HomeMy WebLinkAbout16-039 - RL Alia Company - Sanitary Sewer Repair at 1227 Andover Park East1 6-039(b)
Council Approval N/A
Sheet 1 of 1
CITY OF TUKWILA
CONTRACT CHANGE ORDER NO. 2
DATE: July 5, 2016 BUDGET NO.: 402.98.594.353.48.00
PROJECT NO.: 91140203 CONTRACT NO.: 16 -039 C Ijl
PROJECT NAME: CBD Sanitary Sewer Rehabilitation -Sewer Repair at 1227 APE
J
TO: R. L. Alia Company
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not
included in the plans and specifications on this contract:
NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued.
Conditions:
A. The following change, and work affected thereby, are subject to all contract stipulations and covenants;
B. The rights of the "Owner" are not prejudiced;
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 a• : specified, and will accept as full payment therefore the prices shown above and below.
ACCEPTED: Date > 7-5-/b Contractor R. L. A-IA 3/11 Pf+'v
Title PRI5laENT
By
Original Contract (without tax) $ 63,669.00 APPROVED BY THE CITY OF TUKWILA
Previous Change Order $ 0.00 Date
This Change Order (without tax) $ 25,766.37 By
Mayor
REV. CONTRACT AMOUNT $ 89,435.37
Original Contract Time: 34 Calendar Days
Additional Contract Time for this Change Order: 0 Day
Updated Contract Time: 65 Calendar Days
City Engineer
ORIGINAL: City Clerk (1 of 2)
Contractor (2 of 2)
PW Project Finance File
cc: Finance Department (w /encumbrance)
Project Management File
/iz/67 AA96'
(11/2014)
CBD Sanitary Sewer Rehabilitation —Sewer Repair at
1227 Andover Park East
Contract Change Order No. 2
Exhibit A
The Contractor for this Sewer Repair at 1227 Andover Park East (APE) incurred additional
construction costs due to the increase of sewer pipe replacement from the planned 65 feet to 141 feet.
The additional 76 feet sewer pipe replacement was necessary, as the excavation work uncovered long
stretch of sewer pipe that were badly worn away and broken. This added length of sewer pipe
replacement was not anticipated and could not have been properly identified on the Project Plans, as a
video recording showed that the sewer pipe was already plugged with debris. By burying back this
added length of broken sewer pipe and not replacing it immediately, would only increase damage to
the sewer system and cost more to the City to replace the pipe down the road.
The replacement of additional 76 feet sewer pipe also increased costs on other elements of the
construction project. These other elements were temporary traffic control, bypass pumping,
excavation and trenching, and unexpected sewer pipe conditions. The negotiated costs for these other
elements and the total Change Order cost are listed in the table below:
Bid Item
No.
Description
Additional
Quantity
Unit
Unit
Price
Cost
3
Project Temporary Traffic
Control
1.17
LS
$2,000.00
$2,340.00
6
Bypass Pumping
1.17
LS
$3,000.00
$3,510.00
7
Trench / Excavation Protection
1.17
LS
$1,000.00
$1,170.00
10
PVC Pipe, SDR 35, 12 -inch
Diameter for Main Line
59.75
LF
$241.00
$14,399.75
N/A
On 3- 28 -16, the Contractor was
delayed for trenching due to
sewage backup from the
adjacent bypass setup. The
bypass was established to clean
and video the sewer repair at
1200 APE.
1
FA
$757.86
$757.86
N/A
On 4 -5 -16, during excavation to
repair sewer pipe, the
Contractor found the north end
of the sewer pipe without
bottom physically. The
Contractor was on stand -by
briefly, and installed an extra
temporary coupling on the north
pipe end, in order to continue
excavating and repairing the
sewer pipe on the south end.
1
FA
$940.03
$940.03
N/A
On 4 -7 -16, the Contractor came
back to the same sewer repair
spot as on 4 -5 -16 and excavated
an extra of 13 feet broken sewer
pipe on the north end, until
reaching a good pipe end to
connect the new sewer pipe
with. The Contractor also had
to change the sewer bypass
hoses.
1
FA
$1,680.51
$1,680.51
N/A
On 4 -8 -16, at APE between
Manholes #1042 and #1043, the
City marked down a sewer pipe
connection point in the field, so
the Contractor could excavate
for sewer pipe replacement.
After excavation, it turned out
the sewer pipe was not in good
physical shape as a connection
point. The Contractor had to
excavate extra 10 feet of broken
sewer pipe to the north in order
to find that good connection
point.
1
FA
$968.22
$968.22
Total Change Order Cost
$25,766.37
CITY OF TUKWILA
CONTRACT CHANGE ORDER NO. 1
DATE: April 21, 2016
PROJECT NO.: 91140203
PROJECT NAME: Sewer Repair at 1227 APE
TO: Green River Contruction
BUDGET NO.: 402.98.594.353.48.00
CONTRACT NO: 16 -039 CaT)
Sheet 1 of 1
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not
included in the plans and specifications on this contract:
NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued.
Conditions:
A. The following change, and work affected thereby, are subject to all contract stipulations and covenants;
B. The rights of the "Owner" are not prejudiced;
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: Revise the completion date from April 30, 2016 to May 31, 2016.
