithonzes David. M. Carey, Assistant. Secretary to appoint such attorneys -in- fact as. may be necessary to act on behalf of the Company 10 make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds;: recognizances and other surety :Authorization - By unanimous consent of thiCompanys Board of Directors; the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with - the same force and effect as though manually affixed . . _ , - 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty= Company, The Ohio Casualty Insnrance Company, Liberty Mutual lnsuranceConpany, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said - Companies ,is in full force and effect and has not been revoked µ . y - I IN- TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies ` - day of ` 1 IJAk - - By: - Gregory W Davenport, Assistant Secretary KNOW ALL MEN BY THESE PRESENTS, that James W. Fowler Co. RETAINAGE BOND Bond No. 023028584 as Principal authorized to do business in the State of Washington and Liberty Mutual Insurance Company as Surety, a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact - business in the state•of Washington, as, Surety, are jointly and severalty held.. and bound unto City of Tukwila as Obligee in the penal sum of One Hundred Two Thousand Nine Hundred Thirty -Nine & 12/100 Dollars ($ 102,939.12 ), which is 5% of the Principal's bid. WHEREAS, on the a5 day of ere_, ,% /L the said Principal, herein, executed a contract with the Obligee, r East Marginal Way S Storm Pipe Replacement, Project No. 91241206 WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this 13th day of June , 20 14 . Liberty Mutual Insurance Company Sur ty Jill . Boyle, Attorney -in -Fact Parker, Smith & Feek, Inc. 2233 112th Ave NE, Bellevue, WA 98004 Trc5 Name and Address of Local Agent Principal THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty- Insurance Company West American Insurance Company POWER OF ATTORNEY 6523779 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire; that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts; and West American Insurance Company is a corporation duly organized under the of the State of Indiana (herein collectively called the "Companies "); pursuant to and by authority herein set forth, does hereby name; constitute and appoint, Deanna M. French; Elizabeth R. Hahn; Ellen Bell; Jana M Rov ;Jill A. Boyle; Jim Hamlin; John ClaevS Mindee L. Rankin; Roger Kaltenbach Ronald-J: Lange; Scott Fisher ;-Scott McGilvray; Stuart. A: O`Farrett;:-Susan B Larson . • all of the city of Bellevue - , state of WA - each individually if there be more than one named, its true and lawful attome y 9 in -fact to make, execute, seal, acknowledge ... "and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings; bonds; recognizances and other surety obligations; in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed. thereto this 10th day of April ` . , 2014 American Tire and Casualty Company The. Ohio Casualty. Insurance Company Liberty Mutual Insurance Company West American Insurance Company STATEOF PENNSYLVANIA COUNTY OF MONTGOMERY on this 1 Oth : day of: -April . 2014" - before .me' personally appeared David M.-Carey, who acknowledged himself to be the Assistant Secretary of Amencan Fire and Casualty Company, Liberty Mutual insurance Company The Ohio Casualty Insurance Company,. and West American Insurance Company, and that he as-such being authorized so to do: execute :the foregoing instrument for the: purposes therein contained by signing on-behalf of the corporations by himself as a duty authorized officer. . IN WITNESS-WHEREOF,, I have hereunto subscr�,beth rname and affixed my notarial seal at Plymouth Meeting Pennsylvania on the day and year first above written: -. - i '::.,:` - :-7... =, z '1ii 3 PP... acs, -Vf„ ;' . €A - Teresa:Pastella Notary.Pubhc This Power ofAttomey is made and executed-pucs>4n1 to and' authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company; The Ohio _Casualty Insurance Company Liberty Mutual Insurance Company and:;W st A acan Insurance Company which resolutions are now in full force and effect reading as follows::, ARTICLE IV= OFFICERS - Section 12 Power ofAttomey. Any officer or other official of the Corporation. authonzed for that purpose in writing by -the Chairman or the President, and subject to •such limitation: as the Chairman or the President May .prescnbe, shall appoint such attorneys -in -fact; as may be necessary to actin behalf-of the Corporation to make execute, seal, acknowledge: and deliver as surety any all undertakings; bonds, recognizances and other surety obligations. Such attorneys in-fact; subject to the limitations set forth in their respective. powers: of attomey, shall have full power to bind :the Corporation by their signature and execution of any-such instruments and to afteCh thereto the seal of the Corporation. When so executed _ such instruments shall be as binding as if signed by the President and attested to by the. Secretary. Any power or authority granted to any representative or attomey in =fact under the provisions of this article maybe revoked at any time by the Board, the.Chairman, the President or by the officer or officers granting -such power or authority , ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president; and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,: execute; seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances. and other surety obligations._ Such attorneys -in -fact subject to the limitations set forth in their respective.powers of attomey, shall have full power to bind the e - Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in- fact as niay be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature-of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with • the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and - West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this S4 day of L- CkAL --Q--' , 20 LMS 12873_122013 By: • Gregory W Davenport, Assistant Secretary 33 of 350 ACORO® CERTIFICATE OF LIABILITY INSURANCE 41.....