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HomeMy WebLinkAbout15-121 - Miles Resources LLC - 2015 Overlay & Repair ProgramSheet 1 of 2 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 03 DATE: 12/09/15 BUDGET NO.: PROJECT NO.: 91510401 CONTRACT NO.: 15 -121 (C--) PROJECT NAME: 2015 Tukwila Overlay & Repair Project TO: Miles Resources LLC You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEP�EQ Date a//0//5 Contractor a l/ � RC$f�t[/ y LL( By Original Contract (without tax) Previous Change Order(s) This Change Order (without tax) REV. CONTRACT AMOUNT Title T ro.l erd- ✓lr r- $1,344,811.00✓ $ 49,714.50 / Date $ 0.00 / By $ 1,394,525.50 APPROVED BY THE CITY OF TUKWILA Original Contract Time: 60 calendar days 624/b City Engineer Additional Contract Time for this Change Order: 25 calendar days Updated Contract Time: 85 calendar days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w /encumbrance) Project Management File ,2-. 0x/G /Ar-S EXHIBIT A Page 2 of 2 You are ordered to perform the following described work upon receipt of an approved copy of the change order: Background: The original contract provided 60 calendar days to reach Physical Completion. Due to the addition of additive Schedule C, increased force account work, subcontrator poor performance, and the added restriction of no work allowed on Southcenter Blvd after 11am, the Work could not be completed in the allotted time. Reason /Justification for Change: The additional work and time restrictions entitle the Contractor to an additional calendar days to complete the work. Description of Change: Page 1 -1 Call for Bids: DELETE and REVISE the third paragraph to the following: The work to be performed within 85 calendar days from the date of Notice to Proceed consists of furnishing all materials, equipment, tools, labor, and other work or items incidental thereto for: New Items Added: N/A Contract Items Added /Deducted: N/A Calendar Days: 25 additional calendar days are applied to this change order Measurement: N/A Payment: N/A This is a no -cost Change Order. 15-121(b) Original Contract with ,Contingency Approval 6122115 Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 02 DATE: 09/21/15 BUDGET NO.: PROJECT NO.: 91510401 CONTRACT NO.: 15 -121 (b) PROJECT NAME: 2015 Tukwila Overlay & Repair Project TO: Miles Resources LLC You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCE :Y.. Date •x? t 5 Contractor �1 1.6 �C�.S� CPS �.-� L By _ Title q j ct 4/buiA - Original Contract (without tax) $1,344,811.00 Previous Change Order $ 0.00 ' Date This Change Order (without tax) $ 49,714.50 / By REV. CONTRACT AMOUNT $1,394,525.50 ✓ APPROVED BY THE CITY OF TUKWILA ayor Original Contract Time: 60 calendar days City Engineer 042. 1 4)\( Additional Contract Time for this Change Order: 0 calendar days Updated Contract Time: 60 calendar days ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File Sd4O, a 6. (6 /4U)--6S 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 contract plans required the Contractor to remove the existing extruded curb and install extruded cement curb, type 6 on S 124th Street. The City of Tukwila decided to change from extruded curb to alternative median curb. Request for Proposal #001 was sent to the Contractor Miles Resources LLC requesting a price and time impact analysis for this change. The Contractor's cost and time extension were accepted by the City and are incorporated into this Change Order. Reason /Justification for Change: 5 124th Street has heavy truck volumes with a history of trucks damaging the extruded curb. About half of the extruded curb was embedded to give it extra strength. The alternative median curb will provide a stronger curb to withstand the impact from trucks. Description of Change: The Contractor shall construct alternative median curb in place of extruded curb on S 124th Street. The alternative median curb shall be per the attached ALTERNATIVE MEDIAN CURB detail. The 2 site restriction stated in SP 1- 08.3(1) is not applied to this work. New Items Added: Add new item: A100 - Alternative Median Curb Add 690 LF Contract Items Added /Deducted: Decrease Bid Item A23 - Extruded Curb: Deduct 690 LF Calendar Days: No additional calendar days are applied to this change order EXHIBIT A Page 2 of 2 Measurement: Measurement for New Item #A100 will be per LF: Payment: Bid Item A100 Alternative Median Curb will be paid at $79.05/LF. SUMMARY OF QUANTITIES Existing Bid Item Adjustments Item No. Description Unit Qty. Unit Price Amount A23 Extruded Curb LF -690 $ 7.00 $ (4,830.00) Subtotal Existing Items: - $4,830.00 Change Order Items Item No. Description Unit Qty. Unit Price Amount A100 Alternative Median Curb LF 690 $ 79.05 $ 54,544.50 Subtotal Change Order Items: $54,544.50 TOTAL CHANGE ORDER AMOUNT: ( $49,714.50 I2oMD 1 vE 3 REBAR PIN, 14.5 -, 11'6 °o:c. �PoX� PER RAF-14006 Z �'o�a2L.4q MIN r DIA HOLE, FILL VOIDS W/ EPDXY GROUT IiJ. ( -Kc.m. e 1'R. T YP atee . 