ACCEPTED: Date
q -a4-ib
Contractor
By Title
Original Contract (without tax)
Previous Change Order
This Change Order (without tax)
$ 63,669.00
$ 0.00
$ $00.00
R. L . A(.44 ,y bv/
By
REV. CONTRACT AMOUNT $ 63,669.00
Original Contract. Time: 39 Days
Additional Contract Time for this Change Order: 31 Days
Updated Contract Time: 70 Days
APPROVED BY THE CITY OF TUKWILA
City Engineer
Mayor
1/-7;teivwx) itiz5 /17o
ORIGINAL: City Clerk (1 of 2)
Contractor (2 of 2)
PW Project Finance File
cc: Finance Department (w /encumbrance)
Project Management File
ste (I a 6 .-/11A-c-.5
(11/2014)
-ILA 16-039
Ay- wgryy City of Tukwila Contract Number: Council Approval 3/14/16
� \ 6200 Southcenter Boulevard, Tukwila WA 98188
rO
1905
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: R.L. Aila Company Project No. 9% i/Ode 3
Address: 107 Williams Ave. South
Renton, Wa 98057 Budget Item: "led. V. 59Y 3S3 '/ ,O
Telephone: 425-226 8100 Project Name: CBD Sanitary Sewer
Rehabilitation (Z0,10; ►t{ _
is l- L ,VPE
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 ho- day of mxyck, 20 tlp, by and
between the City of Tukwila, hereinafter referred to as "City", and R.L. Alia Company, 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 ' P Ito and be completed no later
than ``.11`60\k u, .
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 $69,717.56,
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
project.
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.
/ 6 001 02 Gam./6//(/i9z-S
CA revised 2012 Page 1
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' 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.
CA revised 2012 Page 2
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.
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.
CA revised 2012 Page 3
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.
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
CA revised 2012 Page 4
the presence of any disability in the selection and retention of employees or procurement of
materials or supplies.
25. ENTIRE AGREEMENT; MODIFICATION. 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
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 - •• ear first above
written.
CITY OFTUK �/%� �.
By: �_ I1A4��_ By: 411101'
ignature Signature
Printed Name: Allan Ekberg, Mayo Printed Name: RI cowao L, 4,4
Date: ► r' J C k 11 awe Title: PR6s1 Dent i
Date: -aa-fc
ATTEST/AUTHENTICATED:
Cyr Q,twi��-- f Lan-/L.,1#1
City Clerk, Christy 0' I- • •rty U
APPROVED AS TO FORM: •
BY: . i i - �.� . .�
Office of the City Avorney-
CA revised 2012 Page 5
2016 CBD SEWER IN ANDOVER PARK EAST
NEAR 1227 ANDOVER PARK EAST
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. THE CONTRACTOR SHALL PROVIDE SHORING TO PROTECT THE EXISTING ROADWAY DURING THE
REPAIR OF THE SEWER LINE PER SECTION 7-083.(1)B STANDARD SPECIFICATIONS.THE COST OF THE
SHORING SHALL BE INCLUDED IN THE QUOTE TO THE CITY.
4. PROVIDE TRAFFIC CONTROL AND DETOUR SIGNAGE(SEE ATTACHED PLAN).
5. SAW CUT THE EXISTING PAVEMENT.THE ASSUMED DEPTH OF THE PAVEMENT IS 15 INCHES.
6. EXCAVATE FOR THE REPAIR OF EXISTING SEWER PIPE.ASPHALT PAVEMENT AND SOIL REMOVED
FROM THE TRENCH SHALL NOT BE REUSED AND BE TRUCKED OFF SITE.
7. THE CONTRACTOR SHALL PROVIDE TEMPORARY BY PASS PUMPING OF SEWAGE AROUND THE WORK
AREA.ASSUME THE FLOW TO BE 800 GPM.
8. THE CONTRACTOR SHALL PROVIDE AND INSTALL 65'+/-OF 12" DIAMETER SDR 35 PVC SEWER PIPE.
BEGIN THE REPAIR 87'SOUTH OF MANHOLE 1043.
9. THE CONTRACTOR SHALL MATCH EXISTING GRADE OF THE SEWER LINE
10. THE CONTRACTOR SHALL RECONNECT EXISTING SIDE SEWERS FOUND TO THE PROPOSED 12"
SEWER LINE.
11. THE CONTRACTOR SHALL CONNECT THE PROPOSED PVC PIPE TO THE EXISTING ASBESTOS PIPE
USING ROMAC OR STRONG BACK COUPLINGS.
12. THE TRENCH SHALL BE BACK FILLED WITH 5/8"CRUSHED ROCK AND BE COMPACTED PER SECTION 2-
03.3(14)OF STANDARD SPECIFICATIONS.
13. THE APHALT REPAIR SHALL BE 9" OF HMA CL. PG 64-22.THE TEE PAVEMENT REPAIR (PER CITY OF
TUKWILA DETAIL RS-03)SHALL MATCH EXISTING PAVEMENT AND THE JOINTS SHALL BE HOT TAR
SEALED.
14. THE CONTRACTOR SHALL RESTORE RAISED PAVEMENT MARKINGS. MATCH EXISTING MARKINGS.
15. If CHANGES IN CONDITIONS ARE FOUND DURING CONSTRUCTION,THE CHANGES WILL BE
ADDRESSED BY FORCE ACCOUNT PER THE 2016 STANDARD SPECIFICATIONS.ALL WORK SHALL BE
DONE SHALL BE IN ACCORDANCE WITH 2016 STANDARD SPECIFICATIONS AND CITY OF TUKWILA
INFRASTRUCTURE DESIGN AND CONSTRUCTION STANDARDS
EXHIBIT A
DIVISION 10-TECHNICAL SPECIFICATIONS MEASUREMENT AND PAYMENT
GENERAL
When the Contract Documents state that a certain item of work"shall be considered incidental to the
Contract", and whenever any aspect of work is not included in one of the pay items listed below, then the
cost of performing that work shall be included in the various bid prices of the Contract,and no separate
payment will be made.
