HomeMy WebLinkAbout16-018 - Green River Construction - 6300 Building Water Service Replacement Sheet 1 of 1
-VJILA
CITY OF TUKWILA
,<, v� ;I
.', ;l CONTRACT CHANGE ORDER NO. 1
1908
DATE: February 24,2016 BUDGET NO.: 303.98.594.180.48.00
PROJECT NO.: 91630302 CONTRACT NO: 16-018 (&)
PROJECT NAME: 6300 Building Water Service Replacement
TO: Green River Contruction
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: The replacement of the east restraining schackle rod on the on the fire protection line that services the 6300building.
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 : Date 00 .01.5" /6' Contractor area /641C-74DIY1—/
& r
By 1 Title AeS/deAd
Origin Contract(without tax) $ 37,950.00 APPROVED BY TT CITY OF T . I
Previous Change Order $ 0.00 Date . .ti e.� .
This Change Order(without tax) $ . 1,600.00 • .1 fr
By
Mayo
REV.CONTRACT AMOUNT $39,550.00
� JAOriginal Contract Time:21 Days City Engineer 0'42
Additional Contract Time for this Change Order: 0 Days
Updated Contract Time:21 Days
ORIGINAL: City Clerk (1 of 2) cc: Finance Department(w/encumbrance)
Contractor(2 of 2) Project Management File
PW Project Finance File
5./di - c v,(6,' *—
(11/2014)
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contractor/
Vendor Name:
Address:
Telephone:
Contract Number: 16 -018
Council Approval 2/1/16
CITY OF TUKWILA
Short Form Contract
Green River Construction Project No. 91630302
6402 South 144th, Suit #1
Tukwila, WA 98168
206 246 9856
Budget Item: 303.98.594.180.65.00
Project Name: 6300 Building
Water Service Replacement
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington
98188. Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this JJ ffday of -re jj o ^,� 201,6, by and
between the City of Tukwila, hereinafter referred to as "City ", and Green River Construction,
hereinafter referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The
Contractor shall perform those services described on Exhibit A attached hereto and incorporated
herein by this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The
Contractor shall request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced on 2 I B I I and be completed no
later than 3 t y l .
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed $41,555.25,
except by written agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement. The Contractor shall request prior approval
from the City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the
proj ect.
CA revised 2012
j 57 07,2 0/6 /AV,
Page 1
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion
of the work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
• The contract includes this Agreement, Scope of Work and Payment Exhibit.
• The intent of these documents is to include all labor, materials, appliances and services of every
kind necessary for the proper execution of work, and the terms and conditions of payment
therefore.
• The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
• The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
• Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
• Unless otherwise specified, all material shall be new, and both workmanship and materials shall
be of good quality.
• Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless
otherwise specified. Permits and licenses necessary for the execution of the work shall be secured
and paid for by the Contractor. Easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the City unless otherwise specified. The
Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall
notify the City in writing if the drawings and specifications are at variance therewith.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately
protect the work, adjacent property and the public and shall be responsible for any damage or injury
due to any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the
City and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for
extra cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re- execute any work that fails to conform to
the requirements of the contract and that appears during the progress of the work, and shall remedy
any defects due to faulty materials or workmanship which appear within a period of one year from
date of completion of the contract and final acceptance of the work by the City unless the
manufacturer of the equipment or materials has a warranty for a longer period of time, which
warranties shall be assigned by Contractor to City. The provisions of this article apply to work
done by subcontractors as well as to work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute
the work properly, or fail to perform any provision of the contract, the City, after seven days'
CA revised 2012
Page 2
written notice to the contractor, and his surety, if any, may without prejudice to any other remedy
the City may have, make good the deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contract or, at the City's option, may terminate the contract and take
possession of all materials, tools, appliances and finish work by such means as the City sees fit, and
if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess
shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor
shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due
may be withheld on account of defective work not remedied, liens filed, damage by the Contractor
to others not adjusted, or failure to make payments properly to the subcontractors.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of
coverage and limits as required herein shall not be construed to limit the liability of the Contractor
to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1 Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products- completed
operations aggregate limit. Commercial General Liability insurance shall be written
on ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, products - completed operations, stop gap
liability, personal injury and advertising injury, and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the
Commercial General Liability Insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an insured
under the Contractor's Commercial General Liability insurance policy with respect
to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
CA revised 2012
Page 3
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their
receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving
five business -days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction
a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all
necessary releases from the Department of Revenue and the Department of Labor and Industries
and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a
complete release of all liens arising out of this contract or receipts in full covering all labor and
materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City
against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party
shall be entitled to recover its reasonable attorney fees and costs.
