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HomeMy WebLinkAbout20-077 - R. L. Alia Company - 2020 Strander Boulevard and Andover Park East Sewer Repair20-077 Council Approval 7/20/20 C-1 AGREEMENT FORM CONTRACT NO. 20-077 THIS AGREEMENT is made and entered into on this 26th day of August , 2020 , by and between the City of Tukwila, Washington ("Owner) and R. L. Alia Company ("Contractor"). Now, therefore the parties agree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR Project No. 91140203, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Supplemental General Requirements. 2. Payments. Owner shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment. The payments to Contractor include the costs for all labor, tools, materials, and equipment for the Work. 3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed date. The Work under this Agreement shall be completed within the time specified in the Proposal. If the Work under this Agreement is not completed within the time specified, as detailed in the Contract Documents, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to Owner as specified in the Proposal. 4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement, except as expressly provided in this Agreement. 6 Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. CITY OF TUKWILA, WASHINGTON (Owner) C.-4(C~ 065e/cg By: Mayor R, L-41-171 (0./4mAy (Contractor) , By: Title: Attest: This 26th day of August , 2020 Attest: This /0)-# day of 74/64-s-r 20 20 Oh4e4t9 C.,47(eth&t re9 City Clerk Approved as to Form' a/Y-1; Q5)&d-tee City Attorney Address for giving notices: „ e ,r/ Cd,p`i///1 e2 'r Contractor's License No. RL4L-1---citIDOPT Address for giving notices: /43/ .Sc_-' aLsr 5r klEAtrav t1t/4 ?Fo_51.- (':;41/ (1) 7 Al /7" 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 C-2 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. 2309353 We, R.L. Alia Company , and North American Specialty Insurance Company (Principal) (Surety) a New Hampshire corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington ("Owner"), in the penal sum of Two Hundred Fifty Eight Thousand Eight Hundred Thirty Dollars and 00/100 !Dollars ($ 258,830.00 ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Payment and Performance Bond is provided to secure the performance of Principal in connection with a contract dated August 26 , 20 20 , between Principal and Owner for a project entitled 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR, Contract No. 20-077 ("Contract"). The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Payment and Performance Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; • Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, arid materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and • Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages, and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. This bond shall remain in effect for one (1) year after Final Acceptance of the Contract at ten percent (10°/0) of the Total Bid Price, including sales tax, to insure against all defects and corrections needed in the material provided or workmanship performed. The liability of Surety shall be limited to the penal sum of this Payment and Performance Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Payment and Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Payment and Performance Bond shall automatically increase in a like amount. 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 4 SWISS RE CORPORATE SOLUTIONS 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 Kansas City, Missouri 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 Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: SUSAN B. LARSON, SCOTT FISHER, MINDEE L. RANKIN, DEANNA M. FRENCH, RONALD J. LANGE, ELIZABETH R. HAHN, JANA M. ROY, ROGER R. KALTENBACH, GUY P. ARMFIELD, SCOTT McGILVRAY, ANDREW P. LARSEN, NICHOLAS FREDRICKSON, JOHN R. CLAEYS, CARLY C. FEHRINGER, AND SCOTT GARCIA 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 Attomey 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 he 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." '1%9NAL 4, SEAL I By Steven P. Anderson, Senior Vice President of Washington international insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By 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 rN 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 30TH day of MAY , 20 19 . State of Illinois County of Cook On this 30THday of MAY , 20 19 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 Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission Expoics 1=4/2021 M. Kenny, Notary Public 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 day of , 20 .1177-42./ Jeffrey Goldberg. Vice President & Assistant Secretary of Washington Intematioual Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport insurance Cmporation ACORD CERTIFICATE OF LIABILITY INSURANCE TE DA08/03/2020 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: PNONE 425-709-3600 FAX 425-709-7460 No EXtI: (A/C, No): E-MAILE-M ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A : American Family Home Insurance Company INSURED R.L. Alia Company 10831 S.E. 181st St. Renton, WA 98055 INSURER B : Berkley National Insurance Company INSURERC: Navigators Specialty