8 2° OVER: LAY "16 5,74;77 Lon1(J4 TE (,LASS 3o00 EXISTING PAVEMENT NOTE: FULL DEPTH EXPANSION JOINTS SHALL BE CONSTRUCTED EVERY 15' AND SCORE JOINTS SHALL BE CONSTRUCTED AT A MAXIMUM DISTANCE OF 5 FEET FROM EACH FULL DEPTH EXPANSION JOINT TIB PH 2&3 ALTERNATIVE MEDIAN CURB NTS 4-22-ff Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 01 DATE: 08/24/15 BUDGET NO.: PROJECT NO.: 91510401 CONTRACT NO.: 15 -121 (0 PROJECT NAME: 2015 Tukwila Overlay & Repair Project TO: Miles Resources LLC You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEPTED: Date ghSti By C Original Contract (without tax) Previous Change Order $ N/A This Change Order (without tax) $0.00 By REV. CONTRACT AMOUNT $1,344,811.00 Contractor (14114.5 R€satereS Title Y Je cf •f- $1,344,811.00 APPROVED BY THE CITY OF TUKWILA Date Original Contract Time: 60 calendar days Additional Contract Time for this Change Order: 0 calendar days Updated Contract Time: 60 calendar days yor City Engineer f ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc:Finance Department (w /encumbrance) Project Management File 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: For the Contractor's convenience, the City has allowed the use of vibratory pavement rollers for use at the Boeing Access Road site. At the time of bid, no such vibratory rollers were permitted. Reason /Justification for Change: There was no special provision allowing for use of vibratory Pneumatic Rollers. Description of Change: This change order replaces the last sentence of the third paragraph of Section 5- 04.3(10)A of the 2014 Standard Specifications as follows: Pneumatic rollers will be allowed for all bridges with a total of 125 feet or more and may use vibratory mode. New Items Added: N/A Contract Items Added /Deducted: N/A Calendar Days: Zero (0) additional calendar days are added to the contract time. EXHIBIT A Page 2 of 2 Measurement: N/A Payment: N/A This is a No Cost change order. SUMMARY OF QUANTITIES 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 $ $ - - Subtotal Change Order Items: $0.00 TOTAL CHANGE ORDER AMOUNT: 1 $0.00 C-1 AGREEMENT FORM 15-121 CONTRACT NO. Council Approval 6/22/15 THIS AGREEMENT is made and entered into on this day of , 2015, by and between the City of Tukwila, Washington ("Owner") and _Miles Resources, LLC ("Contractor"). Now, therefore the parties agree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled 2015 OVERLAY PROGRAM, Project No. 91510401, 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 two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. CITY OF TUKWILA, WAS INGTON Miles Resources IC (Owner) ill (Contr. : ) I By: tie Ai' Agri . `r„-- BY: A / May. / Title: d e fret' Thomas , Vice President Attest: Attest: This —day of , 2015 This 19 tb day of June 2015 tl--, at:/9 iC, MILESRL897RK L.-A-•. City Approved as to Form: Contractor's License No. MILESRL897RK City Attorney Address for giving notices: Address for giving notices: 306 53O L AAie/ 81 JJ S7 /(KJ 400 Valley Ave NE 4.1,4 `l'3-7 Puyallup, WA 98372 / 5f,L G l6/4/46-S 2015 OVERLAY PROGRAM MAY 2015 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. 023032436 We, Miles Resources, LLC , 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 One Million Three Hundred Forty Four Thousand Eight Hundred Eleven and No/100ths Dollars ($ 1,344,811.00 ), 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 ‘gal , 2015 , between Principal and Owner PROGRAM , Contract No. i5-1c--I ("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. 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%). 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. 2015 OVERLAY PROGRAM MAY 2015 Performance& Payment Bond C-3 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. 22nd day of June , 2015 . Miles Resources, LLC Lib Mutual Insurance Comply Prin• •al /t S rem ignat •f Authorized O-' . Signature of Authorized Offic'J Jeffrey Thomas , Vice President By Cynthia L. Jay,Attorney-in-Fact Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Propel Insurance agent and/or Surety Company: 925 Fourth Avenue, Suite 3200 Seattle, WA 98104 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. 