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Home My WebLink AboutNordic Construction, Inc Contract 11-12* CITY UF * * �j� T T�� j\T Peter B. Lewis, Mayor 1..) l.� .1 �1 + WASHINGTON 25 West Main Street * Aubum WA 98001-4948 * www.auburnwa.gov * 253-931-3000 June 21, 2011 CERTIFIED RETURN RECEIPT REQUESTED Martin Ericksen Nordic Construction, Inc 106 55�' Avenue East Fife, WA 98424 NOTICE TO PROCEED RE: Project #C410A, South 277`h Street Reconstruction Wetland Mitigation Improvements, Contract #11-12 You are hereby notified to procesd as of June 22, 2011 with the work on the above- referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. This project has 60 working days for completion. If you have any questions, please contact the City Inspector for the project, Steve Bowen at 253-288-31�45, or the Contract Administration Specialist Amanda DeSilver at 253-876-1980. Sincerely, �� s��-e� Dennis Selle, P.E. City Engineer/Assistant Public Works Director Department of Public Works DS/ad/hg Enclosure cc: Dani Daskam, City Clerk Leah Dunsdon, Project Engineer Steve Bowen, Construction Inspector File 13.11 (C410A) AUBURN * MORG THAN YCJU IMAGINED � SMALL PUBLIC WORK CONTRACT NO. I1-12 Project No. C410A, South 277`� 5t. Reconstxuction — Wetland Mitigation Imgrovements ' THIS CONTRACT is entered into between tha City of Auburn, a Washington Municipal Corporation ("City"), and Nordic Conshuction, ("Contractor"), whose mailing address is 106 55'h Avenue East, Fifa, WA, 98424. The parties agree as follows: I. CON�RACTOR SERVICES. The Contraetor shall do all work and fvrnish all tools, materials and equiprnent for the construction of Project No. C410.A, South 277'� St. Reconstruction — Wetland Mitigation Improvements, in accoxdance with this Cont��act fonn; as shown on tha affached Exhibit A Contract Plans entitled "Project No. C4I OA, South 277�' St. Reconstruction, Supplement to �e Mitigation Plan", th� attached Exhibit entitled . "Exhibit B— Special Technical Spec'if'ications", and the 201 Q Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction; which ara by this reference incoxporated herein and mada a part hereof. The complete Contract includes the following parts, wluch are by tliis reference incorporated herein and made a part hexeof. Any inconsistency in the parts of the Couiract shalt be resolved by the order in which they are listed: A. Addenda. B. Bid Proposal Package. ' C. SmaIl Public Work Contract No. 11-12. D. Exhibit A- Contract Plans, dated April 19, 2011. . E. EZCi�iibit B— Specia! General Specifications, dated April 20, 201 �1. F. Exhibit C— Special Technical Specifications, dated Aprit 20, 2011. G. City of Auburn Standard Details WATER-06 and TRAFFIC-55. � H. Small Works Invitarion for Bids. I, WSDOT Standard Speci�ic$tions for Road, Bridge �nd Municipal Construction, 2010. J. Washington State Department of Labor & Ix�dustries Prevailing Waga Rates and Benefit Key Code dated March 3, 2011, or as in ef£ect on May 5, 2011. On the Contract plans, working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. In case of any ambiguity or dispute over interprating the Contract, the City Engineer's decision wi11 ba final. � II. CITY OF AUBURN BUSINESS I.ICENSE REQUIRED. In order to do business in tha City of Auburn, you are required to have a current Ci#y of Auburn business license. AlI SMALL PUBIlC WORK CON1`lt21CT NO. 11-12 May 16, 2011 Page 1 af 13 subcontractors and lower tier subcontraciors working on the project must also have a Cify of Auburn business license. IIL NOTIC� TO PROCEED: A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and Ciiy, and al1 required documents as set forth in this Contract and all requirements as set forth in the award letter have been met. IV. TIME OF COMPLETION. Tha Contractor shalt complete ihe work within 60 working days from the date of issuance of the City's Notica to Proceed. V. LIQUIDATED DAMA.GES. If said work is not completed within the tiine specified, the Contractor agrees to pay liquidated damages to the City as follows: A. To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for physical completion, and B. To authorize tha Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidatad dacrlages will not be assessed for a�iy days for which an extension of time is granted. No deducfion or payment of liquidated damages will, in any degree, release the Cantractor from further obligations and liabilities to complete the entire Cantract. � Formula: Contract Price (without ta7c) x 0.15, divided by tha original number of working days for completion. VL HOURS OF WORY{. Normal working hours for the Contract shall be any consecutive 8- hour period between 7:d0 a.m. and 6:00 p.m., Monday through Friday. If the Contractor desires to perform work on holidays, Saturdays, Sundays, or between the hours of 6:00 p.m. and 10:00 p.m. on any day, the Contractor shall apply in v�n7ting to the Engineer for permission to work such times. Pennission to work longer than an 8-hour period between 7:Q0 a.m. and 6:00 p.m. is not requu�ed. Such requests shaIl be submitted to the Engineer fwo {Z) working days prior io the day for which the Contractor is requesting permission to work. The City reserves tha right to grant or deny any such request at its sole discretion. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requiremen�s, as indicated in Auburn City Code Chapter 8.28.010 entitled "Noise Control." Iithe Contracfor desires to work during restricted times, the Contractor shall submit a written request to the Engineer fourteen (14) calendar days pr�or to t6e day for wluch the Contractor is requesting permission to work: Tha written request will include specific days and times and description of work to be performed and the reasons ihe work cannot be performed duriug the normal hours of work. The City reservas the right to grant or deny any such request at its sole discretion. �£ approval is granted, it may be revpked at any SMALT. PUBLIC WORK CONTRACT I30. 11-12 May 16, 2011 Paga 2 0£ 13 tima tha City receives complaints from the public or adjoining property owners regarding the noise from tha Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for any reason. VII. COMPENSATION. The Conh�actor shall do all work and furnish all tools, materials, and • equipment for tha work and seivices contemplated in this Contract for a unit bid price of forty-eight thousand, nine hundred fifly-four dollars and thirty-five cents ($48,954.35), and Washington State Sales Tax of four thausand six hundred fifly dollars and sixty-six cents ($4,650.66) for a toial of fifly-three thousand, six hundred five dollars and one cant ($53,605.01). Our sates tax area is 1702 for Kin� County. No payment sliall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and eveiy Subcontractor, has been approved by the Stafe Department of Labor & industrics, and is received by the City. A. �erformance Bond. Tha Contractor shall furnish the City with an executed performaace bond for the full Contract amount o£ fifty-three �thousand, six hundred five dolIars and one cent ($53,605.01). At tha request of the Contractor, the performance bond may be reduced to the lump sum amount of the Plant Establislunent Period costs, three thousand twenty dollars ($3,020.Q0), a#ter the data of substantial completion. Ths reduced performance bond sha11 be held by the City for the duration of the plant establishment period. • B. Reiainaee. The City shall hold back retainage in the annQUnt of five percent (5%) of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractox can choose to have the retainagre held by the City in a non-interest bearing account, have it placed in an Escrow (interest bearing} Account, or submit a bond in lieu of retainage. Said retaina.ge shall be held by the City for a peziod of forty-five (45) days after tha date of �inal acceptance after the plant establishment period, or until receipt of all necessary reIeases from tha State Departrnent of Revenue and State Employment Security � Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 50.28 RCW, whichever is latsr. C. Defective or Unauthorized Wprk. Tha City reserves its right to withhold payment from the Contractor for any defectiva or unauthorized work. De%ctive or unauthorizcd work includes, without limitation: work and materials that do not conform to the requirements of this Contract; and extra woxk and materials furnished without the Cit�'s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of tb.e work, the Gity may complete the work by contract or otherwise, and the sMnu, rua�c waiuc corrrRacr xo. � i-i2 May 16, 2011 . Page 3 of 13 � . Contractor shall be liable to the City for any additional costs incurred by tha City. "Additional costs" shall mean all reasonabla costs, including legal costs and attomey • fees, incurred by the City beyond the maximum Contract prics specified above. The City further reserves its right to deduct the cost to complate the Contract work, including any additional costs, from any and all amounfs dua or to became dua the Contractor. D. Final Payment: Waiver of Claims. �The matdng of final payment (excluding withheld retainage) shall constitute a waiver of claims, except those previously.and properly made and ideniifted by the Contractor as unsettled at the time request for final payment is made. VIII. INDEPENDENT CONTRACTOR. � The parties intend that an Independent Contractor - Employer Relationship wilI be created by this Contract, tha City being interested only n� the results obtained under this Conhact. IX. SUBCONTRACTING. Work done by tha ContracYor's own organization shall account for at least 30 (thirty} percent of the awarded Contract price. Before computiug this pei�centage however, the Contractor may subtract (from the awarded Contract price) the costs of any