Contractor shall include all costs of doing this work within the unit and lump sum bid prices in the
Proposal. If the Contract Documents require work that has no unit or lump sum bid item in the proposal,
costs shall be incidental and included within the unit and lump sum bid prices in the Proposal.
For items listed below as being paid by"Force Account"or"Estimate",to provide a common basis for all
bidders, Owner has estimated and included in the Proposal, dollar amounts for those items. All such
dollar amounts are to become a part of Contractor's total bid. However,Owner does not warrant
expressly or by implication that the actual amount of work will correspond with those estimates. Payment
will be made on the basis of the amount of work actually authorized by Engineer, in accordance with
Section 1-09.6 of the Standard Specifications.
BID SCHEDULE ITEMS
The following subsections correspond to the items on the bid schedule and shall be paid based on the
conditions listed, and as detailed in the Standard Specifications for that item. The Section where the item
of work is discussed in the Standard Specifications and/or Special Provisions is shown in parentheses.
The Contract Price shall constitute full compensation for furnishing all plans, labor,equipment, incidentals
and materials, applicable sales tax for materials and equipment, and performing all operations required to
complete the work, as specified, as shown on the Contract Plans or as otherwise directed.
Notwithstanding the omission or mention of any incidental work,the Contract Price and payment shall
also constitute full compensation for all work incident or incidental to completion of the item, unless such
work is otherwise specifically mentioned for separate payment under another bid item. In the event any
work is required by the Specification or by the Proposal, or which is not directly incident or incidental to
the completion of any such item, the Contract Price of all enumerated items shall also constitute full
compensation for such work.
Unless a specific bid item for the following work has been provided in the Proposal/Construction Contract,
or the work has been specifically included in a bid item, such work shall be considered incidental to and
included in the various bid items of work:
• Furnishing Manufacturer's Certificates of Compliance;
• Clearing and Grubbing;
• Disposal of Waste Materials;
• Haul;
• Watering;
• Dust Control and
• Trimming and Cleanup.
• Locating existing underground facilities and determining their precise location (i.e."potholing") of
the underground facilities, which have been marked in advance of the work, in order to determine
their horizontal and vertical location in accordance with RCW 19.122.040.
No separate or extra payment of any kind shall be made for this work under this Contract.
BID ITEM NO. 1 —MOBILIZATION (1-09)
The lump sum price bid for mobilization/demobilization may include, but is not limited to, preconstruction
costs of preparatory work and operations by the Contractor and the removal of equipment and surplus
materials from the project site. The Contract Price per lump sum for mobilization/demobilization shall
constitute full compensation for all labor, materials and equipment required for:
• Premiums for bonding and insurance;
• Mobilizing labor, equipment, materials, supplies and incidentals to the project site(s);
• Preparatory tasks prior to beginning production work on the bid items; and
• Demobilizing labor, equipment, materials, supplies and incidentals from the project site(s).
Mobilization/demobilization costs for all subcontracted work shall be considered included in the price bid
and no additional payment will be allowed.
The lump sum bid item "Mobilization/Demobilization (5% maximum)"shall be no greater than five (5)
percent of the sum of all other bid items excluding bid item Miscellaneous Work(force account) and
excluding tax. The City may disqualify bids which exceed this limit.
The payment schedule shall be as follows:
75%of the price bid after Contractor has submitted preconstruction photos, schedule, and traffic control
plan, and has mobilized equipment, materials and labor to the project site(s).
25%if the bid price after Contractor has demobilized all equipment, material and labor from the project
site(s).
BID ITEM NO.2—TRAFFIC CONTROL—FLAGGER LABOR (1-10)
Measurement and payment for this item shall be per hour in accordance with Section 1-10.5(2)of the
Standard Specifications. No price adjustments will be made for reducing or exceeding the hours shown in the
Specifications.The unit price for this item shall be a minimum of$37.26 per hour.
BID ITEM NO.3—PROJECT TEMPORARY TRAFFIC CONTROL (1-10)
The lump sum price shall cover the complete cost of furnishing, installing,and removing all traffic control
measures, including all costs for:
• WSDT certified Traffic Control Supervisor(TCS).
• Furnishing, installing, maintaining, and removing traffic control, construction warning, and detour
signs.
• Removing,salvaging, relocating,and re-installing existing roadway signs.
• Furnishing, installing, maintaining, and removing traffic cones, barrels, barricades,and the like.
• Furnishing, installing, maintaining, and removing steel plating, pins,shims, and all incidentals.
• Furnishing, installing, maintaining,and removing all temporary pavement markers and markings.
• Prepare, revise, and implement any traffic control/detour plans. This includes submitting the traffic
control plans to the City for review and approval Furnishing and installing all permanent pavement
markers and markings.
MEASUREMENT SHALL BE LUMP SUM WITH PARTIAL PAYMENTS FOR THIS ITEM MADE BASED
UPON WORK COMPLETED AS DETERMINED BY THE ENGINEER.
BID ITEM NO.4—WATER POLLUTION/EROSION CONTROL (1-07)
Water Pollution/Erosion Control shall not be measured for payment.
The Contract Price per lump sum shall include all costs for the work required to furnish, install, maintain,
and remove water pollution/erosion control measures for which a specific bid item has not been prepared,
all in accordance with these specifications and as directed by the Engineer.