CA revised 2012
Page 4
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste
material and rubbish and at the completion of the work, shall remove from the premises all
rubbish, implements and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by an act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence
of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is
valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents,
and employees.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the
prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in
conformance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
25. ENTIRE AGREEMENT; MODIFI CATION. This Agreement, together with attachments or
addenda, represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is
declared void or unenforceable or limited in its application or effect, such event shall not affect
any other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
CA revised 2012
Page 5
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF TUKWILA
By:
Signature,
Printed Name: Ada u F.k.�&r�
Title: 111A-L41211
Date: 2. —/ ? - V /6,
ATTEST /AUTHENTICATED:
City Clerk, Christy
APPROVED AS TO FORM:
Office of the City Attorney
Byq(211.-1/
CA revised 2012
By:
Sig iature
Printed Name: KI1/41 £ 104
Title: IY 65 1�
Date: 1 I' " I b
Page 6
2" POLY WATER SERVICE TO THE 6300 BUILDING
January 5, 2016
EXHIBIT A
SCOPE OF WORK:
1. CALL FOR UITILITY LOCATES 48 HOURS PRIOR TO BEGINNING THE EXCAVATION (Call 811).
2. PROVIDE EROSION CONTROL FOR THE PROJECT AREA, INCLUDING THE INSTALLATION OF FILTER
SOCKS IN THE CATCH BASINS (ULTRA -DRAIN GUARD OR APPROVED EQUAL).
3. POTHOLE AT THE POINT OF CONNECTION TO THE BUILDING PRIOR TO THE INSTALLATION OF THE 2"
POLY LINE TO DETERMINE THE REQUIRED TYPE OF FITTINGS FOR THE CONNECTION AT THE
BUILDING. THIS TASK CAN BE DONE ON WEEKDAYS.
4. THE CONTRACTOR SHALL PROVIDE SHORING TO PROTECT THE EXISTING DRIVEWAY DURING THE
INSTALLATION OF THE WATER SERVICE LINE PER SECTION 7- 083.(1)B STANDARD
SPECIFICATIONS.THE COST OF THE SHORING SHALL BE INCLUDED IN THE QUOTE TO THE CITY.
5. PROVIDE TRAFFIC CONTROL AND DETOUR SIGNAGE PLAN PER THE CURRENT MUTCD.
6. SAW CUT THE EXISTING PAVEMENT. THE ESTIMATED LENGTH OF SAW CUTTING IS 700 FEET +/-.
7. EXCAVATE FOR THE INSTALLATION OF 2" CLASS 200 HIGH MOLECULAR POLYTHYLENE PIPE. ASPHALT
PAVEMENT AND SOIL REMOVED FROM THE TRENCH SHALL NOT BE REUSED AND BE TRUCKED OFF
SITE.
8. THE CONTRACTOR SHALL PROVIDE AND INSTALL 325 FEET +/- OF 2" CLASS 200 HIGH MOLECULAR
POLYTHYLENE PIPE. THE WATER SERVICE LINE SHALL HAV,E,A MINIMUM OF 36" OF COVER. THE
MINIMUM LENGTH OF SECTIONS OF PIPE SHALL BE 150 FEET.
9. THE CONTRACTOR SHALL PROVIDE AND INSTALL LEAD FREE MUELLER 110 CTS O.D. PE PLASTIC TUBE
FITTINGS AT THE WATER METER AND THE CONNECTION TO THE BUILDING.