Insurance Company INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRLT TYPE OF INSURANCE ADDL INSR WVD POUCY NUMBER EFF (MM/DD/YYYY) POUCY EXP D/POLICY (MM/DYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X 88A5GL000089601 10/01/2019 10/01/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1 000 000 CLAIMS -MADE (K OCCUR MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES K PRO- JFr:T I PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE K — __...... LIABILITY ANY AUTO ALL OWNED SCHEDULED X 88A5CA000053901 10/01/2019 10/01/2020 (C.OMBLNaccidentSiNGLE LIMIT $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B K UMBRELLA LIAB EXCESS LIAB K OCCUR CLAIMS -MADE X MKC1110004700 10/01/2019 10/01/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED K RETENTION$ $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below y / N N / A 88A5GL000089601 ** WA Stop Gap/Employers Liability 10/01/2019 10/01/2020 WC STATU- K OTH- TORY I IMLTS FB _ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Pollution Liability Pollution Liability MP2OECPZO4V7XIC 03/13/2020 03/13/2021 $2,000,000 Each Incident/$2,000,000 Aggregate - $10,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project No.: 91140203 2020 Strander Boulevard and Andover Park East Sewer Repair City of Tukwila and its officers, elected officials, employees, agents, and volunteers, and RH2 Engineering, Inc. are additional insureds on the general liability, automobile, and excess liability policies per the attached endorsements/forms... (See Attached Description) CERTIFICATE HOLDER CANCELLATION City of Tukwila 6200 Southcenter Blvd Tuckwila, WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 3 of 20 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD (EJK00) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 20 (EJK00) DESCRIPTIONS (Continued from Page 1) Coverage is primary and non-contributory on the general liability, automobile, and excess liability policies per the attached endorsements/forms. 5 of 20 (EJK00) THIS PAGE INTENTIONALLY LEFT BLANK 6 of 20 (EJK00) POLICY NUMBER: BBASGLOOD0896-01 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) As Required By Written Contract Locatlon(s) Of Covered Operations Information required to complete this Schedule, it not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damageor "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "properly damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: It coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ()Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 88A5GLO000896-01 COMMERCIAL GENERAL LIABILITY CC 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction ProJect(s): All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1 - Coverage A, and lor all medical expenses caused by accidents under Section 1 - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or 'suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown In the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit, 'Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1 - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A tor damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. ff the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Olfice, Inc., 2008 CG 25 03 05 09 El COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 THIS PAGE INTENTIONALLY LEFT BLANK 12 of 20 (EJK00) COMMERCIAL AUTO AU 2003 (12/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS Named Insured R.L. Alia Company Endorsement Number 0 Policy Number 88A5CA0000539 Countersigned by (Authorized Representative) Endorsement Effective The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM WHO IS AN INSURED (Section II — COVERED AUTOS LIABILITY COVERAGE - Subsection Ai.) is amended to include as an insured any person or organization for whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only to the extent that person or organization qualifies as an insured under WHO IS AN INSURED of Section II — COVERED AUTOS LIABILITY COVERAGE. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be primary in which case any other insurance available to the additional insured shall be considered excess and non-contributing. AU2003 (12113) All Other Terms and Conditions Remain Unchanged. Copyright, American Alternative Insurance Corporation, 2013 All rights reserved. Ircludes copyrighted material of Insurance Services Otlice, Inc., with its permission. Page 1 of 1 13 THIS PAGE INTENTIONALLY LEFT BLANK 14 of 20 (EJK00) COMMERCIAL AUTO AU 2003 (12/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS Named Insured R.L. Alia Company 0 Endorsement Number Policy Number 88A5CA0000539 Countersigned by (Authorized Representative) Endorsement Effective The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM WHO IS AN INSURED (Section II — COVERED AUTOS LIABILITY COVERAGE - Subsection A.1.) is amended to include as an insured any person or organization for whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only to the extent that person or organization qualifies as an insured under WHO IS AN INSURED of Section II — COVERED AUTOS LIABILITY COVERAGE. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be primary in which case any other insurance available to the additional insured shall be considered excess and non-contributing. AU2003 (12/13) All Other Terms and Conditions Remain Unchanged, Copyright, American Alternative Insurance corporation 2013 All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 1:1 THIS PAGE INTENTIONALLY LEFT BLANK 16 of 20 (EJK00) (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides uswith written authorization to: (a) Obtain records and other information related tothe ^euit'; and (b) Conduct and control the defense of the indamnniteoinsuch ^muit' 8o long as the above conditions are met, attorneys' fees incurred by us in the defense of that indannnitaa. necessary litigation expenses incurred byuaand necessary litigation expenses incurred by the indemnitae atour request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an inmunad'o indamnitee and to pay for attorneys' fees and necessary |/Ugstmn expenses as Supplementary Payments ends when wehave used upthe applicable /imitof insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f.above, are nolonger met. SECTIONY|—WRHO IS AN INSURED t Except for liability arising out of the ownarahip, maintenance oruse cf"covered outoo^: a. Ifyou are designated inthe Declarations as: An individual, and your spouse are insureds, but only with respect to the conduct ofabusiness ofwhich you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also inouneda, but only with respect to the conduct of your business. /4 limited liability company, you one an insured. Your members one also innunado, but only with respect tothe conduct pfyour business. Your managers are insuredm, but only with respect to their duties as your managers. (4) An organization other than o partnerohip, pint venture or |hnbed liability you are an insured. Your "executive officers" and directors are inouredo, but only with respect to their dudes as your officers or directors. Your mboohho|doro are also insunadn, but only with respect to their liability as stockholders. (1) (3) (5) Atrust. you are an insured. Your trustees are also inourade, but only with respect to their duties outrustees. b. Each ofthe following iaalso oninsured: (1) Your "volunteer wmrkera" only while performing duties related to the conduct of your busineos, or your "employees", other than e�hnryour ''executima officers" (if you are an organization other than o portnermhip, joint venture or !imbed |iobiUb/ company) or your managers (if you are e limited liability company), but only for ct within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (s) "Bodily i or "personal and advertising injury": (i) Toyou, to your partners or members (if you are o partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your (ii) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" oeoconsequence ofParagraph (a)(i) above; or (HQ For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (a)(i) or(ii) above. (b) "Property damage" toproperty: (i) Owned, occupied orused by; (iQ Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you any cdyour '\amployaeo'."volunteer wmrkems^, any partneror member (if you are m partnership or joint venture), or any member (if you are olimited liability company). (2) Any person (other than your "employee" or "volunteer worhor"), or any organization while acting ooyour real estate manager. Page 10 of 18 CInsurance Services Office, Inc., 2012 CUo0 01 04 13 17of 20 (EJxQO) (3) (3) Any person or organization having proper temporary custody of your property if you die, but only: (m) With respect toliability arising out cfthe maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) Your legal representative ifyou die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. o. Any organization you newly acquire or form, other than opartnership, joint venture orlimited liability oompmny, and over which you maintain ownership or majority /ntanaot, will luaify as o Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 80th day after you acquire or form the organization or the end of the policy period, whichever iaearlier; (2) Coverage Adoes not apply to"bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the mwnmrehip, maintenance or use of "covered autos": m' You are mn insured. b' Anyone else while using with your permission a "covered auto" you own` hire orborrow is also aninsured except: (1) The owner or anyone else from whom you hire or borrow e "covered auto". This exception does not apply if the "covered auto" iootrailer orsemitrailer connected to a"covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that mamember cf his or her household. Someone using a "covered auto" while he or she is working in a business of selling, aervioing, reporing, parking or storing ^outoa''unless that business imyours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to"bodily injury" to: (a) Any fellow of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, rentbrother o/ sister ofthat fellow "employee" a consequence ofParagraph (a)above. c Anyone liable for the conduct of an insured described above is also on insured, but only ho the extent of that liability, 3. Any additional insured under any policy of "underlyingautomatically be an insured under this insurance. Subject to Ganbon U| — Limits Of |nsuronce, if coverage provided to the additional insured i required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, |eum