Specifically included in, but not limited to,the Contract Price bid for this item are all costs for:
• Stockpiling the specified quantities of erosion control materials on site, ready for use;
• Street sweeping;
• Repair and maintenance of water pollution and erosion control BMP's if work is suspended;
• Included in the unit price shall be, but not necessarily be limited to: all necessary materials, labor,
and equipment to satisfactory place and maintain inlet protection as defined the Standard
Specifications and these Special Provisions.
BID ITEM NO.5—SAWCUTTING (7-09)
The Contract Price per linear foot for saw cutting to a depth 15"of pavement shall be full compensation
for all labor, material, incidentals, tools and equipment necessary to satisfactorily complete the work as
defined in the Standard Specifications and these specifications and as shown on the Contract Plans.
BID ITEM NO. 6—BYPASS PUMPING
By Pass Pumping shall not be measured for payment.
The Contract Price per lump sum shall be full compensation for all labor, materials, incidentals,tools and
equipment necessary to satisfactorily convey sewage around the sewer pipe being replaced.
BID ITEM NO.7—TRENCH/EXCAVATION PROTECTION (7-08)
Trench/excavation protection shall not be measured for payment.
The Contract Price per lump sum shall be full compensation for all labor, material, incidentals, tools and
equipment necessary to satisfactorily complete the work and ensure worker safety as defined in the
Specifications and as shown on the Contract Plans.
The cost of all trench/excavation protection for the entire project shall be included in the lump sum
Contract Price for Trench/Excavation Protection. In accordance with Chapter 39.04.180 RCW, a bid item
is provided in the Proposal/Construction Contract for the cost of trench/excavation safety systems for the
work performed under this contract meeting the requirements of Chapter 49.17 RCW.
BID ITEM No.8—UNSUITABLE FOUNDATION EXCAVATION Inc. HAUL (2-03)
Measurement and payment for"Unsuitable Foundation Excavation Inc. Haul"shall be per cubic yard as
measured in place from the bottom of Pavement Repair(subgrade)to bottom of excavation as directed
by the Engineer.
Included in the unit bid item price shall be, but shall not necessarily be limited to: all necessary materials,
labor, and equipment to satisfactorily complete roadway excavation, haul, and legal disposal in areas
which are deemed unsuitable by the Engineer.
The Contractor is advised that"Unsuitable Foundation Excavation and Haul" is contingent on the
presence of unsuitable foundation. A quantity has been provided solely to provide a common basis for
bidders. The quantity may be greatly increased or decreased or reduced to zero. The increase or
decrease in this quantity will not constitute a basis for claim by the Contractor for extra payment of
damages. Payment will be only for actual work performed based upon the unit contract prices and shall
be considered full compensation to the Contractor for the Work.
BID ITEM NO.9—GRAVEL BORROW Inc. HAUL (2-03)
Measurement and payment for"Gravel Borrow Inc. Haul"shall be per ton.
Included in the unit bid item price shall be, not shall not necessarily be limited to: all necessary materials,
labor, and equipment to satisfactorily complete roadway excavation to the required grades, procurement,
haul, placement and compaction of Gravel Borrow, and procurement and placement of Construction
Geotextile for Separation and Construction Geotextile for Stabilization as shown in the Plans.
The Contractor is advised that a portion of the quantity of"Gravel Borrow Inc. Haul" is contingent on the
presence of unsuitable foundation. A quantity has been provided solely to provide a common basis for
bidders. The quantity may be greatly increased or decreased or reduced to zero. The increase or
decrease in this quantity will not constitute a basis for claim by the Contractor for extra payment or
damages. Payment will be only for actual work performed based upon the unit contract prices and shall
be considered full compensation to the Contractor for the Work.
BID ITEM NO. 10—PVC PIPE SDR 35, 12" DIA FOR MAIN LINE (7-08)
BID ITEM NO. 11 —PVC PIPE SDR 35, 8" DIA FOR SIDE SEWER
BID ITEM NO. 12—PVC PIPE SDR 35,6" DIA FOR SIDE SEWER
No measurement shall be made for removal of existing street pavement, protection of existing utilities and
services,trench excavation, furnishing, placement and compaction of pipe bedding, and placement and
compaction of trench backfill.When listed as a separate pay item, other work (e.g. saw cutting) shall be
measured in accordance with the Standard Specifications as modified by these specifications.
The Contract Price per linear foot for installing PVC Sewer pipe of the size,type and class specified, shall
constitute full compensation for all labor, material and equipment required for:
• Excavating trench;
• Removing and disposing pavement, curbs, gutters, sidewalks,and the like;
• Trench dewatering (if required);
• Hauling and disposing of surplus and unsuitable excavated material;
• Furnishing and installing Sewer pipe;
• Placing and compacting pipe bedding and trench backfill;
• Replacing, protecting and/or maintaining utilities; and
• All complete in place,fully operational and ready for use.
Furnishing imported trench backfill will be paid for under the specific item set forth in the
Proposal/Construction Contract.
BID ITEM NO. 13—CLEANING AND VIDEOING OF 12" SEWER PIPE
The Contract Price shall be Force Account for all labor, material,tools and equipment for Cleaning and
Videoing of 384 feet of sewer main between manholes 1042 to 1043.
• Removing and disposing of waste at an approved location.
BID ITEM NO. 14—CONNECTION TO EXISTING SIDE SEWER WITH WYE AND ROMAC OR
STRONGBACK COUPLING (7-08)
The Contract Price per each shall be full compensation for all labor, material,tools and equipment,
including all incidental work, necessary to satisfactorily complete the work regardless of depth as defined
in the Standard Specifications and these specifications, as shown on the Contract Plans, and directed by
the Engineer.