10. THE CONTRACTOR SHALL PROVIDE AND INSTALL 325 +/- OF 1.5 INCH SCHEDULE 40 CONDUIT. THE
CONDUIT SHALL HAVE A MINIMUM 24" OF COVER AND BE INSTALLED BY AN ELECTRICAL
CONTRACTOR.
11. THE ELECTRICAL CONTRACTOR SHALL OBTAIN THE REQUIRED PERMITS. THE CONTRACTOR SHALL
INCLUDE THE COST OF THE OFF HOURS ELECTRICAL INSPECTOR IN THEIR COSTS.
12. THE 1.5 INCH CONDUIT SHALL BE STUBBED OUT AND CAPPED AT THE WATER METER AND BUILDING.
13. THE TRENCH SHALL BE BACK FILLED WITH 5/8" CRUSHED ROCK AND BE COMPACTED PER SECTION 2-
03.3(14) OF STANDARD SPECIFICATIONS.
14. THE APHALT REPAIR SHALL BE 3" OF HMA CL. PG 64 -22. THE PAVEMENT REPAIR SHALL MATCH
EXISTING PAVEMENT AND THE JOINTS SHALL BE HOT TAR SEALED.
15. THE INSTALLATION OF THE WATER SERVICE CAN BE DONE ONLY ON SATURDAY OR SUNDAY. THE
WATER SERVICE TO THE BUILDING CANNOT BE OFF DURING WEEKDAYS.
16. THE PAVEMENT REPAIR CAN BE DONE ON WEEKDAYS.
17. If CHANGES IN CONDITIONS ARE FOUND DURING CONSTRUCTION, THE CHANGES WILL BE
ADDRESSED BY FORCE ACCOUNT PER THE 2014 STANDARD SPECIFICATIONS. ALL WORK SHALL BE
DONE SHALL BE IN ACCORDANCE WITH 2014 STANDARD SPECIFICATIONS AND CITY OF TUKWILA
INFRASTRUCTURE DESIGN AND CONSTRUCTION STANDARDS
PROPOSAL January 4, 2016
EXHIBIT B
6300 Building Water Service Replacement
THIS IS A PREVAILING WAGE JOB
Replacement of 2" Water Service Line to the 6300 Building
Description
Quantity
Units
Unit Price
Cost
The installation of 325 feet +/-
of 2" Dia. Class 200 High
Molecular Polyethylene Pipe.
1
EACH
$ 37/ 400
$ 3743'°
Trench Protection
1
EACH
$x''60, 60
$ 5-00, o O
Tax (9.5 %)
$ 314,b3 . .
Total
$ 4 I j'�, a
Company Name:
Contact Name:
Address:
Telephone:
a4(itiq
Bexh
al-o?, 44
"nu K1u-e l /1-1 I, A 9i 6 s
(Z�t) 241, -14��
PROPOSAL DUE BY 5:00 P.M JANUARY 7, 2013
Please return to:
Mike Cusick, P.E.
City of Tukwila
Public Works Department
6300 Southcenter Blvd., Suite 100
Tukwila, WA 198188
Michael Cusick
From: Michael Cusick
Sent: Tuesday, January 05, 2016 1:31 PM
To: David Pankiewicz (dpank @rlalia.com); Bob (bobm @greenriverconstruction.com); MIKE
TERRY (brikeexcavating @comcast.net)
Cc: Henry Ancira
Subject: FW: Quote for Work Near Tukwila City Hall
A c sa L.-- Q FE- P U S /26--- fAl e� i--
The trench will require a "T Patch" and the water line and conduit can be in the same trench.
Please contact me if you have any questions.
Thanks
MPC
From: David Pankiewicz jmailto:dpank @rlalia.coml
Sent: Tuesday, January 05, 2016 9:48 AM
To: Michael Cusick
Cc: 'Gary Pankiewicz'; Henry Ancira
Subject: RE: Quote for Work Near Tukwila City Hall
Hi Mike,
Rick wants to know:
1) Are you requiring a t -cut on the trench for the water service?