any amounts payable by any "underlying insurance"; or b. Available under the applicable Limits of Insurance shown inthe Declarations; whichever ioless. Additional insured coverage provided by this insurance will not be broader than coverage provided bythe "underlying inaunenoe" No person or organizationis an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 0Insurance Services Office, |mc..2O12 Page 11of18 COMMERCIAL EXCESS LIABILITY CXE 03 01 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Designated Additionat Insured Person(s) Or Organizations: As required by written contract with the insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph 8. Other Insurance of Section III - Conditions is deleted and replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Part. (2) The insurance provided under this Coverage Part will be on a primary basis and will not seek contribution from any other insurance available to an additional insured, provided that: (a) The additional insured is a Named Insured under such other insurance: (b) The additional insured is specifically listed in the Schedule above and for whom coverage is provided in this policy under Paragraph 1.d. Insuring Agreement of Section I - Coverages; (c) You have agreed in writing in a contract or agreement with such designated additional insured listed in the Schedule to provide additional insured coverage on a primary and noncontributory basis; and (d) Only if the applicable "controlling underlying insurance" also provides such coverage and on a primary and noncontributory basis specifically for such designated additional insured listed in the Schedule, and only once the applicable limits of "controlling underlying insurance" have been exhausted in the payment of judgments, settlements and other expenses as applicable. Subject to Section II - Limits Of Insurance, the most we will pay on behalf of such additional insured is the amount of insurance required by the contract or agreement for the coverage afforded under this policy, or the available Limits of Insurance afforded under this policy that are applicable, whichever is less. When this insurance is excess, we will have no duty to defend the insured or designated additional insured against any suit if any other insurer has a duty to defend the insured or designated additional insured against that suit. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured's or designated additional insured's rights against all those other insurers. b. When this insurance is excess over the other insurance, we will pay only our share of the "uftimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self -insured amounts under all that other insurance CXE 03 01 10 17 Copyright, American Alternative Insurance Corporation, 2017 Page 1 of 1 lncludes copyrighted material of the Insurance Services Office, Inc., with its permission THIS PAGE INTENTIONALLY LEFT BLANK 20 of 20 (EJK00) P-1 PROPOSAL (unit price) Contractor's Name (2 Contractor's State License No. L LA (3-104 fl" City of Tukwila Project No. 91140203 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR, which project includes but is not limited to: Construction of approximately 115 linear feet of sewer improvements within the right-of-way of Strander Boulevard and Andover Park East including, but not limited to, replacing existing asbestos cement and PVC sewer main with PVC pipe and other work necessary to complete the Work as specified and shown in the Contract Documents. The basis for contract award will be the Base Bid. A description of Bid Alternate No. 1 is as follows: Bid Alternate No. 1 includes dewatering vacuum wellpoint systems, in case these systems are needed to support the sumping for the dewatering on this project for the sewer main replacements. The Bidder has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one) bid bond or 0 cash, 0 cashier's check, 0 certified check, or 0 postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within thirty (30) working days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. 2020 Strander Boulevard and Andover Park East Sewer Repair Rev, 5-13-14 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR BASE BID Project No. 91140203 Note� Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price nhe|| prevai|, and totals shall be corrected to conform Item No Item Description Quantity Unit Unit Price Amount 1. Mobilization 1 LS ~�/�.Q�x�' -7�L},06C�' 2. Traffic Control -F|agger Labor (Minimum Bid of $43.11) 160 HOUR ~ ~ 7�L>(� ' 3 � Temporary 1 L5 8�- ~ 4. Temporary Erosion Control 1 LS 4^<5U0 - Li,5oo~ 5� Trench Safety and Shoring 1 LS -SO(3- -43,00- 6. Doweteringusing GumpingOnly Andover Park East Project Site 1 LS 7_^0Ly-)' - -7-,8cxt; 7. Dewatering using GunnpingOnly ' 8tronderBoulevard Project 8ite 1 LS . 8. Pothole Existing Utilities 9 EA ^ ~ Q. Provide, Install, and Manage Temporary Wastewater Bypasses 1 LS 10. 8' and 12'inch PVC Gravity Sewer Pipe 115 LF c\_L . 006- 11. Connect toExisting Sewer Main 3 EA 12. Reestablish N\HPenetrations 2 EA .^ 13. Crushed Surfacing Base Course Baokfi|| 450 TONS 14 � Foundation Material �OO CY - - 15 HK8Afor Trench Paving QO TONS � 1�'�~ 7)&-L .5,0~ 16. 