HomeMy WebLinkAbout12-104 - Stripe Rite - Fire Station 51 Parking Lot Curbing12- 104(a)
Council Approval N/A
Sheet 1 of 1
CITY OF TUKWILA
CONTRACT CHANGE ORDER NO. 1
DATE: September 11, 2012 BUDGET NO.: 303.98.594.190.65.00
PROJECT NO.: 91130304 CONTRACT NO.: 12 -104 CO-)
PROJECT NAME: Fire Station #51 Gate /Fence
TO: Steven Batemen, Stripe Rite, Inc.
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: Completion changed to no later than November 30, 2012.
We the undersigned Contractor, have given careful consideration to the change proposed and hereby
agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may
otherwise be noted above, and perform all services necessary for the work above specified, and will accept
as full payment therefore the prices shown above and below. This change represents a fair, equitable and
complete compensation.
ACC PTED: Date
Original Contract
Contractor .STT A��e-', ..4;:-
Title
17,597.58 APPROVED BY THE CITY OF TUKWILA
Previous Change Order 0.00
This Change Order 0.00
REV. CONTRACT AMOUNT 17,597.58
Additional Calendar Days due to this change: 76
ORIGINAL: City Clerk (1 of 2)
Contractor (2 of 2)
Date -�3 7
Mayor
Sao a i��� s
cc: Finance Department (w /encumbrance)
Construction Inspector
Construction Engineer
File
City of Tukwila
o y 6200 Southcenter Boulevard 98188
�290a�
Contractor/
Vendor Name:
STRIPE RITE INC.
Address:
1813 137 AVE E
SUMNER, WA 98390
Telephone:
(253) 863 -2987
Contract Number: 12-104
Council Approval N/A
CITY OF TUKWILA
Short Form Contract
Project No. 91130304.3000.175
Budget Item: 303.98.594.190.65.00
Project Name: FS #51 FENCE /GATE /CURB
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Facilities Department, 6200 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 26th day of July 2012, by and between the City of
Tukwila, hereinafter referred to as "City and Stripe Rite Inc., 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 no sooner than August 15, 2012 and
be completed no later than September 15, 2012.
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 A attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed $16,070.85 plus
applicable sales tax, 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.
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
CA revised 2012 Page 2
if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess
shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor
shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due
may be withheld on account of defective work not remedied, liens filed, damage by the Contractor
to others not adjusted, or failure to make payments properly to the subcontractors.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of
coverage and limits as required herein shall not be construed to limit the liability of the Contractor
to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liabilitv 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 Liabilitv 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 frorn 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.
CA revised 2012 Page 3
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their
receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving
five business -days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction
a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In
lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of
the contract amount as retainage for a period of 30 days after final acceptance or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and
Industries and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a
complete release of all liens arising out of this contract or receipts in full covering all labor and
materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City
against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with
the work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party
shall be entitled to recover its reasonable attorney fees and costs.
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
CA revised 2012 Page 4
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 hannless
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
confonnance with RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Contractor shall comply with all Equal Employment
Opportunity regulations and shall not discriminate against any employee, applicant for
employment, or any person seeking the services of the Contractor on the basis of race, color,
religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or
physical handicap.
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.
CA revised 2012 Page 5
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF TUKWILA
By:
Signature
Printed Name: W---
Title: L�tfVU
Date: 0 �I
By:
r
4ignature
Printed Name: b6kkrvnA A
Title: t'm&A?.�xk
Date:
ATTEST /AUTH
�4� nnnn
City Clerk 4 1j
APPROVED AS TO FORM:
Office of the City Attorney
BYC
CA revised 2012 Page 6
1813 137TH AVE E
SUMNERN, WA 98390 BID PROPOSAL BY: James C. Johnson
STRIPE
RITE Ph. 253.863.2987 SEND CONTRACT AND /OR SIGN AND RETURN
Fax: 253.863.3120
TO ACCEPT BID.
www.striperite.com
nc. jimj @striperite.com SCHEDULING CALL JIM JAT
(253) 863.2987- PLEASE REFER TO BID
Bid Number: 12 0581
COMPANY NAME PROJECT
CITY OF TUKWILA FIRE STATION #51
14000 INTERURBAN AVE SOUTH 444 ANDOVER PARK EAST
TUKWILA, WA 98168 TUKWILA, WA
henrv.ancira(tukwilawa.gov Rep's Name: HENRY A. ph:
206.571.6294
Office: 206.433.7152 Fax: 206.241.5661 Prevailing: 'Yes Q Date:
April 25, 2012
I Sales Tax Charged? Project #91130301.3000.000 Contract on File
ITEM EST QTY UNITS I ITEM DESCRIPTION I UNIT PRICE
I TOTAL
OPTION 1: REMOVE ALL CURB AND REPLACE
639 LF ALL CURB, REMOVE CURB PLUS SAW 25.15
16,070.85
CUT FULL LENGTH OF CURB 639'- TOUT
FROM FACE OF THE CURB. REMOVE ASPHALT
WITH THE CURB AND HAUL AWAY. I NST ALL
AND COMPA 2" O F CSTC THEN PAVE ARE
WITH 2" OF HMA C_OMMECI ASP HALT, ROLL
AND COMPACT. TACK EDGES OF NEW ASPHALT.
PRICE INCLUDES INSTALLATION OF NEW
CURB
PRICING INCLUDES PAINTING OF CURB
Project# 91130304.3000.000
Budget Item #303.98.594.190.65.00
*ANYTHING NOT CLEARLY STATED ABOVE SH ALL BE
EXCLUDED FROM BID!
*Paint for this job is Solvent Based WSDOT QPL (Ennis)- EXCLUDES WATERBORNE
BID PROPOSAL GOOD FOR 30 DAYS
�I 16,070.85
Bid Proposal Terms:
This bid proposal is based on 1 mobilization(s). If additional mobilizations are required due to scheduling conflicts that are out of Stripe Rite's control, a
mobilization fee of $650.00 will be charged each time for pavement marking, signs, precast and $850.00 for extruded curb.
Excludes permits, layout, referencing, traffic control, sales tax and any other items not specifically mentioned in this bid proposal.
Scheduled work may be cancelled by unfavorable weather. Stripe Rite, Inc., shall solely determine unfavorable weather conditions as Stripe Rite, Inc. bears
the
responsibility for installation and is in the best position to judge weather conditions.
Stripe Rite, Inc. shall not bear any financial responsibility for delays caused by strikes, weather conditions, delay in obtaining materials or other causes beyond
its control.
Payment terms are as follows: Within 30 days of receipt of invoice. All past due invoices shall bear interest at 18% per annum until paid or the maximum rate allowed by law.
In the event that it becomes necessary to employ an attorney to enforce the rights of any part of this signed bid /contract or any modification hereof, the prevailing party
shall be entitled to recover their collection costs, attorneys fees, and court fees, etc., regardless if actual suit is brought
Customer Authorization: Title: Date:
Document A312 TM -2010
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Stripe Rite, Inc.
1813 137th Avenue East
Sumner, WA 98390
OWNER:
(Name, legal status and address)
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
CONSTRUCTION CONTRACT
Date: 7/26/2012
Bond No. WAC52004
SURETY:
(Name, legal status and.principal place
of business)
Merchants Bonding Company (Mutual)
5400 Carillon Point
Kirkland, WA 98033
Amount: SEVENTEEN THOUSAND FIVE HUNDRED NINETY -SEVEN AND 58 /100THS
$17,597.58
Description:
(Name and location)
Fire Station #51 Fence /Gate /Curb
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312 -20.10
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Tukwila, WA
BOND
Date: 8/9/2012
(Not earlier than Construction Contract Date)
Amount: SEVENTEEN THOUSAND FIVE HUNDRED NINETY -SEVEN AND 58 /100THS $17,597.58
Modifications to this Bond: 10 None See. Section 16
Name Name JuliVF4 Truitt
and Title: VyestdC*k and Title: 'tomey -in -Fact
(Any additional signatures appear on the last page of this Performance Bond)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate: Seal) Company: (Corporate Seal)
Stripe Rite, Inc. Merchants Bonding Company (Mutual)
Signature: Signature: 11 0�
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Propel Insurance (Architect Engineer or.other party.)
PO Box 2940
Tacoma, WA 98401
(253) 759 -2200
Init.
AIA Document A312TM:— 2010. The American Institute of Architects. o6wo.
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, exceptwhen 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 Contract Price 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 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly 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 perform ance 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.
Init. AIA Document A312 —2010. The American Institute of Architects.
2
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from. the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non performance of the Contractor.
§.8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount.of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account 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 and 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 Surety
refuses or fails toperform its obligations under this Bond, whichever occurs first. 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.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement 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.
14 Definitions
§14 1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Conract 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.
[nit. AIA Document A312 2010. The American Institute of Architects.
16 Modifications to this bond are as follows.
(Space is provided below for additional signatures of added parties, other tharl those appearing 017 the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: nve
Name and Title:
Address
Signature: N/A
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, an which this text appears in RED. An original assures that
changes will not be obscured.
Init. AIA Document A312T. —2010. The American Institute of Architects.
4
a—
S AIA
Payment Bond
Document A312 TM -2010
CONTRACTOR:
(Name, legal status and address)
Stripe Rite, Inc.
1813 137th Avenue East
Sumner, WA 98390
OWNER:
(Name, legal status and address)
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
CONSTRUCTION CONTRACT
Date: 7/26/2012
Bond No. WAC52004
SURETY:
(Name, legal status and principal place
of business)
Merchants Bonding Company (Mutual)
5400 Carillon Point
Kirkland, WA 98033
Amount: SEVENTEEN THOUSAND FIVE HUNDRED NINETY -SEVEN AND 58/100THS
$17,597.58
Description:
(Name and location)
Fire Station #51 Fence /Gate /Curb
This document has important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312 -2010
combines two separate bonds, a
Performance Bond and a
Payment Bond. into .one form.
This is not a single combined
Performance and Payment Bond.
Tukwila, WA
BOND
Date: 8/9/2012
(Not earlier than Construction Contract Date)
Amount:SEVENTEEN THOUSAND FIVE HUNDRED NINETY -SEVEN AND 58/100THS $17.597.58
Modifications to this Bond: None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seat)
Stripe Rite, Inc. Merchants Bonding Company (Mutual
Signature: ;�`G?r Signature: �,�,�,w"""`
Dame Name Julie .Truitt 1
and Title: N_'t and Title: A ey -in -Fact
(4ny additional signatures appear on the last page of thisPayment Bond)
(FOR INFORMfiTION ONLY Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Propel ]nsurance {Architect, Engineer or other party.)
PO Box 2940
Tacoma, WA 98401
(253) 759 -2200
Init.
AIA Document A312 2010. The American Institute otArchitects. 061110.
5
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.
21f 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 property by 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 and 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.not 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 furnished 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 payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 52 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 copy to 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.
Init. AIA Document A312 2010. The American Institute of Architects.
6
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 fable 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 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) ftrst.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 pen 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 earned by the Claimant for labor, materials 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 Claimant. 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.
Init. AIA Document A312 2010. The American Institute ofArchitects.
16.4 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.
16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor
17 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.
16 Modifications to this bond are as follows
(Space is provided below, for additional signatures of added parties, other than those appearing on the cover page.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: N/A
Name and Tale:
Address
Signature: N/A
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, on Miich this text appears in RED. An original assures that
changes will not be obscured.
Init. AIA Document A312 2010. The American Institute orArchitects.
8
MERCHANT��
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies
and that the Companies do hereby make, constitute and appoint, individually,
Anne E Strieby; Brady Moriarty; Brent E Heilesen; Christopher Kinyon; Eric A Zimmerman; James B
Binder; Jamie Diemer; Jennifer L Snyder; Julie R Truitt; Karen Swanson; Kyle Howat; Peggy A Firth
of Tacoma and State of WA their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of
FIVE MILLION ($5,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March 2012.
STATE OF IOWA
COUNTY OF POLK ss.
_0_
jk P0,9 .•oq••
m
ti 1933 c;
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-1-,
President
On this 2nd day of March 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT
y
Commission Number 770312
My Commission Expires
O N October 28, 2014 k
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Wtness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this IQIA %day of A A j t o
POA 0014 (11/11)
G r
193-.', c
Secretary