2015 OVERLAY PROGRAM MAY 2015 , ' ,THIS PQWER 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,6920024 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 corporation duly 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, Barbara A.Johnson;Brent E.Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jay;Diane M.Harding;Eric A.Zimmerman;Jake Oja;James B.Binder;Jamie Diemer;Jeffrey L.Zimmerman;Jennifer L.Snyder;Julie R.Truitt;Karen Swanson;Kellie Hogan;Kristine A.Lawrence; Lisa M.Anderson;Mandy Keltner;Mitchell R.Smee;Peggy A.Firth;Peter J.Comfort;Sandra J.Kulseth;Wyntrene Mace all of the city of Tacoma ,state of WA each individually if there be more than one named,its true and lawful attorney-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 24th day of March , 2015 . 5% American Fire and Casualty Company -a ANDCgsv S(,0- � �J,..1N Sup N1 SURr 4 i ,�9 e� J T�9 i. ,,awe y`� e o-,v '`„4 1`F, The Ohio Casualty ty Insurance Company N e . s � N Z 1906 0) 0 1919 n F o a o Liberty Mutual Insurance Company a) g o r 1912 3 r 1991 3 s '17, y West merican Insurance Company to 0 c STATE OF PENNSYLVANIA SS David M.Care ,Assistant Secretary C co is COUNTY OF MONTGOMERY c tv d 0) On this 24th day of March , 2015, before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v I- 0 0 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, >,(1) 0 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ca ca c E a`m > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O 0. Z I pq COMMONWEALTH OF PENNSYLVANIA +��'0 �� �Q�o ponw��F?� Notarial Seal /�]/��) Lt211()Teresa Pastella,Notary Public By: 2 4- 0 O co• w I of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public d_ . . My Commission Expires March 28,2017 — CL `'hysyt dq� v`F Member,Pennsylvania Association of Notaries a0 E c 1,5 This Power of Attorney is made and executed pursuant to an.by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance H 0 ai w`, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w t°10 L 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 0 c O0 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, ,M y C 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 E y 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 73 m pal 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 attorney-in-fact under > 4- " 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. er .� c 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, E o0 > i 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, M P. 3 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 c ao Z 0 respective powers 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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0<0 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 attorneys-in- ~T fact as may 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 attorney 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 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. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this d ' day of L-h-A_. ,20 i S . I/90Oi 0 1919 n .• 1912 ° ") 1991 3 By: ; Z i i �q` is y /a° Gregory W.Davenport,Assistant Secretary d�,4 rE/A1.1F OS' `,,y NA.„0-..AD �6i-„r„,,,s N ” r.,b, at 355 of 800 LMS_12873_122013 RELEASE OF RETAINAGE BOND OF CONTRACTOR Bond No. 023032441 KNOW ALL MEN BY THESE PRESENTS: That we Miles Resources,LLC (hereinafter called Principal), and Liberty Mutual Insurance Company a corporation organized and doing business under and by virtue of the laws of the state of Massachusetts and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required and authorized by the State of Washington,(hereinafter called Surety), as Surety, are held firmly bound unto City of Tukwila , (hereinafter called Obligee) in the just and full sum of Sixty-seven Thousand Two Hundred Forty-one And No/100THS 1$67,241.00 1 plus 5%of any increases in the contract amount that have occurred or may occur, due to change orders, increases in the quantities or the addition of any new item of work THE COITIONS OF THIS OBLIGATION ARE SUCH THAT,Whereas,the said Principal on the day of June , 2015 entered into a written contract with the said obligee for 2015 Overlay&Repair Program Project#91510401 which said contract is hereby referred to and made a part hereof by reference. WHEREAS,Pursuant