2) Is the 1.5" conduit and 2" water service going in the same trench?
Please let me know.
Thanks,
David
From: Michael Cusick J mailto :Michael.Cusick @TukwilaWA.govl
Sent: Monday, January 04, 2016 3:38 PM
To: 'Gary Pankiewicz'; Henry Ancira
Cc: DPank @RLAlia.com
Subject: RE: Quote for Work Near Tukwila City Hall
Gary,
Thank you for the quote for the water service installation.
I will have to you a scope of work for the project tomorrow morning so the that the other contractor can bid on the
same scope of work.
MPC
From: Gary Pankiewicz [mailto:gjpank @rlalia.com]
Sent: Monday, January 04, 2016 3:28 PM
1
x
x
Init.
§ 7 If the Surety elects to act under Section 5.1., 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction. Contract, and the responsibilities of the, Owner to, the
Surety shall not be greater than those .of the Owner under the Construction Contract. Subject to the commitment-by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from, the Contractor's. Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the, Construction Contract, :actual
damages caused by delayed performance or non - performance of the Contractor..
§ 8 If the Surety elects to act. under Section - 5.1,.5.3 or 5.4, the 'Surety's liability is liinited°to -the amount ofthis::Bond.
§ 9 The Surety shall not be liable to the Ownerorothers for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account. or any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changesof time, to the Construction Contract or-to
related subcontracts,_ purchase orders and other obligations.
511 Any proceeding, legal .or equitable; under this Bond maybe instituted.in any court .of competent jurisdiction. in
the location in-which the work or part of the work is.located and shall be instituted. within two: years.after. a declaration
of Contractor. Default or within two years after the Contractor ceased working or within two-years after the Surety -
refuses or.£ails.to perform its obligations under this Bond, whichever occurs. first. If the provisions .ofthis Paragraph
are void or prohibited by law, the minimum period of :limitation available to. sureties as a defense.in.the;jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the. Owner or the. Contractor shall-be mailed or delivered to the address shown.on the page'
on which their signature appears.
§ 13. When this Bond has been furnished to comply with a.statutory. or other legal requirement intheiocationwhere
the. construction w. as to be performed,. any provision. in this Bond. conflicting with.said statutory or legal requirement
shall be deemed deleted herefrom.andprovisions conforming to..such statutory or other legal requirement shall:,be
deemed incorporated herein. When so furnished, the intent is thatthis Bond shall be .construed as .a statutory bond and
not as a .common law bond.
§.14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims: for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction.
Contract.
§ 14.2 - Construction Contract. The agreement between the Owner and Contractor identified on:the: cover'•page,
including all Contract Documents and changes made to the agreement-and the Contract Documents:
§ 14.3 Contractor Default.. Failure of the Contractor,.whtich:has not been remedied or waived,,to perforce or- otherwise to
comply with. .a material term of the Construction Contract.
§ 14.4 (?weer Default. Failure of the Owner, which has.not been remedied or waived, to pay the Contr-aetor.as requited
under the Construction Contract or to perform arid complete or comply with'the other materialterms ot'the
Construction Contract
§ -14.5 Contract Documents.. All: the docuni entsthat .comprise. the agreement between the: -Owner acid Contractor.
§ 15 Tf this. Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor iit this;.Bond .
shall.be.- deemed to be Subcontractor and the term Owner shall be deemed to. be Contractor..
AIA Document A3t2TM'- 2010.,The American Institute of Architects,
x
x
x
Init.
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time,, to the Construction.Contract or to
related subcontracts, purchase orders-..and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than ina court of competent
jurisdiction in the state in which the project thatis the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a.Claim to the Surety pursuant to
Section 5.1.2 or 5:2, or (2) on which the last labor or service was performed by anyone or the last materials -or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) frrst.occurs. Ifthe
provisions of this Paragraph are void or prohibited bylaw; the minimum period of limitation available to sureties as a
defense in..the jurisdiction of the suit. shall be applicable..
§13-Notice. and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to'the address- shown
on the page on whioh their signature appears.. Actual receipt of notice or- Claims, however accomplished; shall be
sufficient compliance as: of the date received.