6-inch Thick Crushed Surfacing Top Course SuboradeLayer 135 Sy ~ -]�C) ~ ~��, -lc3(3 17 Post -Construction and Video Inspection 1 LS -� 18. Restoration 1 L8 L1 , 006- LJ. U (]c)^ 19. Force Acoourt' Minor Changes 1 LS $15.000.00 $15 OOU.00 Subtotal 1O.O96Sales Tax $ S_�' '; ;C)~ 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 Proposal P-3 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR BID ALTERNATE NO. 1 Project No. 91140203 Note: Unit prices for all items, all extensions, and the total amount bid must be shown, Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Item No. Item Description Quantity Unit Unit Price Amount A6. Dewatering Vacuum Wellpoint System, if Needed to Support Sumping - Andover Park East Project Site 1 LS ' 000- I - A7. Dewatering Vacuum Wellpoint System, if Needed to Support Sumping - Strander Boulevard Project Site 1 LS Subtotal 10.0% Sales Tax $—z.,000 $ OD - Total Bid Alternate No. 1 (w/WSST) $ 7-'3° 2020 Strander Boulevard and Andover Park East Sewer Repair Rev 5-13-14 Proposal Signature Sheet Bids SubmittedComputer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the �forms above, may submit anoriginal computer printoutsheet with their bid, aslong asthe following requirements are met, 1. Each sheet of the computer printout must contain the exact same information as shown on the hard -copy bid form -P ��nt Name, �ohedu|e Name, column headinQs-intha order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed bythe appropriate officer ufthe firm. 3. If a computer printout is used, the Bidder must still execute that portion of the unit price Bid Form vvhich acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out oforder, �the bid be rejected by the �0*ner. The unit and lump sum pricesshmwn on acceptable printouts will be the unit prices used tntabulate the Bid and used in the Contract if bv th� (City. In the event ofconflict between the two, unit Bid prices will prevail over the extended (Tota|)prices. If the Bid submitted bythe bidder contains both the form onthese Bid Proposal sheets, and also a computer printout, completed according to the inmtructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FKRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unitand lump sumprices intended and that its Bid will be tabulated using these unit prices and no other information fromthio print-out. (YOUR�FIRMS NAME)mchnow|edgesandeOreesthatthatota|b|dannourtahovvnvviUbenaodmsitstota|bidandfurtheragroeaU`at the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the ne estimated qumn,iesshown nnthe Bid form then totaling all ofthe extended amounts. �1A W�> SSigned:fte; � Date: .7-V_2~` By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. 1 2 Date of Receipt Addendum No. 3 4 Date of Receipt hk3TEFailure boacknowledge ofAddenda may beconsidered memn irregulatity in the Bid Proposal and Owner reserves the right todetermine whether the bid will be By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The uretv Company which will furnish the required Payment and Performance Bond is Mk's r-IC' 9 "� .��� S(n)TO- P"m 'r-0-CiL of f\�jC Alf- 5 fwW� (Name) (Address) 2O2OS,mnderBoulevard and Andover Park East Sewer Repair Rov. 5'13'14 Proposal Signature Sheet P-5 Bidder: Signature of Authorized Official: Printed Name and Title: Address: CZ rA C6C11914•-"( PRiSsOC.p4T 108"),\ 5c )7051- 57 IZeopro,11/4UF %osse' Circle One: Individual / Partnership / Joint Venture Corporation Phone No.: (-11,S)-21-ta- Z100 State of Incorporation: k-AP050,INC,-Tot.1 Date: This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 P-6 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). -- OR -- Bid Bond: The undersigned, R.L. Alia Company (Principal), and North American Specialty Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent (5%) of the Total Amount of Bid --- dollars ($ ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR, Project No. 91140203, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 9th day of July , 2020 R.L. Alia Company North American Specialty Insurance Company rincipal Surety -\ BY ignature of Authorized Official A orney in Fact (Attach Power of Attorney) Deanna M. French PtEstoeq-r Title Name and address of local office of Parker, Smith & Feek, Inc. agent and/or Surety Company: 2233 112th Ave. N.E. Bellevue, WA 98004 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 SWISS RE CORPORATE SOLUTIONS 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 Kansas City, Missouri and Washington International Insurance Coinpany a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: SUSAN B. LARSON, SCOTT FISHER, MINDEE L. RANKIN, DEANNA M. FRENCH, RONALD J. LANGE, ELIZABETH R. HAHN, JANA M. ROY, ROGER R. KALTENBACH, GUY P, ARMFIELD, SCOTT MCGILVRAY, ANDREW P. LARSEN, NICHOLAS FREDRICKSON, JOHN R. CLAEYS, CARLY C. FEHRINGER, AND SCOTT GARCIA 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 pennitted 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 Attomey 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 Attomey 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." By Steven P. Anderson, Senior Vke President of Washington international Insurance Company & Senior Vice President of North American Specialty insurance Company & Senior Vke President of Westport Insurance Corporation By Mike A. Ito, Senior Vke 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 30TH day of MAY , 