to Chapter 60.28 RCW,the above named Principal has requested release of retained percentage earned or which may be earned under said contract, and, WHEREAS,the obligee is willing to release retained percentage in advance of contract terms relating to payment provided the principal shall file bond to indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal,which bond shall be subject to all claims and liens in the same manner and same priority as apply to the retainage percentage released, or to be released, NOW,THEREFORE,the condition of this obligation is such that if the principal shall indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retained percentage to the principal then this obligation shall be null and void unless otherwise to remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 11th day of June , 2015 . Miles Resources, LC By: .//, J. . Principal e rey homas , Vice President Liberty tual Insura ce Company By: Cyn is .Jay mey-in-Fact , ,. 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.6920283 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 corporation duly 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, Barbara A.Johnson;Brent E.Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jay;Diane M.Harding;Eric A.Zimmerman;Jake Oja;James B.Binder;Jamie Diemer;Jeffrey L.Zimmerman;Jennifer L.Snyder;Julie R.Truitt;Karen Swanson;Kellie Hogan;Kristine A.Lawrence; Lisa M.Anderson;Mandy Keltner;Mitchell R.Smee;Peggy A.Firth;Peter J.Comfort;Sandra J.Kulseth;Wyntrene Mace all of the city of Tacoma ,state of WA each individually if there be more than one named,its true and lawful attorney-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 24th day of March , 2015 , >5 MI OD CA o POSY INSt/4, .A.INSUR, p1.1INSURq American Fire and Casualty Company �� pW' _%e-1 eJe"' $092' J, "P°1%C, ��,3�p�yo~,,��F The Ohio Casualty Insurance Company in 2 n m z g o Liberty Mutual Insurance Company aa)i a 1906 0 0 1919 n r 3 i ° 6 1912 a ' 1991 West mericann/Insurance Company N G��b Hrrc', '?aD dy 'H� �aaa �����ss�cc� <+vuH% �_ ��"-" d * 1 * > * * By: R STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary C 6- COUNTY OF MONTGOMERY c dpt On this 24th day of March 2015, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v t_- O a> 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, N p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W co c w > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CIL = o F pqs COMMONWEALTH OF PENNSYLVANIA =O CD 13 Q�4µoNwt4Fl� Notarial Seal y4.,M C'y ,i a �!"=7 Teresa Pastella,Notary Public By: O'7 C ` OF Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public d , . My Commission Expires March 28,2017 3 co n O .1 Z, - `P Member,Pennsylvania Association of Notaries 0 E Cd co This Power of Attorney is made and executed pursuant to an,by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N o L.d., Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w°. t�N w 0 is 4) 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 0 t: - w 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, % 0 C 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 °5 A E d 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 7,3 co E, cti 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 attorney-in-fact under > at+ 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. t et .� C 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, E o0 CNI > E 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, I—M O m 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 C op Z a respective powers 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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co 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 attorneys-in- fact as may 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 attorney 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 attorney of which the foregoing is a full,true and rrect copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. I _ IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this !)7 day of p-4_— ,20/ S aO`-'0P '9 Jr LT 9,FR9�n JP`1NSURgN� Q PN�IPNO UMr ( 3f' o J 0 F v, a"' i+ „e4,.....7, :peelta__7_..... _ 1906 0 0 1919 n > 1912 2 a 1991 i By: b o ° a' ° Gregory W.Davenport,Assistant Secretary -�G N00,-`-*2a -'y`),'HAvv5: "��'ss4 t 3 #010" '' 614 of 800 LMS 12873_122013 P-1 PROPOSAL (unit price) Contractor's Name Miles Resources, LLC Contractor's State License No. MILESRL897RK City