The Contractor is reminded that specifically included in the unit price for Connection to the existing side
sewer are all costs for:
• Locating existing utilities and potholing in advance to determine their horizontal and vertical
location;
• Excavating trench;
• Removing and disposing of pavement;
• Hauling and disposal of surplus or unsuitable materials;
• Furnishing and installing wye and Romac or Strongback Coupling;
• Placing and compacting pipe bedding; and
• Placing and compacting trench backfill.
Furnishing imported trench backfill will be paid for under the specific items set forth in the
Proposal/Construction.
BID ITEM NO.15—CONNECTION OF PROPOSED 12" PIPE TO THE EXISTING 12" PIPE
The Contract Price per each shall be full compensation for all labor, material,tools and equipment for
connection of proposed 12"sewer pipe to the existing 12" pipe.
Payment for Connection of the proposed 12" Sewer Pipe to the existing 12"pipe shall be full
compensation for:
• Removing and disposing of pavement, curbing, gutters, sidewalks and the like(as needed);
• Excavation as needed;
• Providing and installing 12" Romac or Strongback couplings;
• Removing and disposing of waste, surplus or unsuitable materials;
• Placing and compacting backfill materials;and
• Replacing, protecting and/or maintaining utilities.
Furnishing imported backfill material, saw cutting pavement and PVC pipe will be paid for under the
specification
BID ITEM NO. 16—CRUSHED SURFACING TOP COURSE (4-04)
Measurement and payment for"Crushed Surfacing Top Course" shall be per ton. Included in the unit bid
item price shall be, but shall not necessarily be limited to:all necessary materials, labor, and equipment to
satisfactorily complete roadway excavation to the required grades, procurement, haul, placement,soil
residual herbicide treatment and compaction of crushed surfacing top course to the subgrade and/or
finish grade elevations shown on the Plans and specified herein.
Crushed Surfacing Top Course used as identified on the Plans under roadways, driveway entrances,
paving over existing gravel entrances, under curb and gutters, and for trench backfill shall be measured
under this bid item. The neat line pay limits for Crushed Surfacing Top Course is 5.50'of trench width.
BID ITEM NO. 17—HOT MIX ASPHALT HMA CLASS 1" PG 64-22 (5-04)
The Contract Price per ton shall be full compensation for all labor, material,tools and equipment,
including all incidental work, necessary to satisfactorily complete the work as defined in the Standard
Specifications, in these specifications and as shown in the Contract Plans.
The Contract Price per ton for Hot Mix Asphalt (HMA) shall be full compensation for:
• Furnishing, placing and compacting the Hot Mix Asphalt HMA;
• Furnishing, placing, and compacting incidental Hot Mix Asphalt HMA for pavement repair; and
• Feathering pavement and furnishing, tack coat and crack sealing asphalt.
BID ITEM NO. 18—RAISED PAVEMENT MARKER MATCH EXISTING (8-09)
The Contract Price for Raised Pavement Markers shall be done by Force Account and shall be full
compensation for all labor, material,tools and equipment necessary to satisfactorily Pavement markers
as defined in the Standard Specifications.The Force Account work shall include, but not be limited to, all
costs for:
• Surface cleaning and preparation;
• Pre-mark layou
• Furnishing and appl ing Raised Pavement Markers; and
• Protecting marking until dry.
•
1CH41 Michels Pipe Services
Ls 817 W.Main St.I PO Box 128
Brownsville,WI 53006
Ph:(920)583-3132 I Fax:(920)924-4320
PIPE SERVICES Email:cipp @michels.us I Web:www.michels.us
Surveyors Name Pipe Segment Reference Customer Date Time
Roman Ybarra 6 City of Tukwila 20160125 19:46
Up trea H Rim T. Inve (U) Do stream MH Rim To Invert(p Us a of Sewer Sha e
1042 8 1043 8 Sanita : Circular
Survey Direction Total Length Lengt irveyed Pre-Cleaning Weather W idth Height
Downstream 301.6 Jetting 12 12
Street Location Details
Andover Park E front of shasta building
Flow Control Purpose
Not Controlled Pre-Rehabilitation Survey
Additional Information
Incident Description: Tap. r Incident Descrt tion : General
Break—In / Hammer: A tit,: Observation °
Feet: 0221 .8 : Feet: 0300.9
Position: 3 Comments : Tract.r from to n
:'v Comments: Service r • a t 1 Istre,am . ih'
,, PVC
-
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, / t ,
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0221 .8 F '' ::.1 03. 0I . F 1tl
TBA - Tap, Break-in / Hammer: Active @ MGO - General Observation @ 300.9 ft.
221.8 ft. Service right, active, PVC Tractor from down stream manhole
- . 1
41 Incident Des ri •tl •n: ole InPipe'
Feet: 0301 .6 ,
Position: 5 to 8
' C, ie t,7 : �:
: :o • u issln • ° `
m ,
Invalid Frame
. �.
t ., } _ -1..r. -ax- , '. ,
0301 .6 F_
HSV - Hole in Pipe: Soil Visible @ 301.6 ft. AEP - Access Point - End of Pipe @ 301.6
Bottom missing ft. can not continue due to hole in pipe
Generated on Monday, 1/25/2016 at 10:08 PM by the PipeTech®TV inspection system.