20 19 State of Illinois County of Cook On this30THday of MAY , 20 19, 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 Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation Notary Public . State ut My Commission EAp.i•-s OFFKIAL SEALU. M. KENNY 12/0442021 -Mr -••• -••• M. Kenny, Notary Public 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 9th day of July , 20 20 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company & Vice Resident & Assistant Secretary of Westport Insurance Corporation P-7 STATE OF WASHINGTON ) COUNTY OF KING NON -COLLUSION DECLARATION S S The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 2020 STRANDER BOULEVARD AND ANDOVER PARK EAST SEWER REPAIR, Project No. 91140203. Signed and sworn to before me on this 9.r# R_L- 1-1R CA Name of Firm Signature of Authorized Official Title day day of Signature of Notary Public in and for the State of Washington, residing at 5- My appointment expires: 25-2_3 \‘‘‘‘mmullii. % s PAN/04;44i SEALir .„.1414.4.7.;-/s,_ N,,,,,,, tr., olr440 1 t-A ef + A e .fu .. . 46214 .1, 1 (, 4 ca s .• .• A t totat.v- -f Z 11 ' V•e*25-21/2.1 iiiumwo• ..-, - . ult% S7 To repi:41141 INgoilg-of-tvities call: NOTICE TO ALL BIDDERS 1-800-424-9071 0 2e3° k /114 Cr The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 2020 Strander Boulevard and Andover Park East Sewer Repair Rev, 5-13-14 P-8 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: Address of Bidder: r41-trNi City Contractor's License No. t—PNL\ Cyr\ ou‘P•s' \A P\ ViSc State Zip Code WA State UBI No. (DOIL-10131% Dept. of L&I License Bond Registration No. Worker's Comp. Acct. No. Bidder is a(n): 0 Individual 0 Partnership 0 Joint Venture t Incorporated in the state of VON List business names used by Bidder during the past 10 years if different than above: NJ Pc Bidder has been in business continuously from 0(14 Year Bank Reference Bpot IP, en Fit.% - \*09-sorl 6a4A4c.0 • (.7.,o9-,oco, Bank Account Officer Officer's hone No. No. of regular full-time employees: t 00 2. Number of projects in the past 10 years completed: ahead of schedule on schedul — benind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for (-115 years. As a subcontractor for years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Lonq with Bidder \-TC1 Ps u\Pir F(ZoCt.T np.op,c,f(t. \-5 \fp D c Or) t 6c, \sorL4J U?EA-11\17 r•4 D frxr \) CIS (tEmPt1 t 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 Responsible Bidder Determination Form P-9 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? Eg Yes E No Surveyor's Name: Rmf,e‘tiv,i u rt,if 12441) List all those projects, of similar nature and size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years experience working on projects of similar nature and size. Year Contract Project Name Completed Amount Owner/Reference Name and Phone $VE- 1-"F;NC. tWO List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Project Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? No 0 Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? yNo 0 Yes If yes, please state: Project Name Contracting Party Bond Amount 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 Responsible Bidder Determination Form P-10 Has Bidder ever been found guilty of violating any State or Federal employment laws? ig No 0 Yes If yes, give details: Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? 0 No 0 Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? M No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? tig No 0 Yes If yes, please state: Date Type of Injury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: 9 OS -St 0 4,0 cr- Date: 7-q-20 2020 Strander Boulevard and Andover Park East Sewer Repair Rev, 5-13-14 P-11 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT ""Lo o \ Co (yval-cu 7-66C GOO I) 01"ir•J ()V5S Lo Ap re. 'LOU \ /- DUMP IRA& \JP,RAtit..3 ''') 0 'I (e, \ D\ \ls 9\ CILUP Labor to be used: cscYuTri1P,Sor.is fua G65.11.5 1--Pq5Gqi-osi 0 P (L(60-sk 9\ Ci- 1-(Alf(1-5 R6'15\c-- cr3 (1. 0 L. c, t., ame of Bidder Signature of Authorized Official Title 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 rJ�� �� /\Jv'' -)[lp~ (�� \\»JO��%_ ��\ �� =—''- `- Yp ` PROPOSED SUBCONTRACTORS NameofBidder (Z'\ ' /\L\p+ COmpp^ In accordance with RCVV 3930.060 as ornended, every bid that totals $1 million or more shall include below the names of the subcontractors with vvhonn the Bidder, if awarded the contract, will subcontract for performance of the work of: HV/VC (h*mbnO, vend|stion, and air conditioning); plumbing as described in chapter 18]06 RCVV; and electrical as described in chapter 19.28 RCVV or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid ahennateu, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder Schedule/Bid Item Numbers % of Name Subcontractor will perform Total Bid 2020 Strander Boulevard and Andover Park East Sewer Repair Rev. 5-13-14 R. L. ALIA COMPANY CONTRACTS COMPLETED Projects completed in the last 10 years: King Street Odor Control Facility — King County $3,900,000 (206) 263-3206 Randy Brunke Completed in November 2009, 75% with Alia forces 162"d Ave NE Storm Drain Repair — City of Woodinville $ 39,000 (425) 877-2291 Tom Hansen Completed in January 2009, 95% with Alia forces Hewitt Wharf Bulkhead Sinkhole Repair — Port of Everett $54,000 (425) 