of Tukwila Project No. 91510401 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 2015 OVERLAY PROGRAM, which project includes but is not limited to Hot Mix Asphalt (HMA) overlay of up to Seven (7) sites, planing bituminous pavement, removing pavement and pavement repairs, installation of concrete curbs, sidewalks, driveways and ramps, installation of traffic loops and junction boxes, signal modifications, adjusting surface utilities to grade, installing new channelization and signage, providing all necessary traffic control labor and devices, providing temporary erosion/water pollution control and other items necessary to complete the Work as shown on 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, El 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 within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within sixty [60] calendar days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. in addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. 2015 OVERLAY PROGRAM MAY 2015 aD ID) a Proposal P-10 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard- copy bid form—Project Name, Schedule Name,column headings—in the order shown, totals,etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty,Time of Completion,and all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices, If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective estimated quantities shown on the Bid form than totaling all of the extended amounts. Signed: N/A Title: N/A Date: N/A 2015 OVERLAY PROGRAM MAY 2015 Page 18 Proposal Signature Page Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale Proposal P-11 • By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. Date of Receipt 1 o1I1-9I1--r► 3 2 4 NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety Company which will furnish the required Payment and Performance Bond is Liberty Mutual Insurance Company of1001 4th Ave. , Ste. 1300 Seattle, WA 98154 (Name) (Address) Bidder: Miles 'es.16 c-s Signature of Authorized Official: Printed Name and Title: Michael Tollkuehn/Operations Manager Address: 400 Valley Ave NE, Puyallup, WA 98372 Circle One: Individual / Partnership ® State of Incorporation: N/A Joint Venture/ Corporation Phone No.: (253) 383-3585 Date: 06/03/2015 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign), 2, A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. 2015 OVERLAY PROGRAM MAY 2015 Page 19 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale P-12 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). OR -- Bid Bond: The undersigned, Miles Resources, LLC (Principal), and Libert Mutual Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent(5%) of Bid Amount dollars ($ 5% of Bid Amount ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for 2015 OVERLAY PROGRAM, Project No. 91510401, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 3rd day of June , 2015 . Miles Resources, LLC Liberty Mutual Insurance Compan \A i • cipal Suret • S nnature of hori d Official Attor yin Fact(Attach Power of t o ney) Michael Tollk ebn Cy is L. Jay Operations Manager Title Name and address of local office of Propel Insurance agent and/or Surety Company: 925 Fourth Avenue, Suite 3200 Seattle, WA 98104 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. 2015 OVERLAY PROGRAM MAY 2015 P-13 NON-COLLUSION DECLARATION STATE OF WASHINGTON ) ) ss. COUNTY OF4eNer Pierce ) The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 2012 OVERLAY PROGRAM, Project No. 91510401. Miles Resour.-s, LLC Name of Fir loti I SigntiLre of Authorized Official Michael Tollkuehn Operations Manager Title Signed and sworn to before me on this \c day of 0ui' L , 201S . .A..� li_i 1 Signature of Notary Public in and for the State of Washington, residing at O h `,,1 „II,,,,,I,,' 401pA�'i expires: W — �G r fl stQ.TARY _• PUBLIC r0 sti ,,,Op 'WA ��o NOTICE TO ALL BIDDERS ',,,,,„,,,, To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 2015 OVERLAY PROGRAM MAY 2015 Page 21 Non-Collusion Declaration Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale P-14 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: Miles Resources, LLC Address of Bidder: 400 Valley Ave NE Puyallup WA 98372 City State Zip Code Contractor's License No, MILESRL897RK WA State UBI No. 602-870-349 Dept. of L&I License Bond Registration No, 023026607 Worker's Comp. Acct. No, 183, 696-00 Bidder is a(n): ❑ Individual El • ership ❑ Joint Venture ❑ Incorporated in the state of N/A List business