§ 14 Whenthis Bond has been furnishedto comply with a:statutory. or other legal requirement the ;location where:
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed.deleted herefrom and provisions conforming to such statutory or otherlegal requirement-shall. be
deemed incorporated herein. When so furnished, the intent is that this Bond shall. be construed as a statutory bond and
not as a- common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner. shall promptly furnish a copy of this Bond or shall permit a .copy to be made:
§ 16 Definitions
§ 16.1 Claire. A written statement by the - Claimant including at a mninunum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or material's or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,.materials.or- equipment was
.furnished for use in the performance of the Construction.Contract;
.4 a brief descriptionofthe 'labor,.materials or equipment furnished;
.5 the date onwhich the Claimant last performed labor or last:furnished.materials or equipment for-use in
the performance oldie Construction Contract;
.6 the total amount earned. by the Claimant for labor, materials or equipment.fumished as of the date. of
the Claim;
.7 the total amount ofprevious payments received by the Claimant; and
.8 the total amountdue and unpaid to' the Claimant for labor,.materials or equipnient.fumished.as of'the
date. of the: Claim.
§ 16;2 Ciairnant.. An individual. or entity having ...a direct contract with the Contractor. or with a. subcontractor of the
Contractor to furnish labor, materials :or equipment for use in the performance of the Construction Contract. The term
Claimant also.includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against.the real property upon which the Project, is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that.part of. water, gas, power,. light,..heat, oil,
gasoline ,,, telephone •service or rental equipment used in the Construction Contract,, architectural and erigitieering.
services required for performance of the work of the contractor and the Contractor's subcontractors,..and,all other
items for -which a,mechanic's lien may be asserted in the jurisdiction where' the. labor, materials or equipment were
furnished.
§ 16.3 Construction Contract, The agreement ween the Owner and Contractor identified on the coverp. age,
including all. Contract.Documents and all changes made to the agreement, and the Contract Documents.
AIA DocumentA312TM —2010. The American Institute efArchitects.
Init.
§ 16.4 Owner Defatilt.Pailure,,of the,Ownerowhichhasnot .beenremedied or waived, to pay the Contractor:asrequired
underthe Construction Contract ortbperforrn and complete orcomply with-the othermaterial temi s. Of the.
COnstmction Contract
§ 16.5 Contract Documents. All the documents:that comprise-the agreement betweenthe Owner andContractor.
§ 17 If this Bond isissued for-an Agreementbetween a Coritractorand subcontractor, the term, Contractorinthisil3ond:
shall be deemed tribe Subcontractor and the term .. Owner shall be deemed tbbeContraCtor.
§- 1 8 Modificationsto this: bond are as follows:
(Space- iipeoWdeetb 016*, fdradditi °hal' Ognaturaef ciddeelpadies, other than those appearing 'ofthkAVele'pe4)
CONTRACTOR AS PRINCIPAL SURETY COiliPOYf ,(caipok.ate. Seal) convoy: (Corporate Seal)
$gf*tt,ite:: N/A N/A
Name and Tit.le; Name drid'Title:
AddresS Arklress
CAUTION: You should sign .. an anginal AIA Contract Dotument, oh whith this textappearsin RED An orginaI asturiAttlat,
chariges will not be vitiseured.
.A1A..Document:A312T.m:-, 2010;:TheArriensait Institute •dfArthitects;
TRAVELERS)
Attorney -In Fact No.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
229707
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 006178209
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
Karen Swanson, Brent E. Heilesen, Peter J. Comfort, Julie R. Truitt, Christopher Kinyon, Jamie Diemer, Carley Espiritu, and Jennifer L. Snyder
of the City of Tacoma , State of Washington , their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS 1 WHEREOF, the Compar�iees have caused this instrument to be signed and their corporate seals to be hereto affixed, this 27th
day of
July , 2015
.
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
Robert L. Raney, enior Vice President
27th July 2015
On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016.
58440 -8 -12 Printed in U.S.A.
V\_04Ailt v
Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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