388-0624 Greg Dawsey Completed in January 2009, 95% with Alia forces Les Gove Neighborhood Improvements — City of Auburn $2,100,000 (253) 931-3010 Dave Roselle Completed in February 2010, 70% with Alia forces SW 98TH Street Pedestrian Improvements — King County $1,200,000 (206) 423-1061 Wes Chin Completed in February 2010, 85% with Alia forces BLID Structural Walk Replacement — City of Tacoma $1,700,000 (253) 591-5771 Mark Henry Completed in February 2011, 80% with Alia forces Tacoma Pipeline 5 "B" Street Intertie NW — City of Auburn $146,000 (253) 261-2576 Dave Roselle Completed in 2011, 85% with Alia forces Wastewater Sewer Replacement — City of Tacoma $138,000 (253) 377-3082 Toney Mathison Completed December 2010, 90% with Alia forces North Intermodal Yard Maintenance Paving — Port of Tacoma $350,000 (253) 428-8638 Jan Shawyer Completed October 2010, 50% with Alia forces City Hall Plaza Improvements — City of Auburn $1,200,000 (253) 931-3010 Mike Kamenzind Completed in 2011, 75% with Alia forces Page 2 24TH Street East Strom Drain Crossing — City of Sumner $140,000 (253) 299-5703 Ted Hill Completed January 2011, 60% with Alia forces China Lake Pump Station — City of Tacoma $165,000 (253) 594-7919 Lynn Strom Completed June 2011, 85% with Alia forces SW Sunset Blvd & Hardie Ave Pedestrian Improvements — City of Renton $114,000 (425) 430-7319 James Wilhoit Completed July 2011, 80% with Alia forces 2011 Sewer & Water Main Improvements — Northshore Utility District $730,000 (425) 398-4400 George Matote Completed September 2011, 90% with Alia forces Benson Road Watermain — City of Renton $630,000 (425) 430-7208 Andrew Weygandt Completed November 2011, 90% with Alia forces First Hill Booster Pump Station — City of Mercer Island $500,000 (206) 275-7806 Rona Lin Completed November 2011, 80% with Alia forces Interurban Ave Sewer Improvements — City of Tukwila $625,000 (206) 433-7194 Mike Ronda Completed December 2011, 90% with Alia forces Wastewater Sewer Replacement, 48TH to 54TH — City of Tacoma $475,000 (253) 606-5465 Sean Olson Completed February 2012, 90% with Alia forces Peasley Canyon Intersection Improvements — King County $652,000 (206) 423-1086 Jeff McCarthy Completed May 2012, 85% with Alia forces First Hill Water Main Improvements — City of Mercer Island $650,000 (206) 275-7806 Rona Lin Completed June 2012, 90% with Alia forces Cloverdale & Charlotte's Blueberry Park Improvements — Tacoma METRO Parks $213,000 (253) 305-1054 Kristi Evans Completed July 2012, 85% with Alia forces Page 3 City of Tacoma — Watermain Replacement & Wastewater Sewer Replacement WD12-0018F $1,640,000 (253) 502-8742 Gary Gates Completed March 2013, 85% with Alia forces City of Kent — 64TF1 Ave S Culvert/Channel Improvements $899,000 (253) 856-5542 Phil McConnell Completed November 2012, 90% with Alia forces City of Tacoma — Watettuain Replacement — 84TH & "D" Street — WD12-0086F $450,000 (253) 502-8742 Gary Gates Completed February 2013, 80% with Alia forces City of University Place — University Hills Sewer Extension $860,000 (253) 460-2528 Tim Coleman Completed May 2013, 85% with Alia forces City of Tacoma — Wastewater Sewer Replacement & Watermain Replacement PW 12-0331 F $1,620,000 (253) 954-6992 Maureen Dilley Completed July 2013, 85% with Alia forces City of Renton — Wells and Primary Disinfection $848,000 (425) 430-72XX Tom Malphrus Completed August 2013, 90% with Alia forces City of Tacoma — Platform Replacement $83,000 (253) 591-5304 Mike Bell Completed May 2013, 100% with Alia forces City of Tacoma — Ruston Watermain Replacement $800,000 (253) 502-8742 Gary Gates Completed October 2013, 90% with Alia forces City of Renton — Airport FBO Parking Lot Improvements $346,000 (425) 430-7471 Ben Dahle Completed October 2013, 85% with Alia forces City of University Place —19TH Street Sidewalk Improvements $120,000 (253) 460-2528 Tim Coleman Completed August 2013, 60% with Alia forces Snohomish County — SWM Culvert/Drainage Improvements $558,000 (425) 754-9935 Curtis Jasper Completed December 2013, 85% with Alia forces (Note — Culvert was furnished by the owner on this project) Page 4 Cross Valley Water District — Elliott & Connelly Road Watermain Relocation $74,000 (425) 485-8461 Gary Hajek Completed September 2013, 95% with Alia forces City of Renton — Renton Hill Alley Sewer Replacement $193,000 (425) 430-7279 John Hobson Completed December 2013, 90% with Alia forces City of Tacoma — 2013B Wastewater Main Improvements $640,000 (253) 502-2225 Drew Randolph Completed May 2014, 90% with Alia forces City of Monroe — East Fremont Street Road Improvements $1,295,000 (360) 794-7400 Jim Gardner Completed October 2014, 80% with Alia forces Pierce County — General Contractor Services — Wastewater Treatment Plant $200,000 (253) 798-2403 Sally Hunt Completed December 2014, 75% with Alia forces City of Renton — NE 5TH Place Storm Sewer Improvements & Edmonds Ave $1,400,000 (425) 430-7293 Daniel Carey Completed December 2014, 85% with Alia forces City of Auburn — Utility Physical Site Improvements $425,000 (253) 261-2576 Dave Roselle Completed December 2014, 60% with Alia forces City of Kent — 64TH Ave S Channel Improvements, UPRR Culvert $1,000,000 (253) 856-5542 Phil McConnell Completed December 2014, 90% with Alia forces Soos Creek Water & Sewer District — Lift Station 46 Conveyance $1,000,000 (425) 289-7342 Greg Hill Completed December 2014, 90% with Alia forces Olympic View Water & Sewer District — Sewer System Upgrades $570,000 (425) 637-3693 Craig Chritensen Completed December 2014, 95% with Alia forces City of University Place — Sunset Terrace Park Side Sewer Connection $33,900 (253) 460-2528 Tim Coleman Completed December 2014, 95% with Alia forces Page 5 City of Tukwila — Cascade View Elementary Safe Route $303,000 (206) 431-2454 Peter Lau Completed March 2015, 90% with Alia forces City of Tacoma — Wastewater Sewer Replacement Alleys I — L $265,000 (253) 594-7871 Lisa Oestreich Completed March of 2015, 90% with Alia forces City of Renton — Highlands to Landing Pedestrian Connection $1,246,000 (425) 430-7318 Keith Woolley Completed May of 2015, 70% with Alia forces City of Tukwila — Andover Park West & East Sewer and Manhole Repair $500,000 (206) 431-2441 Mike Cusick Completed July of 2015, 90% with Alia forces Northshore Utility District — Access Structures for 24" Inglemoor Transmission Main $64,000 (425) 398-4400 Dave Kaiser Completed September 2015, 95% with Alia forces City of Auburn — 30TH I Street NE Area Flooding, Phase lA $1,550,000 (253) 261-5057 Todd O'Brien Completed November 2015, 80% with Alia forces City of Kent — W Gowe Street Storm Drainage $320,000 (253) 856-5543 Paul Kuehne Completed November 2015, 65% with Alia forces City of Auburn — Sewer Pump Station Improvements $1,070,000 (253) 804-5063 Joel Chalmers Completed February 2016, 75% with Alia forces City of Monroe — Wastewater Treatment Plant AA Pipe Replacement $80,000 (360) 863-4503 John Lande Completed April 2016, 95% with Alia forces Northshore Utility District — Watermain Improvements $1,150,000 (425) 398-4400 George Matote Completed May 2016, 90% with Alia forces City of Tukwila — CBD Sewer Repairs Near 1200 and 1227 Andover Park East $100,000 + $154,000 (206) 431-2441 Mike Cusick Completed May 2016, 90% with Alia forces Page 6 King County — Kent/Auburn CSI Main Street $925,000 (206) 477-5689 Trent Van Duyn Completed August 2016, 90% with Alia forces Lakewood Water District — I-5 Crossing at Seattle Ave WM Replacement $1,050,000 (253) 588-4423 Craig Gibson Completed November 2016, 90% with Alia forces City of Kent — James Street Improvements $2,075,000 (253) 856-5542 Phil McConnell Completed March of 2017, 80% with Alia forces Northshore Utility District — Sewer Extension Project 120/89 $720,000 (425) 398-4400 Dave Kaiser Completed January 2017, 90% with Alia forces Northshore Utility District — Water Main & Sewer Extensions 163/90 $640,000 (425) 398-4400 George Matote Completed January 2017, 90% with Alia forces City of Tacoma — 2016 A Sewer Improvements $565,000 (253) 954-6992 Maureen Dilley Completed April 2017, 90% with Alia forces City of Bellevue — 100TH Ave Light Pole $155,000 (425) 452-5366 Dan Millard Completed April 2017, 70% with Alia forces City of Covington — Clements Ave/263RD Storm Sewer $245,000 (253) 480-2400 Bob Lindskov Completed April 2017, 90% with Alia forces City of Tacoma — Sewer and Side Sewer Connection Repairs $450,000 (253) 594-7871 Lisa Oestriech Completed May 2017, 90% with Alia forces City of Auburn — West Hill Springs Improvements $295,000 (253) 931-4013 Luis Burba Completed October 2017, 90% with Alia forces City of Sumner — SS R23 & R29 Sewer Improvement $100,000 (253) 299-5703 Jason Van Gilder Completed November 2017, 85% with Alia forces Page 7 City of Everett — Hayes Street Regulator and CSO Controls $3,100,000 (425) 257-8931 Tom Fuchs Completed March 2018, 85% with Alia forces City of Kirkland — Holmes Point Drive Strom Drain $300,000 (425) 587-3872 Marius Eugenio Jr. Completed March 2018, 85% with Alia forces Soos Creek Water & Sewer District — Lift Station No. 46 Installation $5,988,000 (425) 289-7308 Brian Wilson Completed August 2018, 85% with Alia forces City of Buckley — WWTP Non -Potable Water System Improvements $220,000 (206) 284-0860 Dominic Miller Completed November 2018, 75% with Alia forces City of Tacoma — 2017A Sewer & Wastewater Replacement $1,030,000 (253) 594-7871 Lisa Oestreich Completed December 2018, 85% with Alia forces City of Tacoma — 2018H Sewer Replacement $1,480,000 (253) 502-2225 Drew Randolph Completed April 2019, 85% with Alia forces City of Sumner — 151 ST Ave & Riverside Road Watermain Replacement $330,000 (253) 299-5703 Jason Van Gilder Completed June 2019, 75% with Alia forces City of Auburn — Reservoir No. 1 Seismic Valve Replacement $430,000 (253) 804-5086 Jai Carter Completed June 2019, 85% with Alia forces City of Tacoma — Oakland Neighborhood Permeable Pavement $6,500,000 (253) 502-2225 Drew Randolph Completed July 2019, 85% with Alia forces City of Tacoma — Puget Sound Ave/Greenscapes Wastewater Replacement $1,600,000 (253) 502-2225 Drew Randolph Completed December 2020, 75% with Alia forces City of Federal Way — Downtown Staircase Project $2,575,000 (253) 835-2723 Christine Mullen Completed January 2020, 65% with Alia forces Page 8 City of Tacoma — Wastewater Replacement — Various Areas/Murano Hotel $1,570,000 (253) 502-2261 Sean Olson Completed April 2020, 85% with Alia forces City of Tacoma — 2017 Sewer & Side Sewer Repairs $650,000 (253) 502-2261 Sean Olson Completed May 2020, 90% with Alia forces