names used by Bidder during the past 10 years if different than above: Woodworth & Company, Inc. (90+ years) Bidder has been in business continuously from 2009 (90+ years formerly Woodworth & Co. , Inc. ) Year Bank Reference Wells Fargo Bank Casey Sullivan (253) 593-6295 Bank Account Officer Officer's Phone No. No. of regular full-time employees: 125 Number of projects in the past 10 years completed:1,000 ahead of schedule 1,500 on schedule 0 behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 6 years. As a subcontractor for 6 years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Lone With Bidder Jeff Williams Project Manager 8 years Skip Keely General Supt. 42 years Joe Harrison Supt. 4 years Michael Tollkuehn Operations Mbgr. 25 years 2015 OVERLAY PROGRAM MAY 2015 Page 22 Responsible Bidder Determination Form Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale P-15 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? d Yes 0 No Surveyor's Name: 0'bun(io Dac1n art'n Ink-tin a l List all those projects, of similar nature and size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years experience working on projects of similar nature and size. Year Contract Project Name Completed Amount Owner/Reference Name and Phone See attached List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Total Claims Amount of Contract Arbitrated Settlement Name of Client and Project Amount or Litigated of Claims N/A N/A N/A N/A Has Bidder, or any representative or partner thereof, ever failed to complete a contract? El No D Yes If yes, give details: N/A Has Bidder ever had any Payment/Performance Bonds called as a result of its work? IJ No 0 Yes If yes, please state: Project Name Contracting Party Bond Amount N/A N/A N/A 2015 OVERLAY PROGRAM MAY 2015 Page 23 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale Responsible Bidder Determination Form P-16 Has Bidder ever been found guilty of violating any State or Federal employment laws? ® No ❑ Yes If yes, give details: N/A Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? IEI No ❑ Yes If yes, give details: N/A Has any adverse legal judgment been rendered against Bidder In the past 5 years? ® No ❑ Yes If yes, give details: N/A Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? Lzl No D Yes If yes, please state: Date Type of Injury Agency Receiving Claim N/A N/A N/A The undersigned warrants under penalty of Perjury that the foregoing Information is true and accurate to the best of his/her know -dg The undersigned authorizes the City of Tukwila to verify all information contained here . Signature of Bidder Michae_ Tollkue n Title: Operations Manager Date: 06/03/2015 2015 OVERLAY PROGRAM MAY 2015 Page 24 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa,com-Always Verify Scale P-17 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT See attached All owned Labor to be used: Miles Resources, LLC currently has the manpower to complete this project on schedule. Miles Resourc-., LLC .� a •;Bidd ILA. ti ippnature p Au orized Official Michael Tollkuehn Operations Manager Title 2015 OVERLAY PROGRAM MAY 2015 Page 25 Proposed Equipment and Labor Schedule Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale P-18 PROPOSED SUBCONTRACTORS Name of Bidder Miles Resources, LLC In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder 12. ok Schedule/Bid Item Numbers % of Name Subcontractor will perform Total Bid 'J ^ q,C)1 a 10/L Scf(S4t, 5 Ay, DP °'AV8) c 2-, C� 9.(9% 2015 OVERLAY PROGRAM MAY 2015 Page 26 Proposed Subcontractors Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale • . TI-I§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.6920006 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 corporation duly 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, Barbara A.Johnson;Brent E.Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jay;Diane M.Harding;Eric A.Zimmerman;Jake Oja;James B.Binder;Jamie Diemer;Jeffrey L.Zimmerman;Jennifer L.Snyder;Julie R.Truitt;Karen Swanson;Kellie Hogan;Kristine A.Lawrence; Lisa M.Anderson;Mandy Keltner;Mitchell R.Smee;Peggy A.Firth;Peter J.Comfort;Sandra J.Kulseth;Wyntrene Mace all of the city of Tacoma ,state of WA each individually if there be more than one named,its true and lawful attorney-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 24th day of March , 2015 , >, Pp1D CgSU P��Y INSU9 P1,1NSUgf PNINSURq American Fire and Casualty Company ts �. 61(',i. e'yw«‘„092' So °4'k0.� ,Q. «4%4‘g,, The Ohio Casualty Insurance Company 0 co z 1906 o f O 1919 a ° Liberty Mutual Insurance Company m 5 3 \o o 1912 a 1991 a West merican Insurance Company = (A b.'4,1 HAMPS�..-IP . "HAM• �aD �‘>)4'I AC N MaANt, -_ Z •a) * 1 * * * By: A C STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C os i COUNTY OF MONTGOMERY c ca d co On this 24th day of March , 2015 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and 0 e1 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, to 0 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O lL ca 0 > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 0. 0 Ti " P s COMMONWEALTH OF PENNSYLVANIA <O /�Q�OproNw��FI( Notarial Seal y �/�J� > w el C'� r. u s r Teresa Pastella,Notary Public By: �i f.t O C w of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public d 0 — L �P My Commission Expires March 28,2017 3 C O0 4b1. Member,Pennsylvania Association of Notaries a0 E C R This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N O 0',,., Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: s.•-.O � tea 0 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 0 C w 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, IN y 0.5 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 : E di 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 1 as p c0 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 attorney-in-fact under >JZ t- 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. . N -o E 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, E o0 > ` 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, t&-M O O 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 O 00 Z 0 respective powers 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 3 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co 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 attorneys-in- I—fact as may 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 attorney 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 attorney of which the foregoing is a full,true and oct 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 C3 day of “..FLA..- ,20 1 S . a 1906 2 0 1919 n F 1912 ° 4 1991 o By. y a o ,' s� ; av m i Gregory W.Davenport,Assistant Secretary s°44%.AM *a .iy HAMPS,"`4a 6%) Am"v4' -* \AVMNr. 1. 337 of 800 LMS 12873_122013 AUTHORIZATION TO ACT ON BEHALF OF MILES RESOURCES,LLC A WASHINGTON LIMITED LIABILITY COMPANY WHEREAS,Miles Resources,LLC(the"Company")is a Washington limited liability company organized for purposes of(among other things)managing and operating business assets used in connection with the Company's construction,paving and related activities; WHEREAS,all authority to operate the business and affairs of the Company is vested in one or more mangers,and the managers of the company are Walt Miles,Lisa Kittilsby,and Tim Kittilsby (hereinafter the"Managers"); WHEREAS,the Mangers of the company intend to delegate certain authority relating to the day- to-day operations of the company to the individuals identified below; NOW THEREFORE,be it resolved as follows: RESOLVED,that the Managers hereby delegate a portion of their authority to the"Operations Managers: of the Company named below; RESOLVED,that each of the Operations Managers, acting individually,shall have the power and authority to manage the day-to-day business of the company. Without limiting the generality of the foregoing,the Operations Managers shall have the power and authority to negotiate and enter into contracts on behalf of the Company,sign documents relating to such contracts,and to engage in any other acts related to the Company's day-to-day operations; RESOLVED,that Bradley Deakins,Michael Tollkuehn and Angela Reis are hereby appointed as Operations Mangers of the company to fulfill the duties described above. For the purpose of execution of the Authorization,a facsimile or electronically scanned signature shall have the same force and effect as an original signature. This Agreement may be executed in one or more counterparts,all of which shall be considered one and the same Agreement. SIGNED and EFFECTIVE this i day of rf\t1. X ,2012 MILES RESpURCES, LLC OPERATIONS MANAGERS °'# ,fit - i.. .......4.... By: Walt Miles Bradley Deakins its: „....Manager and Member CFO/Oper io anager t /jy/ By: Lisa Kittilsby ` Michael Tollkuehn Its: Manager and Member 1 Operations Manager I--., (.110 1,1 ' ,.._._... ------..;- 3 ,k r (. 1.1'. ' 1_ By: Tim Kittilsby Angelatois Its: Manager Operations Manager