---- DATE(MM/DDIYYYY) 06/05/2014 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 Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: PHONE 425 - 709 -3600 FAX 425 709 7460 #): (A/C, No E -MA Lo, E ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Zurich American Insurance Co. LIABILITY COMMERCIAL GENERAL LIABILITY INSURED James W. Fowler Co. 12775 Westview Drive Dallas, OR 97338 INSURER B: National Union Fire Insurance Co. of CP0286250311 INSURER C : Aspen Specialty Insurance Company 11/1/2014 INSURER D : $ 1,000,000 INSURER E : $ 300 000 INSURER F : $ 10,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR W VD POLICY NUMBER POLICY EFF JMM /DD/YYYYJ POLICY EXP ,MM /DD/YYYYL LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X CP0286250311 11/1/2013 11/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300 000 MED EXP (Any one person) $ 10,000 X I CLAIMS -MADE LX I OCCUR PERSONAL & ADV INJURY $ 1,000,000 _ GEN'L GENERAL AGGREGATE $ 2,000,000 AGGREGATE POLICY LIMIT APPLIES X jF Q PER: X LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS X CP0286250311 11/1/2013 11/1/2014 (CE °a acoideDiSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE X BE025083460 11/1/2013 11/1/2014 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Professional /Pollution ERAAQ5M13 11/1/2013 11/1/2014 $5,000,000 Professional Services or Pollution Condition /$10,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: East Marginal Way South Storm Pipe Replacement - Project No. 91241206. City of Tukwila, its officers, elected officials, employees, agents, Engineering Consultants, Construction Management Consultants and Volunteers are included as additional insured per attached endorsements CA 00 01 03 10 (Auto), U -GL- 1175-E CW 4 -12 (GL), 86395 08 04 (Excess). CERTIFICATE HOLDER CANCELLATION City of Tukwila 6200 Southcenter Boulevard 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 7 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JAMEFOWL (DMS00) 19 Mobile Equip- ment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insur- ance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto ". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. Page 2 of 12 SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos ". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds ": a. You for any covered "auto ". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. © Insurance Services Office, Inc., 2009 CA 00 01 03 10 2 of 7 JAMEFOWL (DMS00) (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured ": (3) (5) (1) (2) (3) All expenses we incur. Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. All court costs taxed against the "in- sured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the "in- sured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. (5) These payments will not reduce the Limit of Insurance. b. Out-of -state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 3of12 3 of 7 JAMEFOWL (DMS00) f Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the insured's" estate will not relieve us of any obligations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other In- sured ", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto "; c. Your interest in the covered "auto " ; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage foram to provide coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. 4. No Benefit To Bailee -- Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property fora fee regardless of any other pro - vision of this coverage form. 5. Other Insurance a. For any covered "auto" you awn, this cov- erage form provide, primary insurance. For any covered "auto" you don't own, the in surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the Valle' is :. (1) Excess while it is connected to a motor vehicle you do not own. (2) Prirrrary while it is connected to a cove- ered "auto" you own b. For Hired Auto Physical Damage Coverage,. any covered "auto" you lease, hire, rent or borrow is deemed to be . a covered "auto" you own. However. any "auto" that is leased, hired; rented or borrowed with a driver is not a covered "auto'; Regardless of the provisions of Paragraph a. above, this coverage form's 'ability Coverage is primary for any liability as- sumed under an 'insured contract ". CA 00 01 0310 u %Ahem this coverage form and any ether coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the sarne basis, 6. Premium Audit a. The estimated premium for this .coverage form is based on the exposures you told us you would have when this policy began. We will compute .the final premium due when we determine your actual exposures,. The estimated total premium will be credited against the final premium due and the first Named insured will be billed for the bat- if any. The due date for the final pre- or retrospective premium is the date as the due date on the bill. if the es- total premium exceeds the final premium due, the first Named insured will get a refund. b. if this policy is issued for more than one year. the premium for this coverage form! will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7, Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and losses' occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory_ The coverage territory is: (1) `ihe United States of (2) The territories and possessions ot'the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world it: (a) A covered "auto" of the private passen- ger type Is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The insured's" responsibility to pay damages is determined in a "suit-" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto. Rico or Canada or in a settlement we agree to. lees Office, Page 9 of 12 CI Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Retum Prem. CP0286250311 11/01/2013 11/01/2014 11/01/2013 73791000 Incl. N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: James