subcontracbed work on items the Contract ciesignates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shatl be on the form fhe City provides. If the City requests, tha Contractor shall provide proof that the subcontractor has the experience, ability, and � equipment the work requires. Tha Contractor shall requira each subconfractor to comply with RCW 39.12 (Prevailing Wages on Public Works) and to furnish all certificates and statements required by the Contract. As stated in Section VI, "Compensation," no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been appzoved by the State Department of Labor & Tndustries, and is received by the City. Along with the request to �sublet, the Contractor shall submit the names of any contracting firms tlie subcontractor proposes to usa as lower tier subcontractors. Collectively, these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subconf�actor is responsible for construction of a specific structure ar structures, tha following work may be pei�formed by lower tier subcontractors without being subject to the 25 percant limitation: . A. Fumishin$ and driving of pi[ing, or B. Furnishing and insta.11ing concrete reinforcing and post-tensioning steel. Except for the 2S percent limit, lower tier subcontractors shaIl maet the same requirements as subcontractars. SMALL PUBLIC WORK CONTRACT NO.11-12 May 16, 2011 Page 4 of i3 � Tlie City wiil approve the request only if satisfied with the proposed subcontractar's record, equipment, experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out tha Conhact. 2. Relieve tha Contractor of any obligations or liability undex the Contract and tha Contractor's bond. 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. , Tha City will not consider as subcontracting: (1) purchase of sand, Topsoil Type A, . graveI, crushed stone, crushed stag, batched concrete aggregates, ready mix concrete, off-sita fabricated structural steel, other off-site fabricated items, and any other materials supplied by established and recognized commercial plants; or (2) delivery of these rnaterials to the work site in velucles owned or operated by such plants ox by xecognized independent or covamercial hauling companies. However, the Washington State Department of Labor and Industries may dete�xnine that RCW 39.12 applies to the employees of such furns identified in A and B above in accordance with WAC 296-127. • � If dissatisfied with any part of tha subcontracted work, tha City may request in writiug that the subcontractor be removed. Tha Contractor shall comply with this requesi at once and shall not employ the subconfractor for any further work under the Contract. This sec#ion does not create $ contractual relationship between tha City and any seibcontracto�. Also, it is not intended to bestow upon any subcontractor, the status of a third party beneficiary to the Contract between the City and #he Contractor. X.� TERMINATION. The City may ternninate this Contract for good cause. "Good cause" shall includa, without limitation, any ona or more of the fol2owing events: A. The Confractor's refusal or. failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to completa the work within the time specified in this Contract: C. Tha Contractor's failure to �maka full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, stata or iocal lavcrs, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. A.fter all tiie work contemplated by the Contract has been completed eithex• by the Surety or ti�e City, tha City will calcutate the total expenses and damages for the completed work. � If tha tota.l expenses and damages are Iess than any unpaid balance dua the Contractor, the excess will be paid by the Ciiy to the Contractor. ff tha total expansas and damages exceed SMALL PUBLIC WORK CONTRAGT NO. I 1-12 May 16, 2011 � Pago5of13 the unpaid balance, the Cont�.�actor and th� Surety shall be jointly and severally liable to, and sfiall pay tha difference to, the City on demand. XI. PREVAII.ING WAGES. Contractor shall fiie a"Statement of Intent to Pay Prevailing ' Wages" with ths State of Washiixgton Depazhnent of Labor 8c Industries prior to commencing the Contract work. The Contractar shall pay prsvailing wages and compty with , Chapter 39.12 of tha Revised Code af Washiugton, as weli as any other applicabte prevailing . wage rata provisions. The prevailing waga rate revision in effect on the date of the bid opening is attached and by this reference incorporated herein and inade a part hereof. No payment shall be issued until a Statement of Intent to Pay Pzevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is reoeived by the City. Retainage shall not be released until an Affidavit of Wages Paid form for tho Contractor and each and every subcontcactor, has been approved by the State Deparlment of Labor &�ndustries, and is received by the City. I�ffI. CHANGES. The City may issu� a written chang� order for any change in the Contract work during the performance of this Contract. Tf ihe Conh�sctor determines, for any reason, that a change order is necessary, tha Contractor must submit a written change order request to an authorized agent of the City within fifteen (15) calenda�• days of the date the Cantractor knew or should have known of the facts and events giving rise to tha requested change. If tha City daternunes that the changa increases or decreases the Contr�cto�'s costs or tiina for performance, tha City will make an equitable adjustment. The City will attempt, i� good faith, to reach ageement with the Contractor on all equitable adjustments. Howaver, if tl�e parties are unabla to agree, the City will determine the equitable adjustment as it deems appropriate. Tha Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City bafore actually receiving the wcitten change order. If the Contractor fails to requixe a change order within the time allowed, tha Contractor waives its right to make any claim or submit subsequent change order requests for that portion of tha Contract work. If the Contractor disagrees with the � equitable adjustment, the Contractor anust complets tha change order work; however, the Contractor may alect to protest the adjustment as provided below: � A. �rocedure and Protest bv the Contractor. If the Conh actar disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instraction, interpretation, or determination by the City, the Contractor sl�all: � • 1. Immediately give a signed written notice of protest to tha Cify; SMALL PUBLIC WORK CON1'RACE NO. l i-12 May 16, 2011 Paga 6 of I3 2. ' Supplement the written protest within iifteen (15) caiendar days with a written statememt that providas the following information: a. The date of tha Contractor's protest. b. Tha nature and circumstances that caused the protest: c. The pxovisions in this Contract that support the protest, d. The estimated dollar cost, if any, of the pxotested work and how that estimate was determined. e. An analysis of the progress schedula showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. Tha Contractor shall keep complete records of extra cos�s and tim8 incurred as a result of the protested work. The City shall have access to any of the Contractoz's records nacded for evaluating the protest. ' � 3. The Cifiy wilI evaluate all protests, provided the procedures in this section are followed. If tha City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjushnent. No adjusiu►ent will be mada for an invalid protest. B. Contracto�'s Dutv to Comvleta Protested Work. In spite of any protest, the Contractor shali proceed pmmptly with the work as tha City has ordered. C. Contractor's Acce�tance of Changes. Tha Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section sha11 constitute full payment and �nal settlement of alt claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the changa. D. Failura to Protest Constitutes Waiver. By not protes#ing as this section provides, the � Contractor also waives any additional entitlement and accapts from the City any written or oral order (including directions, instractaons, interpretations, and determination).. E. Failure to Fo11ow Procedures Constitutes Waiver. By failing to follovv� the procedures of fhis section, the Contractar completely waives any claims for protested work and accepts from the City any written or oral ordex (including directions, instructzons, interpretations, and determination). XIII. CLAIlVIS. The Contractor waives right to a ciaiin if they have not followed procedures . outlined in Section XII.A of this Contract. If resolution cannof ba reached umder Section XII.A, ihen the Contractor shall giva written notice to the City pf all claims other than change orders within fifteen (15) calendar days of the City's notice of its final decision on SMALL PUBLIC WORK CANfRACl' 1V0. 11-12 May 16, 2011 Page 7 of 13 the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of tima, whether under this Contract or otherwisa, shall be conclasively deemed to �have been waived by the Contractor unless a timely written ctaim is made in strict � accordancg with tha applicabla provisions of this Contract; or if (and only i fl no such pxovision is applicable, unless that claim is set forth in detail in writing and xeceived by the City within seven (7) calendar days from the date the Conh•actor knew, or shouId have known, of the facts giving rise to tha claim. At a�ninimum, a Contractor's written claim must include tha informat�on set forth regarding protests in Section XII.A. FaiIura to pravide a complete, written notification of claim within the time allowed shall ba an absolute waiver of any claims arising in any way fi•om the facts or events surrounding � that claim or caused by that delay. . The Contractor must, in any event, file any claim or bring any suit arising from or • connected with this Contract within forty-five (45) calendar days �om tha date the Contract work is complete. � XIV. WARiRANTY. All defects in workmanship and materials that occur within one year and three months from the substantial completion data of the ContracYWork, per Section 1-01.3 of the WSDOT/APWA Standard Speci#ications for Road, Bridge and Munioipal � Constniction, 20 i 0, shall ba corrected by the Contractor. •When dafects ax�e corrected, the warranty for that porkion of tha work shall extend for one year fi•om tha date such conection is completed and accepted hy the City. The Contractor shall begin to conrect any defects within saven (7) calendar days of its receipt of notice from the City of the defec�. If the Confractor does nat accomplish the corrections within a reasonable tune, iha City may coinplete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. . XV. IlVDEMNIFICATION. Contractor shai! defend, indemnify and hold the City, its offcers, offtcials, employees, agents and volunteers harmless from any and aIl claims, injuries, daznages; losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance ofthis Contract,.axcept for injuries and damages caused by the sola negligence of the City. Tha City's inspection or acceptance of any of tha Conlxactor's work when completed shall not be grounds to avoid any of these covenants of indernniica.tion. Should a court of competent jurisdiction determiue that this Contract is subj ect to RCW 4.24.115, then, in the event of ]iabiliiy for damages arising out of bodily injury to persons or damages to pmperty caused by or i�esulting from the concurrent negligence of the Conh•actor SMALL PUBLIC WORK CONTRACT NO. 11-12 Msy 16, 2011 Page 8 of 13 � and the City, ifs officers, offcials, employees, agents and volunteers, the Contractor's liabitity hereunder sha11 be only to tha extent of the Contractor's negligenca. It is �urther specifically and expressly understood that this indemnification constitutes the Contractor's waiver of irnmunity under Indush•ia.l Insurance, Title 51 RCW, solely for the purposas of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. � - The provisions of this section shall suryive tlie expiration or terminatifln of this Contract. XV�• INSURANCE. The Contractor•shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that znay arise from or in connection with the performanca of the Contract work hereunder by the Contractor, its agents, representatives, employees or subconiracYors. . Before beginning work on tha project described in fhis Contract, the Contractor shall provide a Certi�icate of Insuranca evidencing the coverages listed below. The policies of insurance for gc�neral, automobile, and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers, elected officials, employees, agents and � volunteeis, and any other entity specifically required by the Contract Provisions, as addiriorial insured(s). . A. Automobite Liabilitv insurance oovering all owned, non-owned, hired and leased vahiclas with limits no less than $1,000,000 combined singla limit per accident for bodily injury and praperty damage. Coveraga sha11 be written on Tnsuranca Services Office (ISO) form CA QO Ol or a substitute form providing equivalent liability coverage. ' If necessary, tha policy shall be endorsed to provide contractual liability coveraga. B. Connmercial General LiabiliiX ins„rance written with limits no less than $1,000,000 each occurrence, $2,U00,000 general aggregate, and a$2,000,000 products-completed . operations aggregata limi� Coverago shall be written on TSO occurrenca form CG.00 O1 and shail cover liabilify arising from premises, opei�.tions, stop gap liability, independent contractors, products-completed operations, personal injtuy and advertising injwy, and liability assumed under an insured�contract. The Commercial General Liability insuranoe shall ba endorsed to provide the Aggregate Pex Project Endorsement forriz CG 25 03 l. l 85. There shall be no endorsement or modi#'ication of the Commercial General Liability insurance for liability arising fr,om e�cplosion, collapsa or underground property damage. The City shall ba named as an addinonal insured under the Contractor's Coinmercial General Liability insurance policy, with respect to the work perfonned %i• � tha City using ISO Additional Insuranca endorsement CG 2010 10 O1 and Additional SMALi. PUBIdC WORK CONTRACT NO. 11-12 May 16, 20I 1 • . Pagc 9 of 13 Insured-Completed Operations endorsement CG 20 3710 O1 or substitute endorsaments providing equivalent coverage. C. V�orkers' Compensation coverage as required by the Industrial Insuranca laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobila Liabiliiy and Commexcial General Liabiiity: � _ 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insvrance, sel£ insurance, or insurance pool coverage mainfained by the City shall be excess of the Contractor's insurauce and shall not contribute with it. 2. The Contractor's insuranca sha.11 be endorsed to state tha� coverage shall not be cancelled by eit6er party, except aftar thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.� E. Contractor's Insuranca for Other Losses. The Contractor shatl assume full responsibility for a111oss or damage from any causa whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles or�vned or rented by the - Contractor, or tha Contractox•'s agents, suppliers, or contractors.as well as to any temporary structures, scaffolding, and protective fences. F. Waiver of Subrogation. The Contractor and the City waive all rights against ea.ch other, any of their Snbcontractors, Sub-subcontractors, agents and employess, each of the other, for damages caused by fira or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to Section XV of this Contract or other property insurance applicable to the work. The policies shall provide such _ waivers by endorsement or otherwise, G. Acceptabilitv of Tnsurers. Insurance is to ba piaced with authorized insurers in Washington State with a current A.M. Best rating of not less than A-: VII. H. Verification of Covera�e. Contractor shall furnish tha City with oziginal certificates and a copy of the amendatory endorsements, including but not necessariiy 1'united to the additional insured endorsement, evideucing tha Automobile Liability and Commercial General Liability insurance of the Contractor bafore commencement of the work. . I. Subcontractors. Contractor shall ensui�e that each subcontractor of every tiar obtains and maintains at a minimum, the insurance coverages listed in this section. Upon request of tha City, the Gontractor shall pmvide avidence of such insurance. Any payment of deductible or self insured retention sha11 be the sole responsibility of the ConVactor. SMAI.L PUBLIC WOItK CONI'RACT NO, l I-12 May 16r 20I 1 Page IO of 13 The City reserves the right to receiva a certified copy of all ihe required insurance policies. XVII: MISCELLANEOUS. A. Nondiserimination. In the hiring of employees for the performance of work under this Cantract, the Contractor, its subcontractors, or any person acting on behalf of Contractor � shall not, by reason of race, zeligion, color, sax, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualif ed and available to perform the work io which the employment relates. B. Compliance with La.ws. The Contractor s12a11 comply witla atl federal, state and local laws, rules and regulations throughout every aspect in the performance of this Contract. C, Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for tbe safety of its employees, agents, and subcontractors in the performance of this Contract. All work shall ba done at the. Contractor's own risk, and the Contractor shall ba responsible for any loss of or damaga to matarials, tools, or other articles used or held for use in connection with the work. D. �jonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms aad rights contained herein, or to exeroise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises befween the City and ths Contractor urider any of tha provisions of ihis Contract, resolution of that dispute shall be availa.ble only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. F. Attorne, 's Feas. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for dama.ges arising from the parties' performance of this Contract, each party shall be responsibla for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subseotion shalt ]imit tha City's right to indemnification under Section 10 of this Contract. G. Written Notice. All communications regarding this Contract sha11 bo sent to the parties at the a.ddresses listed on the signature page of this Contract, unless otherwise notified. Any written notice shall become effectiva upon delivery, but in any event three (3) calendar days after tha date of mailing by registered or certified maii, and sha11 be deemed sufficieritly given if sent to tha addressee at the address stated in this Coniract, H. Assignment. Any assignment of this Cont�act by the Contractor without the written consent ofthe City shall be void. SMALL PUBIdC WORK CONTRACT NO. i 1-12 May 16, 2011 Page 11 of 13 I. Modification. No waivei; alteration; or modifzcation of any of the provisions of tlus Contract shall be binding unless in writing and sigued by a duly authorized representative of tha City and the Contractor. J. Severabilit,y. If any one or more sections, sub-sections, or sentences of this Contract are hald to be unconsdtutional or invalid, that decision sha11 not affect the validity of ttre remainimg portion of this Contract and the remainder shall remain in full force and effect. K. Entira Contract. The written provisions and terms of this Contract, togeiher with any referenced documents and attached Exhihits, supersede all prior verbal statements by any representativa of the City, "a�id those statemants shall not ba construed as forming .a part of or altering in any manner tius Contract. This Contract, raferenced documents, and any attached Exhibits contain the entire Contract between the parties. Shauld any language � in any refe�renced documents or Exhibiis to this Conh•act conflict with any Ianguage contained in this Contract, the terms of this Contract shall prevail. SMALI. PUBLIC WORK CONTRACTNO. 11-12 May 16.2011 Page 12 of 13 IN WITNESS WHEREOF, the parties below have executed this Contracf. NORDIC CONSTRUCTION, INC .�, ��.�''-,- {Signature) � By Martin J_ Erick,Sp.n (Print name here) Its President (Authorized representative) DATE: May 26, 2011 Contractor's State License No. NORDICI110LZ State Tax Registratiou (UBn No. 601-164-241 TY OF � {Signature) By Peter B. Lewis Its Mayor DATE: ��N 8 ZOIi Federal Tax ID # Notices to be sent to: Notices to be sent to: CONTRACTOR Attn: Martin Ericksen Address: 106 55�' Avenue East Fife, WA, 98494 Phone: 253.922.3100 Fax: 253.922.4594 E-mail: martin@nordicconst.com H;IFORMS1FC125 (Rev. 12/I/06) SMALL PUBLIC WORK CONTRACI' NO.11-12 May 16, 2011 Page 13 of 13 CITY OF AUBURN Attn: Leah Dunsdon 25 West Main Street Auhurn, WA 98001 , Phone: 253.931.4013 Fax: 253.931.3053 E-mail: idunsdon@auburnwa.gov ATTEST: Dan lIe E. Daskam, City Clerk APPROVED AS TO FORM: / aniel B. d, City Attorney '�� CONTRACTBOND CONTRACT N4. 11-12 . __....- - ------- �- ------�--------------�� BOTVD. N0,..0157088 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Nordic Construction Inc. 106 55`h Avenue East Fife WA. as principal, and BerkIev Re�ional Insurance Companv, a corporation, organized aiid existing under the laws of the State of Delawaze as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly baund to the City of Aubunci, Washington, in the penal sum of fifty-three thousand, six hundred five dollars and one cent ($53,605.0 I), for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this 20th day of Mav 2011. Nevertheless, the canditions of the above obligation are such that: WHEREAS, the City of Auburn on the 16th day of May, 2011, let to the above bounden principal a certain Contract. The said Contract being numbered 11-12 and providing for the construction of Project No. �10A, South 277�' Street Reconstrucfion-Wetland Mitigation Improvements (which Contract is referred to herein and is znade a part hereof as though attached hereto), and . WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal �sha11 faithfully and truly obse�ved and comply with the terms, conr2itions, and provisions of said Contract in all respects and shall well and truly snd fitlly do and perform all matters and things by them undertaken to be performed undex said Contrac#, upon the terms proposed therein, and any and all duly authox�ized modifications of said Contract that may hereafter by made, and within the tune prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontaactors and material men, and all persons who shali supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auhurn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance af said work, and shall in all respects faithfully perform said Contract according to law, and shall indemnify an�d hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that thzs document sha11 not be enforceable unless and unti! the City of Auburn awards and executes the Contract to the undersigned principai. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the wndersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes.increasing the total amountto be paid the..Principal shall automaticallXincrease the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — f ve percent (25%) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that af�er the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10%) of the value of the impravements to the City or two thousand dollars ($2,000), whichever is greater, to warranry against defects appearing or developing in the material or workmanship provided or perfazmed under this Contract within a period of one (1) year afler acceptance. Not withstanding the reduction of this bond, #he principal and surety shall hold the City of Aubum harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. � • Tt is hereby expressly agreed that if any ]egal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this 20th day of May, 2011. : Nordic Construction, Inc., Principal $er ley Regional Insurance Com,�an� SUretv P� Box 2940 Tacoma, WA 98401 253-759-2200 Ttesident AgenYs Address & Phone Number POWER OF ATTORNEY No. ]220d BERKLEY REGIOIVAL INSURANCE COMPANY WILMINGTON, DELAWARE -� NOTICE; Thc �yarning found elsewhere in this Power of Attorney affects the validity thereof, I'lease review carefully. � KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL iNSURANCE COMPANY (the "Company") a �, corporation duly organized and existing under the laws of the State of Qelaware, having its principal office in Urbandale, Iowa, � has made, constituted and appointed, and does by these presents make, constitutc and appoint: Karen Swanson, Artne E. Strleby, ' Ju!!e R. 7Yultt, Peggy A. Firth, Ertc Zir�nrermrut, Bren� E. Hellesen, Jennlfer Snyder, Chrlstop/rer Ifinyon, Mellnda R. Carlson � or Brady Morlarty of Propel Insurartce of Tacoma, WA its tnte and lawful Attorney-in-Fact, to sign its name as surety oniy as �� detineated below attd ta execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of N.c Financial Guaranty Insurance, providing that no single obtigation shall exceed Ftifty Million and 00/100 U.S. Dollars ��(U.S.$50,000,000), to the same extent as if such bonds had been duly executed and acknowledged by the regutarly elected officers ��-Q of the Company at its principal office in their own proper persons, "O y 'c ;� This Power of Attorney shall be construed and enforced in accordance with, and governed by, the taws of the State of Delaware, � � without giving effect to the principles of coniiicts of laws thereof. This Power of Attorney is granted pursuant to the foliowing c� resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: o � ; U "RESOLVED, that the proper ofticers of the Company are hereby authorized to execute powers of attorney suthorizing and "�, � qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations �° on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; o .o and further �' �. RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, F:, � or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the .� o manner and to the extent therein stated; and further �..� RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and � � further °� RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any .� � power of attorney or certification thereof authorizing the execution and delivery of any bond, undcrtaking, recognizance, or c 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as �� though manually affixed. The Campany may continue to use for the purposes herein stated the facsimile signature of any ��, person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have `� .^ ceased to be such at the time when such insduments shall be issued." � -es '� � IN WITNESS WHEREOF, the Company has caused thesc presents to be signed and attested by its appropriate officers and its C� corporate sea! hereunto a�xed this `� day of i�c�.:�::m.t.�-«.L •, 2010, O v '� a Attest: � Bcrkley Regional Insurance Company � � .-�/ .---� of-�- (Seal) gy .� � �/. % .. $Y o� Ira S. L de � an Je . Hafter �U � Senior Vice President & Secretary or ' President o� WARNING: THIS PUWER iNVALID 1F NOT PR[1vT�D ON BLUE'BERKLEY" SECURiTY PAPER. "' ' M STATE O� CONNECTICUT ) � ^ � ° ) ss: ^' a COUtYTY OF FAIRFIELD ) '� � �� Sworn to before me, a Natary Public in the State of Connecticut this _� day of �� -r✓�� ; 2010, by Jeffrey M. Hafter and �� Ira S. Lederman who are sworn to me to be t��e�c�ytifice P��sj�,�nd the Senior Vice President and Secretary, respectively, of ,, „ Bcrkley Regional Insurancc Company. �� • •�-• _.�� nI ((%(�'�.y� �� y,� )�� f+'� � ".'i�VU��JP.,� � X:�f�� .i �LItiN:.� I�I� �..� l.:_../� / � _ i'..C.. t. �. � �'� Notary Public, State of Connecticut '� •`� CERTIFICATE �� I, the undersigrted, Assistant Secretary of BERKLEY REGIONAL fNSURANCE COMPANY, DO HEREBY CBRT[FY that the Q �, foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attomey has not been revaked '� or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in fuil force and effect as of this date. Given under my hand and seal of the Company, this �� day of ,�_ (Seal) � ��, Steve Coward Search > BERKlEY REGIONAL INSURANCE COMPANY Ganeral FnPormation BERKLEY REGTONAL INSURANCE COMPANY General j Contact � Lkensfng � Appolntments � Complaints � Orders � Natlonal Info ( Radngs . Contactintormation Page 1 of 2 Name: BERKLEY REGIONAL INSURAIVCE COMPANY Malling address Corporata femllyproup: WR BERKLEY CORP GRP wnatrst 7 R��stered address pp gOX 1594 Orpanizatbn type: PROPERIY . �- 1209 ORANGE ST pES MOINES, IA 50306- WILMINGTON, DE 19801 1594 waoYC: 94518 NAIC: Z9SSU status: ACTIVE Admitted date:l2/1d/1992 Ownerahip types $TOCK �P back ro top Types of coverage authorized to seil _�,�s� Telephone 800-235-2942 7elephona 800-235-2942 1' back to top Ayents and agencies that represent this company (Appointments) w c aus� View aDents Vlew ayencies ? back W top Company comptalnt hiatory What fsthls7 Vlew wmplalnts t back to top • Disciplinary orders 2008-2011 wi,ee� � No dlsdpllnary aders are found Looking for other orders? Our onUne orders search allows you to search a ten year history of aH orders, includ(ng enforcement orders, administrattve orders, and general orders. � 4 back to tap � . Natfonal information on insurance companiea Want more informatlon about thts company? The NAIC's Consumer Information (CIS) page allows you to retrieve national flnanclaf and complalnt information an insurance companies, plus has informatlon and tips to help you understand current insurance issues. T back w cap ' . Ratlnys by flnanelal or,ganizations 'fhe following organizations rate insurance companies on their flnanclal strength and stabllity. Some of these companles charge for their services. A.M, Best � Weiss Group Ratings Standard and Poor`s Cor Moody's Investors Service http://www.insurance.wa.gov/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=9... 6/8/2011 Best's Credit Rating Center - Company Information for Berkley Rcgional Insurance Conn... Page 1 of 2 Ratings & Analysis Cen�er Regbnal Centen: Asla pqciflc � Canada � Europe, Middle East and Afrlca Raflnps & Analysb r s Hwlp i BD9C8 QBdi f�119i + s letuer C ��Ratl �s • Debt Raurgs • AdVanced Seeroh a ADoul BesPS Cndft RaUnpa + � Oet a Ctedl Re6rp + � ee.c's spsder Reporta s Ad0 BYW'i Cfidl RWitqq�s 3earch To Yar SiN � BesNAedt for SewfaRekd �� CoNac� an Anatyct s Awardf and RgopgNllong Naws i R�saueh Products i Ssrvices Industry IMOnriatlon w Corporate M Support & R�eources v ConTero�en and Evants v Berkley Regional Insurance Company (Qn191TIbBfW_W_. R Ber�lde��m�nl Homa � About Us � ConWct Us � Slbmap �� " -- -•-"------ --------- FOfpIf1�S80QpNdlqlBCCelg � """' "" - A.I�i Bost #: p11&16 NAIC 0: Y8680 FEIN 11: ��U132688 �Gned b Hn.00YliMO4 R�gy� , � o�gjq �n aeFSr a:l . .... ..... ..�'R .. lhathevo.ln �y. a '! � Perenl StodcTBdcer Nsw Yak Stodt Ewdierpe yy�ypgg °� °��0^� ° i F1nd a Beat'i Credil Raling Addrets:1120tUouplaaAVenua �+P��edBlybmoetthdrorpdny � � Urbnndde. IA 80322 �"�"� �er a CaoPern Name �� i • ------ --�----� �wirEperp7pc .. ._..-----�� ■� Phaie: 203$28.'i000 Fe�c 203�26�073 vwx,mmy,�,m,m,,r�m ` ��et-Rated ayntito_,� :� BeaNe Ratinge • Financlal Strength Rayn9� � u�uarCrotlitRatlnBs � ViawXafiuglkfb�lftais Ralinp: Ar (Superlar �� Sded ana_ � � 1 Lonp-Term: w- (8uperfor) FlnancW Ske Cetagory; X(S50p rpilion b Oulbok; StaWs ' S7b0 MlAion) qu� �� Outlook Stable Date: Aprll 11, 2011 Aaiorc Affirmed EffecWa Datac A{xN 11, 2011 ' /%nofea Unabr Redew Beafk Reflma ' Otflce: AM. Besl Company S�nlor FlnanUal Analyal: Davld S. Bfadea Asslafant Vics Prssid�nt: Jo�ph Aq. Roelhe� - ReporM end News Vfait our NewsRoom for tha leleat rmm erd w• rele ��• tar thia comparyr and ks AM. Beat Group. {� AMB Credit Ra�.lne�ran�e Prefa �la-al _ ��qy�y gBeCa FI11mlCial SUerlgth 1__' Ralhp ond rolbrrela alonp wlth camprotwnalva analy[kai oortxrteMary, dolailed � Duslrass ovmvkw arxl key finencid data. Report Ravlsion Dah: a8/01R011 (ropresents the I�eel dpNpraM chan�e), Hiataieel RepoAs are avafleble In _a__us C.�+H Re� - Ir� �a orafasaL�,yn � A[S�d�m. BesCs ExecuHw 6ummary Rsporla (Financtd Ovsrvisw} - ayaileble fi firee .;J verolons, lhese preseMatWn alyls repoAs teatwe balanee eheal, k�come statemerN, kay flnancla! pwiqmance lesls incy�dhg profdabililY, llquWity and reoetvo analysb. Date Status: Z011 BssCs Statemen( FYe _ p1�� US. CoMehs deta oompilsd as of 87I2011 (Guapy Crop ��, . • Sinde Comoanv _�e y�,� ry��pl data apedfically on ttiis compeny. • Comoert■oo _ y�e.yy_� ��I ansyeb of giis compeny wNh a pser Oraip oi up W tive otlier compenbs you eebcl. • Comnoslm - evaluate Ihie companys financiak eya6ist a peer yroup canposte. RePort dlsplays bolh Uw avwaga and totel canposke of yair selected peergroup. Z °' - providea Ihree yeaw of key '�''� Iinencial data pteseMed wflh oolorful char(s arx! lables. Each rapwt elao (aeGuea IFw letest Best's Ratlnpa, Rat(np Ralionals and an exce�t trom our Business ReWew commenfary. Data SGWe: COMeM1e de19 cafnpibQ gg p( 6(/Jp011 (Cu�Ry Crou CheekedJ, �BasN� Kav .tLtm cy�iw Pr�_en non R- r[ _ hd�es peafs F(nendal'SUenpfh 1 Rating end 1lnencfal data ae prpy�dad N BesCa Key Ratfnp GWde producls. Data Statua 2009 Flnsnciel Oala ppu.ry cross cneac«q. Financlal snd Analytkat Products Bas1's Ksv ReHna [Lade _ p i I. 8 aned� . @eaCs Stelemenf Flls - P 1R BeaCe Stalement F9a - lobal Be�Ps Inaran�e R000Ae . p/G !JS & ane� ' Beslh Slete Lkm _ P c Seel'e Inauranrw EYee�e xh6M (JF ]-F pM ��4 @sslle SchaduL9 F (Reinsuance) P S BeaPa Srl�edute D Icln�al Bdds1 (14 BesYa Sdied�� D fCom n a� i i iq http://www3.ambest.conn/ratings/FuIlFrofile.asp?B1=0&AMBNum=11945&A1tSrc=1 &Alt... 6/8/2011 W.ASHINGTQN Escrow Agreement For Retainage Declined NORDlC CpNSTRUCTION, 106 55�' Avenue East, Fife, WA (CONTRACTOR) acknowledges ihat #hey have been offered the option of setting up an escrow agreement for their retainage on Contract No. 11-12�, Project No. C430A, South 277th St. Reconstruction-Wetiand Mitigation Improvements. The CONTRACTOR declines to sef up an escrow agreement and understands that the City wi)1 hold the 5% retainage with no interest untif the project is complete, accepted by the City, and ait releases and liens have been satisfied. " Authorized Signature Martin J. Ericksen Print or Type Name President Title � 06/03/2011 Date File: 13.11 (CP0745} t1UtSU� �k MC:�RE THA1V 1rQi) lMAG1N�D , Client#: 110739 NORDCONS ACORDn CERTIFICATE QF LlABILITY fNSURANCE °"�0201°; ""' THl3 CERTIFICATE 13 ISSUED AS A MA7TER OF INFORMATION ONLY AND CONFERS NO RlQHT8 UPON THE CERTiFICATE HOLDER. 7Hi3 CERTIFICATE DOES NOT AFFIRMATNELY OR NE(iATIVELY AMEND, EXTEND OR ALTER THE COVERA6E AFFORDED 8Y THE POLICIES BELOW. 7HI3 CERTIPICATE OF IN3URANCE DOES NOT CONSTRUiE A CONTRACi BETWEEN THE IS3UING INSURER(3), AUTHORIZED REPRE8ENTATNE OR PROpUCER, AND THE CERTIFICATE HO�DER. IMPORTANT: If t e cartiticate hoider la an A DITIO AL INSURED, t e policy(les) must be en orsad. If SUBROGATION IS WAIVED, eubJect to the terms and cond(ttons of tha policy, certsin poffcies may require an endorsement. A statement on thia certlflcate doea not conier rights to the certiflcata holdQr En liau of such endorsement{s). VRODUCER Propel insurance _ u�ae: Chrlsftne Maden �"E , gQ0 499-0933 Tacoma Commerclal Insurance • N, : 886•577.1326 1201 Paclftc Ave, 3uite 1000 non�ss: CLM�propelinsurance.com Tacama, WA 98402 � INBURED _ IN8URER AFFORDlN6 COYERAOE_ NpIC p Nordic Constructfon Inc 106 55th Avenue East Flfe, WA 98424-2426 B; Alaska National Insurance c: E: NVYLRAVC�I CERTIFICATE NUMBER: RE"Ni810N NUMBER: THIS IS TO CERTIFY THAT THE POLtCIE3 OF lN3URANCE LI3TED BEi.OW HAVE BEEN ISSUED TO THE W3URED NAMED ABOVE FOR THE POLICY PERIOC NDICATED. NOTWfTHSTANDING ANY RE(lU1REMENT, TERM OR CONDITtON OF ANY CONTRACT OR OTHER DOCUMENT WITH RBSPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PBRTAIN, THE INSURANCE AFFORDED BY THE POLICIE3 DESCRiB�D HER81N IS SUBJECT TO ALL THE TERMS, EXCU1810N3 AND CONDffION3 OF 3UCH PaLICIE9. LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM3. TYPE OF MISURANC@ B WCY EFf OL Y E%P POUCY NUMBER MI,W M� LIMITS A�"�'""s� X EF4ML02963111 1/2712Q1101/27/201 Enct�occuw�r�ce s1001 X COMMERWd.OENERAL LU181LITY PREMI5E6 oca SSQ,QI cwMS►,a°e Q°c�� MEO sxP ane � SS OOI X BUPDDed:;5,000 PERSONALRADVINJURY s1,001 $ AUTOMOBILE LIA8ILITY X iwy nuro ILLL OVW�IED AUTOS 8CHEDULEO Al1TQ9 X HIRED AUTOS X NON�OwNEDAUTOB UMBRELLA LIAB excees une oeoucr� I rwo �P�or�ns� u�siuTY A ANY PROPRIETORlAARTNERI liy;il occuR X w� 11AAS03816 EF4CU00302111 (WA Stop Gap) EF4ML02t63111 S 19 01/27/201 COM8INEDSWpLEUMIT a f Ea ecddenU BODILY INJURY (Parpenon) S BOOILYINRIRY(PeracddaM) S PROPERTY OAMAOE s (Peracddenq s s 9 01I27/201 eaca occur�er,cE si 1/2T/2011 w_..,..,�...,..-�..,.,... �.�.. B Install Floater 11AAS03816 1/27J2011 01/27l201 a400,000 /;1,000 Ded A Poltution Liab EF4ML021639t1 �i2�r1e�� n�r��r�n� S1MIS2M 55000 DAd DEBCRIPTION OF OPERATtON9/ LOCATlON8! YEHICLES (Athch ACORO /01. AddNlond Wmarks goh�duN, (f ma� �pau k r�qulnd) ------ RE: Projecf No. C410A / South 27Tth St Reconstructfon - Wetland Mitigatlon Improvaments. City of Auburn is namsd addittonai insured per attached endorsement. Cfty of Auburn 25 West Matn Street Auburn, WA 88001 ACORD 25 (Z009/09} 1 of 9 �5688842/MS97740 8HOULD ANY OF 7HE ABOVE OE9CR18ED POLICIES 8E CANCEtLED BEPORE THE EXPIRATION DATE TFIEREOF, NOTICE WILL BE DELNERED W ACCOROANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVB I%3r,p,.�- dr . �•�Ct.�t.�a., � 01988-2009 ACORD CORPORATION. AIf rights reservad. The ACORD name and logo are replstered marks of ACORD BEB00 Why We Are Using ihe Latest ACORD 25 Certificate of lnsurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal af the canceUaiion notice pravision. For the foUowing �easons, we are unable to issue an alder edition of this form, modify the current form, or comptete a proprietary form you provide • Notice af canceltation is a po[icy right, not an unreguiated service. No insurer shown on #his certificate fs abie to provide the cancellation notice yau desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. Stat� law also grants the Insurer the right ta cance! for reasons such as nonpayment with Iess notice th�n you require. •�or the reason just cited, if our agency was to issue a certife�te tha# pravides the cancellation notice you request, we wouid do so with the ful► knawledge tha#.it would be impassible to actually g'tve that amount of notice under certain circumstances. As such, the certi�icate could be alleged to constitute a.mi$representation or fraud which could subject our agency and stafF tn serious civi! and crirriina! �enalties. � � _ • • . •. . • If a certificate purparts to provide a policy right different from that provided by the poiicy itself, then the cert�cate effectively purports to be a policy form. Policy forms must be fii�d and approved by our state department of insurance. Useaf nonflled policy forrns is illega! and could resu(t in iegai sanctions dist(nct from the assertfon that ihe certificate is fraudulent. • Under the AC�RD Corporation's licsnsing agreement, the prior editivns of superseded forms can be used for one year from the time the new forms �are introduced. Beginning in September 2Q1 U, this is ano�her reason we cannot use an o(der edition of #he ACORD 25. Doing so would violafe ACORD's lip�nsing agreement and, as a copyrighfed document, federal copyright law. • i.ikewise, we are unable to modify the new cert�cate io add a notice of cancellation. ACORD forms are destgned to be completed, not altered. ACORD`s Forms lnstruction Guide says that a certi�cate should nat be used "To waive rights...Ta quote wording from a contract...To quote any wording which amends a policy untess the policy itself has been amended." !n additivn, our insurance company contracfs only al(ow us fo issue una(tered ACORD forms. • We are often asked to issue proprietary certificates provided by the certi�ca#e requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many propriefary certificates include broad, vague or ambiguous language that may or may not be incompliance with state (aws, regulatlons, and insurance department directives. Therefore, we cannot issue any propriefary certificates. We appreciate your understanding oi the legal restrictians on our ability to fully comply with your request Nordb ConaUuctlon Inc POLICY NUMBER: EF4ML02163111 COMMERCIAL GENERAL LIABlLITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDtTtONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 7his endorsement modi�ies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Blanket by virtue of a written contract to complete this Schedule, if A. Section II — Who Es M insured is amended to include as an additio�al insured the person(s) or organization(s) shown in the� Schedule, but only with respect to Ilability for "bodify injury", "property damage" or "personal and advertising inJury' caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of tNose acting on your behalf; in the per�ormance of your ongoing operations for the addittonal insured(s) at ihe focation{s) desig- nated above. be B. With respect to the insurance afforded to these additlonal Insureds, the following additional exclu- s(ons apply: This insurance does not apply to "bodily injury" or "property damage" accurring after. 1. All work, including materials, parts or equlp- ment fumished in connection with such work, on the projeck {other iFian service, maintenance or repairs) to be pertormed by or on behalf of the additiona) insured(s) at the tocat(on oi 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in pe�Forming operat(ons for a principal as a part of the same project. CG 2010 07 04 a ISO ProperUes, Inc., 2004 Page 1 of 1 p Nordlc Construction Inc EF4ML02163'111 COMMERCIAL GENERAL L1ABlLITY ECG 24 514 05 00 THIS END4RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVlSiON - YOUR OPERATIONS Thts endorsement modiffes insurance provided under the iollowing: COMMERCIAL GENERAL LIASfLITY COVERAGE PART Paragraph 4., �thar Insurance of Conditions (Sectio� IVj is amended by the add)tion of the ioliowing: if (nsurance simflar to this insurancs fs held by a person or organfzat(on ihat Is; a. An owner of real or personal properly on which you are performing operatfons; or b. A contractor on whose behaif you are perfo�ming operatfons, this lnsurance is primary to that other (nsurance, and that other Insurance shali not contribute to amounts payable under ihis lnsurance, tor ilabtltty arls(ng out oi your ongoing operatlons peHormed tor that person or organlzatlon under a wrllien contract. However, this does not apply to any person or organlaation: a. From whom you did not recefve a speciflc wrftten request that thla insurance be p�mary Insurance, or li you did not recefve that request prior to the date that your operatlons tor that person vr organization commenced; or b. For vuhom a certiflcate o! insurance ev(dencing that request is not on flle w(ih, or rece(ved by, us prior to s(xty days after the end oE the policy perfod for this insurance. ECG 24 514 05 00 Copyright, Everest Reinsurance Company 2000 p Includes copyrfghted material of Insurance Services Oi(Ice, lnc. used with its permisslon Copyr(ght, Insurance Servfces Oifice, lnc., 1997 Page 1 of 1 Agent Copy Nordfc Conakuctbn Inc POLICY NUMBER: EF4ML02183111 COMMERCIAL G�NERAL LlABlLITY Ct� 24 041 � 83 TH1S ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. WAIVER 4F' TRANSFER OF RiGHTS OF RECQVERY AGAINST OTHERS TO US Thls endorsement modlfies Insurance provided under the following: COMMERCIAL G�NERAL LfABILITY C01lEftAOE PART SCFIEDULE Natns of Person or OrganEzation: Any person or organization,truatee,estate or govemment entity to whom or to which the Named Tnaured is obligated, by virtue of wri�ten contract to provide inaurance, Such As is Afforded By This Policy. - (If no eniry appears above, information rec{uired to complete thls endorsement wfll be shown in the Dactarations as appltcable to this endorsemenk) T'he TRANSFER OF RiGHTS OF RECOVERY A�AINST OTHERS TO US Condit(on (Section iV -- COMMER- ClAL GENEFtAL LIABtLITY CONDITiONS) Is amended by the addition of the following: We waive any rfght of recovery we may have against tbe person or organization shown in the 6chedule above because of payme�ts we make for tnJury or damege ariaing out of your ongoing operations or "your woric" done under a contract with that person o� organization and Included ln the "products-completed operations hazard". This waiver appi(es only b the person or organizatfon shown ir� the Schedule above. CO 24 0410 93 Capyright, Insurance Services Offlce, Inc., 1992 pag� � at � ❑ N°ro� Construdlan Inc POLICY NUMBER: EF4ML02183111 COMMERCIAL GENERAI, L�qg��lry THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ tT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modiftes insurance provided under the following: COMMERCIAL GENERqL LIABILI7Y COVERAGE PART. SCHEDULE Name of Person or Organtzation: � AI�1Y PBRSON OR OR(3ANTZATION POR WFIOM YOU AR8 pgRgpg(KYATG OPERATION3 WHBN XOU AND 3UCH P$RSON OR ORGANIZATION HAVB AGRggD IN WRITING IN A CONTRACT OR AGREEMENT THAT $t7CH pERSON OR ORGANIZATION BE ADpPp pg p� ppDITIONAL INSUIiBD Ol�i YOUR POLICy" , (ff no entry appears above, information required to complete this endorsement witl be shown in the Declarations as applicabls to this endorsement.) WHO IS AN INSURED (Section tl) is amended fo include as an insured the person or organizaUon shown in ihe Schedule, but only with respect to !lability arising out of "your work" for that insured by or for you. CG 2010 19 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ Catriers / Suiplus Line Association of Washington Page 3 of 4 Inclusion on this list does not indicate that fhe cart•iex meets the requirement as an appropriate insurer. The Surplus Line Broker is soleiy responsible for determini.ng fhe qualifications of each cai�rier. Being on this list means the carrier is recognized by the Surplus Line Associataon of Washingtan and �ilings by brokers for the carrier will be accepted for examination. Ali Insurer EMPfRE INDEMNITY INSURANCE COMPANY ENDURANCE AMERICAN SPECIAL1'Y INSURANCE COMPANY ENDURANCE SPECIALTY INSt1RANCE, LTD. ENERGY INSURANCE MUTUAL, LTD. ESSEX INSURANCE COMPANY EVANSTON INSURANCE COMPANY EVEREST INDEMNITY INSURANCE COMPANY EXECUTIVE RISK SPECIALTY INSURANCE COMPANY • About Us .� • News •� • e b rs •� • Filing Infoimation •� • Brokerage Fu�ns .� • SLIP •� • Laws & Regula#ions •� • Education •� . Links •� • Board of Directois • Home •� • Downloads .� Address 1400AMERICAN lANE SCHAUMBURG, IL 60196 333 WESTCHESTER AVENUE WHITE PLAINS, NY 10604 4NELLESLEY HOLlSE PEMBROKE, HM08 3004 BAYPORT DRIVE TAMPA, FL 336078412 4521 HIGHWOODS PARKWAY GLEN ALLEPI, VA 230606148 TEN PARKWAY NORTH DEERFIELD, IL 6001•5 P.O. BOX 830 LIBERTY CORNER, NJ 07938 15 MOUNTAIN VIEW RbAD WARREN, NJ 07059 http://www.surpluslines.org/Brokerage Firms/Carriers.aspx 6/2/2011 Best's Credit Rating Center - Company Infarmation for Everest Indemnity Insurance Com.,. Page 1 of 2 Ra�ings 8z Analysis Cen�er Reglonal Cantsra: Asia Pacffic ( Canada � Europe, Middla Esat and Afr1a Rattnps 3 Anelysis r sFbmp y Baslh Credil RWnps • s Isauer CreQ Re1�4qs�� s peW ReSnps � ACVanceA Saerch s Abwt Beel'a CretlR Ra�hga+ D (�918 i�/9f� Re�f1� + 71 �BS�'t SplC� j�Q((y y Add 6eaPs Gerit Ratlnpa Seardi To Your SiN r BealM6erlcfaSeare-Re1ed �� s Contac! m Malyal � Awarda arW RecopniGorq Newa 3 Rawareh Products d, Servleae IndasUylniormdlon y Corpwats v Support & Resourcas v Ca�fxm�ces arW Events v Everest Indemnity Insurance Comparry � �� -� (a flKrtlberaf Evarest Re .. im �---...._ -- - ---- - -- - -------- AM.Baetf:012088 NAICA:90B61 FFJNN:271620J17��D�1edlo ReueWW. Rrbp I comPeNes seear 1 Ou�O�IML a � '� I aaren� sadc ncker Wewv«xsaoac Exa,erqem[se.ee � Addrasc P.O. Bwc 830 s�VaAOr eb811y b maet Uafr orpo4g Ll6erly Caiwr, NJ 07638-0830 Inauranw obDgetlons. I ' _"—_'"'.._...,__..._..._...._... _"' l�:;� STA7 c . ' �� P1ane: 90BH043000 Fmc 808�01•3450 w�e:,�.m�m,r�m BasPa Radngs Home � About Ua � Cantact Us � 8ttemap neoe I....Far ratlrbe and producl accesa ( .. .1.4silQ �. ..... t Fhid a Basl's CYtdif Ralirrg ErriEfa NBine � �� . ,�""°�i�et'Rated �vii.�.tQesc : Financial Strangth Rapngs � lesuer Credit Ratlnya � I Ytew RM6igDeJfnillals Ra4ng:A+(Superlor) � �10�°..: � ong-Term: ar• (Suporior) MIIlapoit Code: g(6rouP� Oulbdc Stable Fhancfal3iza Calepory: XV (y2 gR�ton pr q�yq� Ary��d pteatef) � Date: July 29, 2a10 Outbok Stabfe Aclion: AtNrmad Effactive Datx July 29, �010 ' Denotes t/nderRevlew� OHice: AM. 8esl Company Sonior Ffnanclaf Malyst: Gale Guerra Aasfatant Vlcs President: Peler Didcey Reports And Newo Visil our NeweRoom ta Ihe �a(eat newe and oress relesa � fa thts oompe�y and itt AM. Best Group. • f� AM9 Cradit vuort.lnnrancs Profes=�ona1- hcludea Best's Flnsndal Strength 'I _•y Retinp end retionsle abng witl� compreNensive anaylfca� eommentary, detailad businest wrervbw erM key Nnendal dele. Report Revlston Oate: 07l28V2010 (repreterne 1he lalest eipni6caM chenge), HlslarPcal Raports ara available in A[sd]hfa �B�sCs Exocutivs gummary Reporlr (Fi�ancial Ov�rvt�w) - evatl�p In lhrao � verefom, lhena preaentalfon etyle �epoAs teatwe belanca ehaet, income atatement, key flrreneiel per(ormanw teals incl�np prprylebildy. fpui4ty and reeerve anayels. Dale Slatus: 2011 Bast'a StatemeM File -PIC, US, Conlafna dete compAed as of 5/22l2011 (Du�py croa chWc.�. • Sfn e co,m^oa�v - flve years of firenclel deta speciifcsly pn Ih�s company. • Como�rison - eide-by-elda firwncial enalyefs of Wa canpany wrih e peet 8toup M up lo tive Wher canpaNes you eetecL • Commsite - eveluele this camparq/s Nnonciak agof�st a paer grouP . composko, Report displays bo11i lFw average and lotal composite of yar sekcbd paer9ro�P• � - provides three yearo W key -=' fnancid daW preeenbd wilh color/W cheAe end labfea Ead� repoA elso faetures tha lated BesCa Rel(nps, ReUny Ralbnale and en exce�pl from our Buaineas Hevlew comnwrMery. Data Statue: CoNalne data complled ae ot 6rz2t2011 �o,n9ty Cros� ch�dcw). �6eaPa Kav Ratrna �wd. a�..a..�.a..., oe.._. _ hcludas BesCs Flnendai Strenpth .i Rathp and tinandal dala as pro�rided In BasCa Key Raling f,uide'prod�te. bata 8taWs: 2009 Flnanctaf Data (ouuy crosc chaacea�, Flnanelal end Mdytiea) Produch ' BeaCs Kev Retlna •�k1e. P! lyg��,a �;_ Besl'a S�•temeM F[e - P/G �c Besl's c ns erd Fya _ p�a�l 8est's Ine�_= ce Reenlw _ P -�JS 8 Gane.',a BesPa Ste[e Lins - P. n� ' 6ea1's Inauranee EYQen.g E�d,q�p ( c�) -p �q @osTs Schedule F(ReYreu �a� _ arr i�c Beat's 3d� ie D{preferced gtoGat _ i �q http://www3,ambest,com/ratirigs/FullProfile.asp?BI=O&AMBNum=12096&A1tSrc=1 &Alt... 6/2/2011 Page 1 of 2 Search > ALqSKA NATIONAL INSURANCE COMPANY ALASKA IVATI011�AL INSURANCE COMPANY Generat � Contact ( Licensing � Appofntments � Complalnts ( Orders ( Idattonal InFo � RaGngs General information Contact Fnformatlon � Name: ALASKA NATIONAL INSURANCE COMPANY Repistered address Corporate famp Mailinp address r group; n/a wnac ��n�� 7001 ]EWEL LAKE RD 7001 JEWEL I.AKE RD orpanlzaUon type: PROPER7Y ANCHQRAGE� AK 99502 ANCHORAGE� AK 99502 waoic: 24 NAIC: 38733 status: AGTIVE Admltted data: 06/25/1984 Ownership type: ST�CK T badc to top Types of coveraye authorized to sell whae K N�st Tala hone p 907-248-2642 907-248-2642 T uadc W top Agents and agencies that represent this company (Appolntments) wnac��nisr vtew agents view apencies ? back to tap Company compiaint history wn.trs.�hicr Vlew complalnte 4 back tn top Disciplinary orders 20Q8-2011 wh�t i�,p,rs,a !1b dlsdpllnary orders are found Looking for other orders? Our onlfne orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders,'and general orders. �r ��x ro t� . Naitonal informatlon on ineurance companies Want more (nformatfon about this company? The NAIC's Consumer Informatfon {CIS) page allows you to retrieve natfonal financfal and complaint Informat(on on insurance companies, plus has information and tips to help you understand current tnsurance issues. Y bnck to top Ratlnps by flnancfa! organizations The following organizatlons rate insurance companies on their Flnancial strength and stabflity. Some of these companfes charge for thelr services. A.M. Best Welss Group Ratings Standard and Poor's Corp Moody's Investors Service � �ttP��Ww�w•insurance.wa.gov/consumertoollcit/Corr�pany/CompanyProfile.aspx?WAOIC=24 6/2/2011 Best's Credit Rating Center - Company Information for Ataska National Insurance Compa... Page 1 of 2 Ratings & Anaiysis Center Regiona! C�ntarc; qs�a pacipc � Canads j Europe, Middlo Eact and Africa R�tlny� 3 Analycis Y s FkHns r BaePs Qfadll Rglk�ps ♦ s lewef Cre4t�Rall�rgs�� s Debl RaOnps r Advarretl Seerch s Aboul Beel'a C�edlt Rmlrpy + i Oet a Credil Rdiny + � Beatb Spedei Reporfs � Add BesCs Cre6t RAWyys S6wdi To Yar &1e s BmfMafk faC Sewre-R�ed Insu�en � COMBCt Bfl M91ysf s Awards and Reoog�itfions Newa d Reaearch Producte 6 gervices Industry fntwmaUOn a Corporate v Support 3 Rsaourcas d conteroncea and Eyants a Alaska National bzsurance Company � 0.M.BestN:002848 NAICA:38737 FEINN: 820G77864r��dro Rmmw" ... ..A�nny �� seest ��,� A nl Addresa 7001 Jexrel I.eke Rqad °w � And�reDe. AK B9b02-2826 a� axcellenl Bdpty lo mee� B�eM � NIT D �iATE4 p!��8 �M�Ca OdlygQp��, - ---' -'---� -'- �- � Phone: 907-2A&2842 F�oc 9p7 288-9262 VY§k BesPe Radng� Hana � About Oc � Conhct Us � Sjtemap � �� I For ratlngs and product aaess I � 440141 � ! Fhid a Bes!'s Cndil Rnllr�g 6ner a Neme � s� �('�'Get R�ted.nyn.►io�5c : �_ --� ,� Pinanciaf 8trenpth Ralings � �ssuer Credit Rattngs Vlew oen,mon, �/ew Ratli�g DcfL�l1lars Ratlng: A(Exedlony Long-Term: a(Ezcallenq I�j�t�,,, � Fnandd Size Calegory: IX ($250 Mildon b Oulbok: 34bfe E500 M@lon) Actlon: Afflrmsd Outlodc: Slabls Date: Octobar 26, 2010 Aclian: ARirmed ERedive Date: Octobsr 26, 2010 ' Qenofes UnderRevAew gasfs RaBna= OfHce: AM. Beat Canpany Senlor FNanclal pnalyst: Gadan McLean Asatstant Vice Prosident: Oerard J. AHOnJi Reporta and Nawa V bft aur NewaRoom /or the leleat news end �ae rele_=aea fot this compeny and i�s AM. Best Group, t� AMB Crodlt R�oa.� .Ins�rancs Protesslona[ -��e Bespa FU7ancJai StrenpUi 1�} Rai�p end raUonale alonQ wNh compreherreive enelyUcal wmmentery, datailed busineas overvlew and key Iinendal data. Report Rsvhion Dah:1 Dl282010 (teprss�rHS tFy �leat eip�W�y„ ��, Hlslorica( Repats are availeble In AsAB credit Ranat Ins�rs ' Prof t-- � 6[td15m. .-U,��.. Beat's £xeculfve Summary RepoAa (Ftn anelal Overvlaw) - ev�laple h Uree ' varotons, Iheae preeenlatbn 9ryla ropons taxun 4aiana shae�, income MatemaN, keY 6�mnclal parfo�menco tasts hclWirg protYeWlily, IiqukAly and reaerva aneysla. bata StaWS: 2011 Bssfa Statemenl Ftb - p/C, U3. ConlaMa dela compiled ss of 5/122011 (GwBlyCroeeCMdt�, • Sinofr Comoanv -(�ye yean of fi�ancia� dala eped(icalty an fhla campeny. • Comnulwn -slde-by-elde Menc(a� analyaie of INa compenyv�n'tli a pe9r Yraup d up to five olher compenfes you select • SBmRS�itt - evaluete tlds companya tlnendals egatnst a peer proup compoade. Report tAspleys both Ihe average end tWal composila of your selecte4 peer 8ro�p, � AMB Credit ReppR . B�slnese Prota.slonal - i�'kiee fhree years W key .^�) fnancial data preeeMad wih oWaful d�arls and tablaa Eech report elso featuies ihe laleat Besl's Ra(inpa, Ratlrp Rsllory�le and an excerpt fran ow Bushese Review commentery. DaW Sptua: Containg dafa oompiled as of 5/22/2011 (ou.ny crou checkea�. �BeaPe Kev Ratlnn , ade presenhHen Reoort _ ��wdgs BesCs Fhend8l SVengih t rtaury ana mencla� aela ae provwed irt 9eslh ICey RaUng ouae proauds. Data StaW s: 2009 Fhmnclal Dela (awwy cm.. cn.acaq. Financial and Me1y1(ced Producfs BesYs Kev Relinp Ouide - P . C a, a ada BesMa SlalemaM �'ile - p .� 1S Beel's SletemeM File - lobel flgsYe tnaL-._ Ranerta - P!C 1S a, �� 8aslb Slale Llne - P/G US AesNa��„�nse Exhmif (I�F)_pM�l easCs adieeh�_e F(Ftefrm•�ran.�� _ air. i �s BeaCa Schedula D fM�nl¢.��I gondc) . IS Bece�a Srlrr9�le Q (G.�--m ¢I�k L�g 9ea�'s c� � D[Profe a�� - 1 S http://www3.ambest.conn/ratings/Fu1lProfile.asp?B1=0&AMBNum=2648&A1tSrc=1 &A1tN.,. 6/2/2011 CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 1 Contract No., Project No. and Project Title: 11-12, C410A, South 277th St. Reconstructior Wetiand Mitiaa#ion Improvements Contractor Name and Address: NordiC Construction 106 55th Avenue East Tacoma, WA, 98424 The Coniractor is hcreby directed to make the changcs to the Contract as described hcrcin. This document and all attactunents are a supplement to the contract. All work, materiais and mcasuremenis for the type of construction involved shatl be in accordance with thc contract documents of the above named projecl ttniess stated odterwise in this change order. Summary of Proposed Changes: 1. Eliminate invasives removal and emergent plantings. Add an additional 91 planting plots and a row of trees along the western and southern boundaries. Revisions shall be per the attached plans, titled "South 277fh St Reconstruction, Supplement to the Mitigation Plan", with a revision date of 6/20/11. 2. Additional supplemental mitigation work at the Frontage Road Site. Work shall be per the attached plan, titled "Exhibit A, Pianting Concept". The Contract time is extended by 15 days. Item I Sch. I Sec. No. I Item Description 3 A %psoil Type A 4 A Erosion Control Log, 9-inch Diam. �� 5 A Erosion Control Lag, 12-inch Diam. _6 _ A Bark Mulch (provided by the Clty) � A___ _ Bark Mulch (provided by Contractor) 8 A Biodegradable Weed Fabric 9__ A invasives Removal Complete 10 A _ Alnus rubra (Red alder), 2 Gal. ^ Carex obnupta (Slough sedge), 10 cubic cm 11 A plugs Comus sericea (Red twig dogwood), Ilve 12 A stake Juncus ensifolius (Daggerleaf rush), 10 cubii 14 A � _} cm plugs • ., . . , ` l.onicera involucrata (Biack twinberry), live 15 ' A � . stake �g A___ __ Picva sitchensis (Sitka spruce), 2 Gal. Populus baisamifera L. ssp. trichocarpa _ 17 A {Biack cottonwood), five stake 20__ __ A __ Salix sitchensis.(Sitka Willow), live sfake Scfrpus microcarpus (Small fnaited bulrush), __21 A 10 cubic cm plugs Sensitive Area Sign(s) (signs prov'rded by the 25 A Ciiy) C01-1 A Mobilizatlon - Frontage Road Site Plant Establishment Period Complete - Frontage Road Site, the Row of Trees and C01-2 A 11 Planting Piots Fi:�FormslFCazS.xls Quantity Upl� Unit Price Total Price (+/-) ($) (+/-) 40 CY 26.58 $ 1,063.20 300 LF 5.00 $ 1,500.00 50 LF 7.75 $ 387.50 -25 CY _ 24.00 $ �_. (600.00; 50 _ _ CY 36.25 $ 1,812.50 420 SY 1.22 - $- - - 512.40 __ -1 LS 4,828.00 $ {4,828.Q0) 18 _ EA 12.00 $ 216.00 -250 EA 2.40 $ 3� �A 2.40 $ -300 _ EA 2,40 $ 399 EA 2.40 $ 44 EA �2,pp $ 153 EA 2.40 $ _-1 EA 2.40 $ -350 EA 2.40 $ 8 EA 82.55 $ 1 LS 560.00 $ 1 � l.S ! 1,344.00 957.60 957.60 480.00 367.20 660.40 560.00 1,344.00 CITY OF AUBURN CONTRqCT CgAAJGE ORDER AGREEMENT NO. 1 Contract No., Project No, and Project Title: Automatic Temporary Above Ground Irrigation System Complete - Addition of the Row of Trees and 11 Pianting Piots, and undergrounding fhe system from meter to C01-3 A wetland mitigation boundary Populus balsamifera L. ssp. trichocarpa C01-4 A_______ �g�ack cottonwood), 2 Gal. C01-5 A - EA 11.20 $ .—_. ._ _ ----�-- Thuja plicata (Westem red cedar), 2 Gai. - � � `— — Physocarpus capitatus (Pac�c ninebark), 1 �6 EA 22_40 $ C01-6 A Gal. - � CO1-7 _q Rosa nutkana (Nootka rose), 1 Gal. - 110_ EA 8.96 $ 144 EA 8.96 $ C01-8 q Symphoricarpos albus (Snowberry), 1 Gal. 70 11-12, C410A, South 277th St. Reconstructior Wetland Mitigation improvementa � �S 1,680.00 $ i 75 This change order consiitutes full and complete compensation for alt fabor, equipment, materials, overhead, profit, any and all indir�t costs, and time adjustment to perlorm the abovc describcd changes. A11 other costs are non-compensible. EA 8.96 $ Washington State Sales Tax (9.5%) on applicable tems $ ToTAr. � 840.00 358.40 985.60 1,290.24 627.20 9,009.44 855.9Q Contractor: Inspector: Project Manager: City Eagineer: Approved by: H:IForms1FG025.x1s � CITY OF AUBURN CONTRqCT CRANGE ORDER AGREEMENT NO. 2 Contract No., Project No, and Project �tle: 11-12 C410A South 277th St. Reconstructian Wetland Mitigation Improvements Contractor Name and Address: Nordic Construction '"� 106 SSth Avenue East Tacoma WA 98424 Tf►e Contracto� is hcr�by ��ed to make the changas to tha Contrnct as described herein. T7�is documenc and ai! attachiuents ero a suPpiement to tha contracl All work, materials and meesuraments for the typo of constniction involvCd shall be in accordance with tlie contract doctuvr.ncs of thc abov� named projeci iinless stated othrnvise in this change order. Summary of Propased Changes: 1• The Fmntage Road site received an invasives spray treannent on September 13th, No work affecting the treated vegetation shall occur prior to September 21 st, or until dieback is seen, whichever comes later. An addilio�iat I S working days are added to tl�e Contract to allow for the delay associated with the invasives treatment. 2� Install additional plants at the Frontage Road Site due to removal of severa! trees by Puget Sound Euergy, The Contract time is extended by Item � Sch. � Sec. No. CO 1-6 A CO l -7 A Item Descriphon capitatus (Pacific ninebark), ootka rose), 1 Gal. 1 � days. QuanNty Units Un�t Price Total Price �+� � ($) (+1-) 15 EA 8.96 $ 134.40 IS EA 8.96 g l3a an Washington State Sales Tax (9.5%) on applicable ite� TOTA: Base Amount �st this C/O $ 268.80 ►st Previous GO � 9 �.� Contract Amount � 48,954.35 Conttact Amount � 58_232_59 � $ 294.34 -----� Total—�� S 294.34 $ 9,865.34 $ 53— GUS $ G3,764.68 This change oeder coustitutes fi�ll and crompfete compensation for all labor, equi�menl, matq.iAls, overhead, profit, any aiid all indicect costs, and time Adjustment to perform the above desc�be� ��8� All other costs are non-coinpensible. Contractor: Inspector: Project Manager; City Engineer: Approved by: Mayor, 0 ofAubrrrn H:\PROJlC410A-S277W e#IandMitigationtConstruction DocslChangeOrder\ChangeOrder.xls n�� // CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 3 Contract No., Project No. and Project Title: Contractor Name and Address: 11-12, C410A, South 277th St. Reconstruction Wetland Mitigation Improvements Nordic Conshvction, Inc. 106 SSth Avenue East Tacoma, WA, 98424 The Contractor is hereby directed to make the changes to the Contract as described herein. This document and all attachments aze a supplement to the contract. All work, materials and measurements for the type of constrvction involved shall be in accordance with the contract documents of the above named project unless stated otherwise in this change order. Summary of Proposed Changes: !n the azea east of W est Valley Highway, south of �easley Canyon Road, and north of the driveway entrance to the Mohawk Plastics Wetland Mitigation Site, perform the following work affecting the driveway access for, and the split rail fence surrounding, the City's Mohawk Plastics Wetland Mitigation Site, Project CP0767. Work shall include: 1. Clearing fallen trees and debris from the driveway. 2. Cleazing fallen trees and debris from the existing split rail fence. 3. Repairing the existing split rail fence. The Contract time is extended by 8 days. Item Sch. Sec. No. Item Description Quantity Un�� Unit Price Total Price (+� ) ($) (+/-) torm e ns Remov an ence epair, Mohawk Plastics Wetland Mitigation site CO3.1 A and driveway 1 LS 9,136.38 $ 9,136.38 Subtotal $ 9,136.38 Washington State Sales Tax (9.5%) on applicable items $ 867.96 TOTAL $ 10.004.34 1. Total Cost this C/O Z. Total Cost All Previous C/O 3. Original Contract Amount �. Revised Contract Amount Base Amount Tota: incl. T�: $ 9,13638 $ 10,004.34 $ 9,278.24 $ 10,159.67 $ 48,954.35 $ 53,605.01 $ 67,368.97 $ 73,769.02 This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, profit, any and all indirect costs, and time adjustment to perfortn the above described changes. All other costs are non-compensible. All other terms and conditions of the contract remain unchanged. Contractor: Inspector: Project Manager: City Engineer: Approved by: H:�Forms\ChangeOrder.xls 0 "ojAuburn �— — / � � a Dau � 1 g Z°�� Date � S� t 4 � J CITY OF AUBURN ICE CONTRACT CHANGE ORDER AGREEMENT NO. 4 tip t„r�l Contract No., Project No.and Project Title: I 1-12,C41OA, South 277th St. Reconstruction Wetland Mitigation Improvements Contractor Name and Address: Nordic Construction, Inc. 106 55th Avenue East Tacoma, WA,98424 'rhe Contractor is hereby directed to make the changes to the Contract as described herein. 'Phis document and all attachments are a supplement to the contract. All work,materials and measurements for the type of construction im olved shall be in accordance with the contract documents of above named project unless stated otherwise in this change order. Summary of Proposed Changes: 1 Remove the existing dead plams and install additional plains at the Frontage Road Site per field direction by Engineer. The Contract time is extended by 0 days. Item Sch. Sec.No. Item Description Quantity Units Unit Price Total Price 10 A Alnus rubs(Red alder),2 Gal. 8 EA 12 $ 96.00 Pop. balsaifera L. ssp. trichocarpa(Black C01 4 A Cottonwood), 2 Gal. 5 EA 11.2 $ 56.00 C04 I A Rosa Nutkana(Nootka Rose),2 Gal. 5 EA 18.48 $ 92.40 Physocarp is Capitatus(Pacific Ninebark), C04.2 A 2 Gal 32 EA 17.36 $ 555.52 Symphoricarpos Albus(Snowberry),2 C04.3 A Gal. 8 EA 18.48 $ 147.84 Subtotal $ 94776 Washington State Sales Tax(9.5%)on applicable items $ 90.04 TOTAL $ 1,037.80 Base Amount Total Incl. Tax I. Total:Cosbthis C/Ot $ ”"947 76• $ 1,037.80' 2. Total Cost Previous C/O, $:_ .'. 18:414:62' ,$. - 20,164.01 3:•Ori 'inaGContractAmount 'i'. ,_ $ '=48.954.35. $" 53,605.01, 4'Revised GontiactAmount _,_. ;. .. :V - $'i= 68,316.73: $.t'__--74,806.82 ? This change order constitutes full and complete compensation far all labor.equipment,materials.ocerbead.profit.any and all indirect costs,and time adjustment to perlbrm the above described changes. All other costs arc non-compensible. All other terms and conditions of the contract remain unchanged. A/001C Cow L, tiX Contractor* 2-- Inspector Gz p_o` Project Manager- City Engineer- N T /1 Date Approved by t` Mayor,lCity ofAuhurn � Ww H.\Forms\ChangeOrder As CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 5 Contract No., Project No. and Project Title: 11-12,C4 10A, South 277th St Reconstruction Wetland Mitigation Improvements Contractor Name and Address: Nordic Construction, Inc. 106 55th Avenue East Tacoma, WA, 98424 The Contractor is hereby directed to make the changes to the Contract as described herein. 'I his document and all attachments are a supplement to the contract. NI work,materials and measurements for the type of construction involved shall be in accordance ss'ith the contract documents of the abose mimed project unless stated othensise in this change order. Summary of Proposed Changes: I 'this change order adds the work nem "Second Year Plant Establishment Period Complete",which shall start on May 8,2013 and be complete on May 7,2014 The "Second Year Plant Establishment Period Complete" shall be per Sectton 5-03 3(13), Plant Establishment of Exhibit B- Special General Specifications,and shall include both the South 277th Reconstruction Site accessed from West Valley Highway and the Frontage Road site The Contract time is extended by 0 days. Item Sch. Sec. No. Item Description Quantity Units Unit Price Total Price (+/-) (S) (+/-) 7 A Bark Mulch (provided by Contractor) 50 CY 36 25 $ 1.812.50 Second Year Plant Establishment Period C051 A Complete I LS 5,532.00 $ 5.532.00 Subtotal $ 7,344.50 Washington State Sales Tax(9.5%)on applicable items $ 697 73 TOTAL $ 8,042.23 Base._A__mount;`" ;_Total incl. Tax- I Total Cost thisC/0_'__,-,'f. 'ai+.. _ $ "- ,7,344:50, ,$t ,, 8,042.23' 2. ,Total Cost0r`evious'Ct0't\ .=;t. ,7 _-,; .;-a _$s:� �I'9i362 R s$n• ,;?-x21.,20,1 8;1= 3 Original ContractAiriou' t`_ $__. _ 481954135: $;"y.`_53,605.01 4 Revised Contrac6Amount_ $ -?_ ,,'75,661.23` $t 82c849.09' 6 'Ih is change Order constitutes full and complete compensation for all labor,eq uipnrenL materials,overhead,profit.any and all indirect costs,and time adjustment to perform the abtOc described changes All Other costs are nun-conipcnsible. All other terms and conditions of the contract remain unchanged vo24tC� GOr>sV_ ��, Contractor: Inspector: Project Manager: Cih Dam Engineer: p Approved by: Date ARrpor, clirl, t urn Date 4/16/2013 H.\PROJ\C410A-S277WetlandMitigation\ConstructionDocs\ChangeOrder\ChangeOrder.xls