I ._ ■
TOP OF TRENCH
1.3 X'DEPTH'(MAX.WIDTH)
PAVEMENT PATCHING
(SEE RS-03)
-
BACKFILL - ' IN
GRAVEL BACKFILL FOR 1
PIPE ZONE BEDDING • • - • • - • • - • 12"MIN
PER 9-03 12(3) - • • - • • {
BEDDING PIPE OUTER DIA
i I j
. . - . - . - 4"MIN
f
OUTER DIA +24"(MAX.WID H)
BOTTOM OF TRENCH
NOTE:
1. ALL BACKFILL SHALL BE 518"CRUSHED ROCK COMPACTED TO 90%MODIFIED PROCTOR
OPTIMUM DENSITY.
2 REFER TO RS-03 FOR PAVEMENT PATCHING.
3 PAVED AREAS: BACKFILL WITH CRUSHED ROCK
4 UNPAVED AREAS: BACKFILL WITH NATIVE MATERIAL OR CRUSHED ROCK
NOT TO SCALE
QL4 TRENCH
4. a� 1.IA City of BEDDING AND BACKFILL
�,, y City J. SHEET: WS-18
' '849' Tukwila REVISION 111: 02-2014 LAST REVISION: 04.08
loco APPROVAL: R.TISCHMAK, CITY ENGINEER
■
ASPHALT CONCRETE OR BITUMINOUS
PLANT MIX REPLACEMENT PATCH
CUT WITH PNEUMATIC CONCRETE 150%OF SAW CUT
PAVEMENT CUTTER EXISTING DEPTH
EXISTING ASPHALT PAVEMENT - EXISTING CONCRETE PAVEMEN1
A.ilil-lili/itililitililililil I
EXTRA RIGID BASE
5/8'MINUS COMPACTED \\\ 5/8"MINUS COMPACTED
CRUSHED ROCK UNLESS / CRUSHED ROCK UNLESS
OTHERWISE ORDERED BY OTHERWISE ORDERED BY
THE CITY \ / THE CITY
DEPTH DETERMINED
BY CITY
TYPICAL PATCH FOR RIGID PAVEMENT
ASPHALT CONCRETE OR BITUMINOUS
PLANT MIX REPLACEMENT PATCH SAW CUT
SAW CUT 150%OF EXISTING DEPTH
EXISTING ASPHALT
PAVEMENT
EXISTING OIL MAT
6'
5/B'MINUS COMPACTED
CRUSHED ROCK UNLESS
OTHERWISE ORDERED BY \\\ /// 5/8'MINUS COMPACTED
THE CITY \ ,I CRUSHED ROCK UNLESS
OTHERWISE ORDERED BY
s)." / THE CITY
— — — —— — — — — — — ——
TYPICAL PATCH FOR FLEXIBLE PAVEMENT
NOTES:
1. ALL WORK TO CONFORM TO THE CURRENT WSDOT/APWA STANDARD SPECIFICATIONS FOR
ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION.
2. A MINIMUM OF A ONE YEAR GUARANTEE IS REQUIRED ON ALL PAVEMENT PATCHING AND
OVERLAYS.
3. CONTROLLED DENSITY FILL IN PLACE OF CRUSHED ROCK MATERIAL MAY BE REQUIRED IN
CASES OF RECENT PAVEMENT OVERLAY, OR AS DIRECTED BY CITY ENGINEER.
NOT TO SCALE
�4:111L' a1 PAVEMENT RESTORATION
,x City of
0
'.� SHEET: RS-03
�� •S Tukwila REVISION #1: 08.03
1 9O8 APPROVAL: B. SHELTON
I ■
{ 15' 24' 15' 1
M • • • • a M • • • •
H H 1 SBY
1- 27' 1
III • • • • • • • •
1 1-3, SSY LEGEND
DSY- DOUBLE SOLID YELLOW
SSY- SINGLE SOLID YELLOW
E 39'
SSW-SINGLE SOLID WHITE
1 SBW-SINGLE BROKEN WHITE
SBY - SINGLE BROKEN YELLOW
U • • • • • • • •• • • • • ■
1 H3' , SSY' • TYPE 2YY REFLECTOR
• TYPE#1 YELLOW TRAFFIC BUTTON
I o TYPE#1 WHITE TRAFFIC BUTTON
27 1
❑ TYPE 2WW REFLECTOR
■ • • • • • • • • ■
8"(TYP.)
f U • • • • • • • • III
DIRECTION OF TRAVEL
H H-s'
DSY
THIS SPACING SHALL BE USED ONLY
WHEN THE(SSY) IS USED IN
27' CONJUNCTION WITH THE (SBY)
❑ o o H 3' o o o o o ❑
H SSW
15 1 24' I 15' 1
000000 ❑ 0 0 0 0 ❑
H-3' SBW
NOTES:
1. ALL PAVEMENT MARKINGS TYPE 1 AND TYPE 2 SHALL MEET THE REQUIREMENTS OF
THE APWANVSDOT STANDARD SPECIFICATIONS AND DETAILS.
NOT TO SCALE
�OtQL1 • RAISED PAVEMENT MARKER
t. �s '` City of
d •'.0 y SHEET: RS-13
}4 Tukwila REVISION #1: 08.03
�' 10O8' APPROVAL: B. SHELTON
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�r,}(EL Michel's Pipe Services
S 817 W.Main St.I PO Box 128
� Brownsville,WI 53006
Ph:(920)583-3132 I Fax:(920)924-4320
PIPE SERVICES Email:cipp @michels.us I Web:www.michels.us
Surveyors Name Pi e Segment Reference Customer Date Time
Roman Ybarra 6 Cit of Tukwila 20160125 19:46
Upstream MH Rim To Invert(U) Downstream MH Rim To Invert(p) Use of Sewer Sha e
1042 8 1043 8 Sanita Circular
Survey Direction Total Length Length Surveyed Pre-Cleaning Weather Width Height
Downstream 301.6 Jetting 12
12
Street Location Details
Andover Park E front of shasta buildin
Flow Control Pur ose
Not Controlled Pre-Rehabilitation Survey
Additional Information
Ftg. Code Description Position Comment
•0.0 AMH Access Point-Manhole Starting Manhole:1042
ItIP •0.0 MWL Water Level
V
•95.3 TBA Tap,Break-in/Hammer:Active 9 Service left,active,PVC
•127.4 TBA Tap,Break-in/Hammer:Active 3 Service right,active
1(
•221.8 TBA Tap,Break-in/Hammer:Active 3 Service right,active,PVC
i •300.9 MGO General Observation �,, Tractor from down stream manhole
•301.6 HSV Hole in Pipe.Soil Visible 5 to 8 Bottom missing
\ •301.6 AEP Access Point-End of Pipe can not continue due to hole in pipe
Generated on Monday, 1/25/2016 at 10:08 PM by the PipeTech®TV inspection system.
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`—' CITY OF TUKWILA cd
Document A312 TM _ 20"10
'Conforms with The American In`stituteof Architects:AlA Doc;um:ent 312
Performance Bond Bond No: 2211004
CONTRACTOR: SURETY:
(Name,legal status and address) (Name;legal status a ridpriricfpal place"ofbusiness)'
R.L.Alia Company North American Specialty Insurance Company
107 Williams Ave.S. 650 Elm Street T'his,document has important legal
Renton,WA 98055 Manchester,NH 03101 consequences.Consultation with
an attomey is encouraged with
respect to its'completion or
;modification.
OWNER: Any singular reference to
(Name,legal status and address) .Contractor;Surety,°Owner:ar
City of Tukwila other party shall be considered:
ty plural where.applicahle.
6200 Southcenter Blvd
Seattle,WA 98188
CONSTRUCTION:CONTRACT`
Date: /(pine
Amount:=$$69,717.56
Description; CBD Sanitary Sewer
(Name and location).
BOND
Date: 311(491/40
(Nbt earlier.than Construction Contract Date)
Amount:$69,717.56
Modifications to this Bond: ® None [ See.Section 16' ' f.
CONTRACTOR AS PRINCIPAL SURETY
Company /C.,.orate;Se.1) Company. (Corporate Seal')-
R.L.Alia Company North American Specialty Insurance Company
Signature: Apr Signature.
Name ROcta/q 211 L. Si per Name' oger R.Kaltenbach
4ndTitle: and Title:• Attorney-in-Fact
(Any additional signatures appear'on:the,last page.ofthis'Performance.Bond)
(.FOR INFORMATION ONLY Name,.address and;telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party.)
Parker I Smith I Feek
2233 112th Ave.N.E.
Bellevue,WA 98004
(425)709-3600
3-1852/AS 8/10 Page 1:of 4
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference-among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,-within five(5)business days after receipt of
the Owner's notice,request such a conference.If the Surety.timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the'Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;.and
.3 the Owner has agreed to pay the Balance of the ContractPrice in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform.the Construction Contract.
§4 Failure on the part of.the.Owner to comply with the notice requirement in Section 3:1"shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from-its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 Wheri the Owner has satisfied the conditions of Section 3,the Surety shall'prorirptly and at the Surety's'expense take one of the following actions:
§5.1 Arrange for the.Contractor,with-the consent of the Owner,to perform and complete the Construction Contract,
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or:independent contractors;
§5.3'Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a'result of the
Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be-liable to the Owner and,as soon as practicable after the amount is
.determined,make payment to the Owner;or
..2 Deny liability in whole or in part and notify the`Owner,citing the reasons for denial,
§6 If the Surety does not proceed as provided in Section 5 with-reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days'after receipt of an additional.written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be'entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
8-1852/AS 8/10 Page 2 of 4
§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.Subjectto 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 limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on account of 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 changes of time,to the Construction Contract or to related.subcontracts,purchase
orders arid other obligations..
§11:Any proceeding,legal or-equitable,under this Bond may be: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 Suretkrefuses or fails to perform its obligations under this Bond,whichever occurs first.If the
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.
§12 Notice to the'Surety,the Owner or the Contractor shall bemailed or delivered to the address shown on the page ou which their signature
appears.
§'13 When this Bond has been furnished to comply with a statutory or other legal requirement in 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 other legal requirement shall,be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as astatutory 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,which has not been remedied or waived,.to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction.Contract.
14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8/10 Page 3 of 4
Modifications to thfs bond.are.as follows:
(Space is provided.below for,addiiionatqignatures-ofaddecipwties;Other Man.:those appearing on ihe coyer page)
CONTRACTOR:AS PRINCIPAL SURETY
,company (Corporate Seal) -Company (Corporate Seal)
Signature: Signature
l\latne and Nam a:and Title.:
,Address Address
S-4852/AS 8/1,0 Page A of 4..
Document A312 TM — 2010
Conforms with The American.institute of Architects AIA:Document 312
Payment Bond Bond No: 2211004
CONTRACTOR: SURETY:
Warne,legal status and address) (Name,:legal status and print Oaf place'ofbusiness)
R.L.Alia Company North American Specialty Insurance Company
107 Williams Ave.S. 650 Elm Street This document has important legal
Renton,WA 98055 Manchester,NH 03101 consequences, with
an':attomeyis encouraged)with
respect to•itscompletion or
modification.
OWNER: Any singular reference to
(Name,legal status and address) Contractor,Surety,.Owneror
City of Tukwila other party shall be considered:
plural where applicable:
6200 Southcenter Blvd
Seattle,WA 98188
CONS RUCTION CONTRACT`
Date 3JMite
Amount$69,717.56
Description: CBD Sanitary Sewer
(Name a!id location):
BOND
Date: 311() I I(P
(Not:earlier than Construction Contract Date)
.Amount:$ $69,717.56 - - -
.Modificai onstothis.Bond:: tij None I=1 See:Section,l'8
-
CONTRACTOR:AS PRINCIPAL SURETY
Company ( oar, eal) Company.. .(Corporate Seal)'
R.L.Alia Company North American Specially Insurance Company
Signature: Signature
Name RicWWI L. 404, PRES, Name N+T Roger R.Kaltenbach
and Title: and'Titie:
Attorney-in-Fact
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY —Name,;address and telephone):
AGENT or BROKER: OWNER'S REPRESENTATIVE:.
(Architect,Engineer or other party)
Parker I Smith l Feek
2233 112th Ave.N.E.
Bellevue,WA,98004 (425)709-3658
(425)709-3600
8-2149/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished.for use.in the performance of the Construction Contract,which is.incorporated herein by reference,
subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands;liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's.propertyby any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in..Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify arid hold
harmless the Owner against a duly tendered claim,demand,lien or suit
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do riot have'a direct contract with.the Contractor,
.1 have furnished a'written notice of non-payment to'the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for.whom the labor was'done or
performed,within ninety(90):days after having last performed labor or last funiished materials or equipment included in the Claim;
and
.2 have sent a Claim to the'Surety.(at.the address described in Section 13).
§5.2:Claimants;who are employed by or have a direct:contract with the:Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section.5.1.1 is given by the Owner to the Contractor_that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payrrient under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following:actions:
§7.1 Send an answer to the Claimant,with a copyto the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for Challenging any amounts that.are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses.the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall'indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be.due'and owing to the Claimant.
§8 The Surety's total.obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made'in good faith by the Surety..
•
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and.to satisfy claims,if any,under any construction performance bond.By the:Contractor furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in.the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to'use the funds for the completion of the work.
5-2149/AS 8/10
§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 in a court of competent jurisdiction in the state in which.the
project that is 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)first occurs.If the provisions of this 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.
§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 which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance.as of the date received.
§14 When this Bond has been furnished to-comply with a statutory or other legal requirement in 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 other legal 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 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant_.
.2 the name of the person for whom the labor was done,or Materials 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 description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount by the Claimant for labor,Mate'
aterials Or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant,and
:8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished,as of the date of the Claim.
§16.2 Claim ant.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 engineering 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 between the Owner.and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
8-2149/AS 8/10
'§-16.4 Owner Default.:Failure of the Owner,Which has not been reniedied or waived,to pay the Contractor dS''required under the:Constft ction
Contract or to perform and complete or:cornply with the:other material:terms:of.the Construction.Contract.
§16.5'Co ntract Documents.All the.documentstl at comprise th'e agreement between Owner andContractor.
6:17 If:th s Bond.is`issued.for'an agreement between aContractor a ndtsubcontractor;the'term.Contractor in.this Bond shall.be deenied.to be:
Subcontractor and the term Owner shall be deemed to be:Contractor.
§ 1:$Modifications to'thia bond are as follows:
(Space is proviiled below.for:additional signatures of addetlpa•ties,.other than those appearing on:the cover page.).
CONTRACTOR`AS PRINCIPAL SURETY
•Company: (Corporate Seal): Company. • (Corporate.:Seal)
Signature: . Signature:
Name and.Title: Name.andTitle:
Address Address
S=2149/AS 8/10.
• NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland
Park,Kansas each does hereby make,constitute and appoint:
SUSAN B.LARSON,SCOTT FISHER,JILL A.BOYLE,MINDEE L.RANKIN,DEANNA M.FRENCH,RONALD J.LANGE,ELIZABETH R.HAHN,JANA M.ROY,
ROGER R KALTENBACH,GUY P.ARMFIELD,SCOTT McGILVRAY and LAWRENCE J.NEWTON JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
�i10111U111!/! 00111tuannni
°
\ate t......
= •G ��•;' .�\"� SEAL L 6`: Steven P.Anderson,Senior Vice President of Washington International Insurance Company �� �C,'�y'ti
4 SEAL �•Z 2 Gll :m? &Senior Vice President of North American Specialty Insurance Company . A.r SEAL �_�-
O S,,.AL :n= =o:
G: t�73 :m c �j 7C)_ &Senior Vice President of�W/✓es tjport Insurance Corporation
tt:'1� �in• / !f� 2�
AMPS•' ` P%-.�4NtJ�T a By 's .002,
- • i;boN1�lIj344�" Mike A.Ito,Senior Vice President of Washington International Insurance Company #
&Senior Vice President of North American Specialty Insurance Company
&Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this
this 8th day of September ,20 15
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 8th day of September ,2015 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who
being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL ^,
� '4
M KENNY L .1 .i _.
NOTARY PUBLIC,STATE OF ILUNOiS •
MY COMMISSION EXPIRES 12/00017 M.Kenny,1Notary Public I^
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this ILE day of AC/,-- ,20 16
Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Gm, my&
North American Specialty Insurance Company&Vice President&Assistant Secretary of Westport Insui ace Corporatii