W. Fowler Co. Address (including ZIP Code): PO Box 489, Dallas, OR 97338 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products- completed operations hazard ", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U -GL- 1175 -E CW (04/12) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5 of 7 JAMEFOWL (Dh1S00) E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non - contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence ", offense, claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL- 1175 -E CW (04/12) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6 of 7 JAMEFOWL (DMS00) ENDORSEMENT No. TBD This endorsement, effective 12:01 AM: 11/01/2013 Forms a part of policy no: 8E025083460 Issued to: James W. Fowler Co. By: National Union Fire Insurance Company of Pittsburgh, PA Commercial Umbrella Liability Policy with CrisisResponse' Additional Insured Endorsement -- Primary and Non - Contributory This policy is amended as follows: Section VII. DEFINITIONS, Paragraph M. is amended to include the following additional provision: Insured means: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy, but only if such person or organization is included under the coverage provided by Scheduled Underlying Insurance. Such person or organization is an additional insured only with respect to liability arising out of Your Work at the location designated. This provision does not apply to liability arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. Coverage afforded to these additional insured parties will be primary to, and non - contributory with, any other insurance available to that person or organization. All other terms, definitions, conditions, and exclusions of this policy remain unchanged. Authorized Representative or Countersignature (Where Applicable) 86395 (8/04) AH 1406 ACGRD® �, CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) _6/4/2014 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 Woodruff Sawyer Oregon, Inc. 1001 SW 5th Avenue, Suite 1000 Portland OR 97204 CONTACT NAME: Kimberly Schleiger (A/ /C, No, Ext):503 -416 -7180 FAX No):503- 243 1815 E-MAIL ss:kschlei eranwsandco.com 9 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :SAI F Corporation 36196 INSURED JAMEWFO -01 James W Fowler Co. 12775 Westview Drive Dallas OR 97338 INSURER B : INSURERC: INSURER D : $ INSURER E : $ INSURER F : COVERAGES CERTIFICATE NUMBER: 855603072 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF -(MM /DD/YYYYUMM/DDIYYYYL POLICY EXP LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ PRMMGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS — SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 812482 10/1/2013 10/1/2014 X TORY LIMITS OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Operations of the Named Insured subject to the terms, conditions and exclusions of the policy issued by the Insurance Company. East Marginal Way South Storm Pipe Replacement Project 91241206 CERTIFICATE HOLDER CANCELLATION City of Tukwila Department of Public Works 6300 Southcenter Blvd. #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 s 1 9! ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P -1 PROPOSAL Contractor's Name James W. Fowler Co. Contractor's State License No. JAMESWF101JZ City of Tukwila Project No. 91241206 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 East Marginal Way S Storm Pipe Replacement which includes drainage improvements, including but not limited to: Base Bid Schedule A Construction of approximately 1000 linear feet of 42" storm drainage improvements within the Right -Of -Way of East Marginal Way South and adjacent City owned easement, including but not limited to: storm drain pipe, storm drain structures, inlet structures, debris barriers, dewatering of groundwater, contaminated soil excavation and disposal, treatment and discharge of contaminated groundwater, curbs, sidewalk, driveways, HMA pavement restoration, traffic signal modifications, traffic control and detours, and property restoration. Additive Bid Schedule B Construction of approximately 600 linear feet of 42" storm drainage improvements within the Right -Of -Way of East Marginal Way South and adjacent City owned easement, including but not limited to: storm drain pipe, storm drain structures, dewatering of groundwater, contaminated soil excavation and disposal, treatment and discharge of contaminated groundwater, curbs, sidewalk, driveways, ADA pedestrian ramps, HMA pavement restoration, traffic control and detours, and property restoration. Additive Bid Schedule C Removal and relocation of existing water main that is in conflict with the storm sewer mainline. Additive Bid Schedule D Removal and relocation of existing sewer force main that is in conflict with the storm sewer mainline. and other work necessary to complete the Work as described in the Contract Documents; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one) ❑ bid bond or ❑ cash, ❑ cashier's check, ❑ certified check, or ❑ postal money order made 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 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Proposal P-2 within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects for Base Bid Schedule A within one hundred twenty [120] calendar days from the date stated in the written Notice to Proceed for Base Bid Schedule A. If the Work for Additive Bid Schedule B is awarded, Bidder shall attain Physical Completion of all Work in all respects for Additive Bid Schedule B within an additional fifty five [55] calendar days. If the Work for Additive Bid Schedule C and Additive Bid Schedule D is awarded, Bidder shall attain Physical Completion of all Work in all respects within the calendar days allowed for Base Bid Schedule A. No additional calendar days will be granted if Additive Bid Schedule C and /or Additive Bid Schedule D are awarded. 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. Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale