Loading...
HomeMy WebLinkAboutCP0765 15-02 Paso Robles Tank, Inc CONTRACT Contract No. 15-04 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn, Washington, this X� day of Wkkl 2015, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and Paso Robles Tank, Inc., 825 26 1h Street, Paso Robles, CA 93446, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP0765, Lakeland Hills Reservoir 5 Improvements," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP0765, Lakeland Hills Reservoir 5 Improvements — remove and replace the existing interior and exterior coatings, installation of a mechanical mixing system, seismic upgrades including a concrete ballast, flexible expandable coupler, seismic sensor, and valve actuator, safety and security features including a new inspection and handrail, spiral staircase, security gate, access hatch, and screen vent, and site improvements including landscaping and site security for a unit, or lump sum, bid price of one million two hundred forty-two thousand five hundred eighty dollars ($1,242,580.00) and Washington State Sales ' Tax of one hundred eighteen thousand forty-five dollars and ten cents ($118,045.10) for a total contract value of one million three hundred sixty thousand six hundred twenty-five dollars and ten cents ($1,360,625.10) in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 5 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 130 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. III. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon by part of the CONTRACTOR. IV.It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. CITY OF AUBURN, WASHINGTON By A&M cylackus,Mayor Countersigned: this j�day of Mo , 2015 ATTEST: / Danielle E. Daskam, City Clerk APPR A TO FORM: Darnel B.Heid, o SO ROBLES, INC. By Authorized Official Signature �p►,�I ren ce— G.U)Dnn61e,5 Bt.5. k)f--,4elo?Mes'\-` Ot)"get CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 2 Contract No.,Project No. and Project Title: Contract 15-04, CP0765, Lakeland Hills Reservoir 5 Improvements Contractor Name and Address: Paso Robles Tank 23232 Peralta Drive,#106 Laguna Hills, CA 92653 The Contractor is hereby directed to make the changes to the Contract as described herein. This document and all attachments are a supplement to the contract. All work,materials and measurements for the type of construction 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: The lump sum item"CO2-1,Two-Way Radio Antenna" is added to the Contract and includes full payment for all labor. equipment,and materials to perform the following Work: 1. Revised route for two-way radio antenna grounding cable as directed by the Engineer.This Work includes furnishing and installing additional 1-inch Sch. 80 PVC conduit and a 2/0 grounding conductor. 2. Temporarily relocating the two-way radio antenna power supply to accommodate the tank coating work and remount the existing power meter and telco cable box on the tank once the recoating work is complete.This Work also includes the temporary connection of power from the booster pump station building. 3. Furnishing and installing ajunction box needed to supply power to the City's two-way radio antenna cabinets. 4. Temporarily relocating the two-way radio antenna onto the scaffolding to accommodate the tank coating work and remount the existing antenna on the tank roof once the recoating work is complete. This Work shall be in accordance with Sections 16050, 16060, 16120. 16130,and 16140 of Part 3: CSI Technical Special Provisions of the Contract Provisions. The Contract time is extended by 5 working days. Item Sch. Sec. No. Item Description Quantity Units Unit Price Total Price (+/-) ($) (+/-) CO2-1 A 01200 Two-Way Radio Antenna 1 LS 5,221.01 $ 5,221.01 Subtotal $ 5,221.01 Washington State Sales Tax(9.5%)on applicable items $ 496.00 TOTAL $ 5,717.01 Base Amount Totals incl.Tax 1. Total Cost this C/O $ 5,221.01 $ 5,717.01 2. Total Cost Previous C/O - 3. Original Contract Amount $ 1,242,580.00 $ 1,360,625.10 4. Revised Contract Amount $ 1,247,801.01 $ 1,366,342.11 This change order constitutes full and complete compensation for all labor,equipment,materials,overhead, profit,any and all indirect costs,and time adjustment to perform the above described changes. All other costs are non-compen able. All other terms and conditions of the contract remain unchanged. Contractor: / _ I/—i9- /5 Date Inspector: AM, -L //—.;I —/S. Date Project Manager: '!= _ 11 2W/5— ;,' Date City Engineer: is L IS an ate I Approved by: k •. 1 —e DEC -°1 2015 H.\Forms\FCO25.xls Mayor, Ci 4f uburn D91tl (Revised 05/2012) BID BOND BOND NO. PASRO-416 KNOW ALL MEN BY THESE PRESENTS. That we, Paso Robles Tank. Inc. , as Principal, (hereinafter called the "Principal"), and Fidelitv and Deoosit Companv of Marvland , a corporation duly organized under the laws of the Marvland as Surety, (hereinafter called the 'Surety"), are held and firmly bound unto the CITY OF AUBURN, WasHington, as Obligee, (hereinafter called the 'Obligee"), in the sum of FIVE PERCENT (5%) OF TOTAL AMOUNT BID not to exceed Five Percent of Amount Bid dollazs ($5°h of eid ), for the payment of which sum well and truly to be made, the said Prmcipal-an�the-said-Surety,-bi�d ourselves�ur heirs,—executor�administrators,—successors---" and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for LAKELAND HILLS RESERVOIR 5 IIVIPROVEMENTS, CP0765, 15-04 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accocdance with the tecros of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the proper payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to eutei into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalry hereof between the amount specified in said bid and such lazger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 19th DAY OF March , 2015 Paso Robles Tank, Inc. ame of Contractor � Signed by Principal ��i f e�C� �1�S Fidelity and Deposit Company of Maryland ure Name Signed S ety Arturo Ayala Attomey-in-Fact r BID BOND 130ND NO. wn KNO\V ALL �IEN HY THESE PRF.SENTS. That wc. TBaileY.lnc. , as Principal. (liereinafter called the 'PrinciE�al"), and FidehN and Deoosit Company of Marvland , a mrpomtion duly urnpniZed un�r thc laws oF thc nnarviand cis Surcty, (hcreinaftcr c,dlcd thc SureN'). are hcld and tumly boimd unto thz CITY OF�UBUILY, �V:�shington,as Obli�ce. (haroinaftar ullad the 'Obligea'), in tht sum of FIVE PERCENT (3"a) OF TOTAL A�IOUYT I3lD not [u excccd FivePercentl5%1otTotalBidAmount— doll;vs ($ svo— �, for the payment of which sum well un1 truly to lie mude, the s:tid Principal and [he sai�I Surety, bind ourselves, uur heirs, executors, administrators, successors :�qd asxiens,jointly:md scverally, finnly by Ihese przsen[s. WHEREAS, the Principal haa submitted a bid for LAKELAND HILLS RESERVOIR 5 lB1PROVE�IENTS,CPU765, IS-Od NOW THEREFORE, iF the Obligee shall accept the bid of the Principal und tlic Principal sh:il(cntcr into a cuntract �vith thc Obli�x in accordancc with thc tcrms ot such bid ancl give such bond or bonds as may be specitied in the biddine or contr�ct documents wi[h good and sufficient surety for the faid�Ful performance of such contract and for the proper payment of labur and material in thc prosccution thereof, or in [he evcnt of thc failure of the Principal to enttr inro such contract and give such bond or bonds. if the Principul shall pay ro the Obli�ee the difference nut ro exceed the penalty hereo(be[ween the amuunt xpecitied in said bid and such l:u�ger amount For �vhich the Oblioee m�y in good faith contract with ani�ther party to perform the work cuvered by said hid, then thic ubligation tihall Ix null anct void, atherwi� to remain in full force and effect. S[GNED, SEALED r\ND DATED THIS 2ath DAY OF March , �p �5 , B���FY T Bailey,lnc � � /� ',ix aE Cun[r.�ctor c,pR?0�'9�`' �1 � SEfi� ` e j �''�t1 CCPY'tC6ilSienrdhvPrinap:il ���Y-�=i ty 1991 '%S+ � � FideliN and Deposit Compa�y of Maryland F//IYGT� ��Rrv u.n,� �___.� ay Si;naa br�surctv � ulie M.Glover,Attorney-in-Fact Page13 3d 9ond Prcvitled to Bu�.!de�s cr.chan^ye of YiA In� ror usage Condrcnns Pgreement see w.v,v b�Na com Always Venh�S"cale � ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY . .. ... . . . .. . . . . . FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.That the ZUR[CH AMERICAN INSURANCE COMPANY a corporation of the State of New �� York, the COLOMAL AMERICAN CASUALT'Y AND SiJRETY COMPANY a corporation of the Stare of Maryland,and the FIDELITY �. AND DEPOSIT COMPANY OF MARYLAND a corpdration of the State of Maryland (herein collectively called the 'Companies'), by MICHAEL BOND, Vice President,in pursuance of authoriry granted by Article V Sec[ion 8, of the By-Laws oF said Companies, which are set forth on the reverse side hereof and are hereby certified [o be in full force and efkct on the date hereof, do hereby nomin�te, ! constitute, and appoint Jim W DOYLE, Steven M. WAGNER, Michael A. MURPHY, Andy D. PRILL, Jim S. KUICH, Chad M. EPPLE, Dadene JAKIELSKI, Jdie M. GLOVER and Theresa A. LAMB,all of Bothell, Washingron, EACH its true and lawful agent and Attomey-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the ezewtion of such bonds or uodertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and ampty,to all intents and purposes,as if they had been duly executed and acknowledged by the regulady elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York. [he regularly elected ofticers of the COLOMAL AMERICAN CASUALTY AND SURETY COMPANY at its oftice in Owings Mills, Maryland. and the regularly elected officers of the FIDELIT'Y AND llEPOSIT COMPANY OF MARYLAND at its oftice in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby eertify that the extract set forth on the reverse side hereof is a true copy of Atticle V Section S,of' the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF [he said Vice-Prcsident has hereunto subscribed his/her names and affixed the Corporate�Seals of[he said ZURICH AMERiCAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of AugusL A.D 2014. ATTEST ZURICH AbtERICAN INSORANCE COMPANY COLONIAL AMF.RICAN CASUALTY AND SURE"fY COb[PANY FIDELITY AND DEPOSTT COMPANY OF MABYLAND � w�et�aJ� �p�W+aSy� �" � ,lpp:s -� 3" �6� �6��s 'O�� �"�����$ ~•�..:� � '�' """ ' o V�� �d^�' � — Assi'st¢nt Sea•eltirv Vrre Po�esident Eric U, Barnes Michael Bond State ot Maryland City of Bal[imorc On this 25th day of Augus[,A.D 2014,before Ihe subscriber,a Notary Public of Ihe Sta[e of Maryland.duly commissioned and qualified,MICEIAEL BOND, Vice President, and ERIC D. BARNES, Assislant Secretary, of the Companies, to me personally known ro be the individuals and ofFicers described in nnd wha execuled the preceding mstrument, and acAnowledged Ute execunon of same, and being by me duly swom, depose[h and sai[h, that he/she is[he said officer of Ihe Company aforesaid,and Nm[the seals affixed�o[he preceding mstmment are the Coiporate Seuls of said Companies,and that the said Corpomte Seuls and the s�gna[ure as such officer were duly affixed and subsedbed m the said insnvment 6y the au[hori�y and direc[ion of Ihe smd Cofporations. IN TEST(MONY WHEREOF 1 have hercunto set my hand and affixed my Ofticial Seal the day and yeac first above wnuen �.��t�j�i;��h4�.. `�p`�'licq,ii'•`4'• �p��� �/� �/ \IA�ain^-�v� t tl �r• / ' .....,__' F% -!�q t\ t i� �h114�F•��• t' �%y�(�ifn�i i!'��.0• llllllpl Maria D.Adamski,Notary Public My Commission Expircs luly 8.?015 POA-F 180-2466M � � i BID BOND ; BOND NO. s�d ' KNOW ALL MEN BY THESE PRESENTS: That we, Skaar Construdion, Inc. , as Principal, (hereinafter calied Uie "Principal"), and Fidelity and Deposit Company of Maryland , a rnrporation duly organized under the laws of tl�e Maryiand as Surety, (hereinafter called the "Suret}�'), aze held and firmly bound unto tlie CITY OF AUB[71iN,Waslungton,as Obligee, (hereivafter called the "Obligee'�, in the sum of FIVE PERCENT (5%) OF TOTAL AMOUNT BID noc to CRCCCd _Five Percent(5%1 of Bid Amount dOlJ3tS ($5%of Bid Amount), for the payment of which sum well and tiuly to be made, the said Principal and the said S�ety, bind ouiselves, our Meirs, executors, administrators, successors and assigns,joindy and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for LAKELAND HILIS RESERVOIR 5 IlVIPROVEMENTS,CP0765, 15-04 NOW TI�REFORE, if the Obligee shall accept the bid of tl�e Principai and the Principal shatl enter into a contract with the Obligee ia accordance with the terms of suc6 bid and give such bond or bonds as may be specified in the bidding or contract documents with good and suffici@nt surety for the faithful performance of such coniract and for the proper payment of labor and material in the prosecutian thereof, or in the event of the failure of the Principal to enter into suc6 c.bntract and give such bond or bonds,if the Principal sliall pay to the Obligee the,difference not to exceed the penalty hereof between the amount specified in said bid and such larger aznount for which the Obligee may in good faitl� contract with another party to ; perfonn the work covered by said bid, then tlils obligation shall be null and void, otherwise � ro remain in full force and effect. SIGNED, SEALED AND DATED THIS 24th DAY OF March �Zp 15 Skaar Construction, Inc. Name of Convactor I I �s !7/ � �f�l�"'� i Signed by Pq cipal I Fidelity and Deposit Company of Maryland Surety Name ` 9,A,rti � 0��� � ���a ny s�ry ; Peggy A Firth,Attorney-in-Fact � � i hovided to Builders 6cchange af WA,Inc.Frn usage Conditions AgreemaM see w�rvw.Mcvra.com Always Verify Scale , � ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.That the ZURICH AIv1ERICAN INSURANCE COMPANY,a corporation of th"e State of New York,the COLOMAI.P.MERICAN CASUALTY P.ND SURE'I'Y COMPANY,a corporetion of the State of Maryland,and the FIDELI7'Y AND DEPOSIT COMPANY OF MARYI.AND a cocporation of the State of Marylend (herein collectively cailed the "Companies"), by THOMAS O. MCCLELLAIV, Vice Presideny in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are se[forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, wnstitute, and appoint Eric A. ZIMI�IERMAN, James B. BINDER, Karen SWANSON, Jenni(er SNYDER, Juiie R. TRUITT, Peggy A. FIRTH, Christopher KINYON, Jamie DIEMER, Carley ESPIRITU and Mandy KELTNER, all of Tacoma, Washington, EACH its true and lawCul agent and Attocnry-in-Fact,ro make,exxute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any aod all bonds and undertakfegs,and the execution of such bonds or undertakings in pucsuance of these presrnts, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and aclmowledged by the regulady elected officers of the ZiJRICH AMERICAN INSURANCE COMPANY at its office in Ndw York,New York.,the regularly elected officers of[he COLONIAL AMERICAN CASUAL'CY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regulazly elected office"rs of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland,in their own proper pecsons. The said V ice President does hereby certify that the exvact set forth on the reverse side hereof is a trve copy of Ar[icle V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-Pcesident has hereunto subscribed his/her names and affixed the Cotporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUAL7'] AND SURETY COMPANY, aod FIDELITY MiD DEPOSIT COMPANY OF MARYLAND,this 27th day of May,A.D.2014. ATTEST ZURICH AMERICAN INSURAIVCE COMPANY COLONLII.AMERICAN CASUALTY AND SURETY COMPANY FIDELRY AND DEPOSIT COMPANY OF MARYLAND yylty `a ovot� ',N.+^�"�.ws ... 'b ` �v'A'w g �e`//�'�',w'`-.},eiy� 86AL � � � l s�� . �Q� o � ,,��,� �:� � ,� �. � �� � ��'.��° Assis[ant Secretary Vice Prestdent Eric D.Barnes Thomas O.McC1e[[nrt State of Maryland City of Baltimbre On this 27th day of May,A D 2014,before the subscriber,a Notary Public of Ihe SUte of Maryland,duly commissioncd and quaLfied,THOMAS O. MCCLELLAN,�ce President,and ER[C D.BARNES,Assistant Secrotary,of[he Companies,to me personally known to be ihe individuals and offic�s described in arid who cxxuted the preceding vuwmrnt,and acknowledged the ezecution of same,and being by me duly swom,deposetA avd saith,that hdshe is the said officv of the Company aforesaid,and that the seals afHxed to[he preceding insWment are[he Coryorate Seals of said Companies,and that the said Cotpordte Seals and the signature as such officer wtte duly affized and subscrtbed to[he said insWment by Ihe authority und direc[ion of[he su�d Cocporntions. IN TESTIMONY WFiEREOE 1 have hcreunto set my hand and aftixed my Official Seal the day and year first above written. ,"pii�i�.��'�.. �`���iiu��,�h4: � /� „ < i�. � // :��.. `� 1. 'Ua.,�L� ;t, tq:i a. !p`j '6�'N;���N,:cb`p� Maria D.Adamski,No[ary Publ�c My Commission Expires:July 8,2015 POA-F 180-2849C . BID BOND KNOW ALL MEN BY THESE PRESENTS. That we, Pease & Sons, Inc. , as Principal, (hereniafter called the "Pruicipal"), �id Libertv.Mutuallnsurance.Comoanv , a wiporation duly organized under the laws of the Massachusetts as Surety, (hereinafter called the `Suraty"), are held and fim�ly bound unto the CITY OF AUBURN,Washington, as Obligee, (hereu�after called the "Obligez'), in the sum of FIVE PERCENT (5%) OF TOTAL AMOUNT BID not to exceed Five Percent(5%)of Total Amount of Accompanying.Proposal dollars ($-------------------), for the payment of which sum well and truly ro be made, the said Piincipal and the said Surety, bind ourselves, our heirs, execurors, adminisvarors, successors and assigns,jointly and severally firmly by these presents. WHEREAS, the Principal has submitte8 a bid for LAKELAND HILLS RESERVOIR 5 IMPROVENLENTS, CPQ765, 15-04 NOW THEREFORE, if the Obliaee shall accept the bid of the Principal and the Principal shall enter into a contruct with the Obligee in accordance with the ternis of such bid apd give such bond or bo�ids as may be specitied in the bidding or contract documents with good and sufficient surety for the faithful performance of sucli contract and for the proper payment of labor and mnterial in the prosecution thereof, or in the event of the failure of the Principal ro enter into such contract and give such bond or bonds, if the Principal shall pay to khe Obli�ee the difference not ro exceed the penalty hereof between the amoqnt specified in said bid and sdch larger amount for which the Ob(igee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 24th DAY OF March , 2015 Pease& e s, Inc. N� e of Contr ctor B : igned by Principal r,� C �� O �I�ft, Liberty Mutual Insurance Company Surety Nmne ey � ���—�� Karen�l. mith Si�,med by Sw�cry AtRarney-In-Fact 7HtS PJWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ,� This Pwyer of Aw:,mey Iirtcris the acts of those named herein,antl they have no authodly to bind the Company eacept in the manner and to the ertent herefn eWtatl. ' certifiwte No, ssss�a� American Fire and Casualty Company LibeAy Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire d Casualry Compeny end The Ohio Casuatty Insurance Company are corporations duly oyanized under ihe laws of the State oi New Hampshire,that Li6erty Mutual Insurence Company is a corporatlon duy organized under the Wvrs of fhe State of Massachusens,and WeslAmencan Insurance Company �s a corporaiion duly organized underthe laws of tha State of Indiana(herein collec6vey called the'Companies),pursuant to arM by authority herein sel fiM,does hereby name,donsGWle and appoim, Brad Roberts:Joanne Reinkensmever;Juhe A Creker.Karen Inpram.Karen J.Smith:Thomas P Hentschell all of the aty of racoma ,stffie of wn each individually rf fhere be more than one named,its hue and lawlul attomey-ir�fact to make,ezecule,seal,acknowledge and deliver,kr end on its behaH as surety and as its an and deed,any and all underfakings,bonds,reeogniranees and other surety obligetions,in pursuance of these preseMs end shall be as binding upon the Companies as if Mey have bean duly signed by the president and etlested by ihe secretary of Ihe Companies in Iheir ovm proper persons. IN VJITNESS WHEREOF ihis Power of Atlomey lias been subscribed by an authorized o�cer or official of ihe Companies antl ihe corporste seals of Ihe Companies have been affxed iheretolhis 301h dayof Aoril , 2o7a � - - , . - -.. -- �- American Fire and Casualty Company � ' The Oh�o Casuafty Insurance Company y ' � LibeRy Mutual Insurance Company � West merican Insurance Company vi > > o� a d __�� .__�� _._. ___ sy: ; � STATE OF PENNSYLVAN�A ss David M.Care ,AssisWnt Secratary � ��%� COUNTYOFMONTGOMERY c R d � Onthis 3o�h tlayof Ap�il , zoia , befare me parsonelly appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of Amedcan Fi2 aM �H � ai Casuatty Company,Liberty Mutual Insurance Company,The Ohio Cesuatty Ir�surance Company,and West Amedcan Insurance Company,and that he,as such,bamg aulhonzed so to da, �,�1 `p� execule the fo�egoing mstrumeM for ihe purposes Iherem contained by signing on hehalf of Ihe corporations by himself as a duy aNhorized oficer. C W d � IN WITNESS WHEREOF I have hereunto subscnbed my name anA affixed my notanal seal ffi Plymouth Meeling,Pennsylvania,on the day and year first above writlen. O G �; . .�. � Z'. 9 B .l��TM' �� OM v pc� �. � y: `.o � - �- � Terasa Pastella Notary Public C � ` - � � y O �s _ ._ i o:? ., - a° R e A This Power of Attomey is made and ezecuted puisuent to arid by sutlwrity of the folbvnng By-lews and ANhorizetions ofAmencan Fire end Casualry Company,The Ohio Casuatty Insurance �n p y'; Company,Liberty MuWal Insurance Company,and,West Americen Insurance Company which resolutions are now in lull force and eHect reading es folbws: t o �w _....." ..� m ` AF2TICLEIV-OFFICERS-Sec�ionl2.PowerofAttomey.AnyofFcerwotheroffiaaloRheCorporatwnauthorizedfor�hatpurposeinmilingbytheChairmanorihePresideM,andwbjed O e �, ti�; m such hmAation es the Cha�rman or ihe PresideM may presaibe,shall appoim such attomeys-in-fact,as may be necessary to act in hehaH of Me Corporation to make,ezecute,seal, �,+m O�� ecknowledge and deliver as wrery eny and all undenakings,6onds,recogni:ances and other surety obligations. Such enomeys-ir�fact,subjed ro the Iimilalions set foRh In Meir respecNve �p E aj powers'of atlomey,shall have full power to bind the Coryoration by their signature and execudon of any such insW maMs and to atlach thereto the seal of the Coryorelion. When sa � d � � � executed,such insWmerus shall be as bmdmg as it signed by the President and atlested lo by the Secretary.Any power or authonty granted to any represemative or etlomey-io-fact undar >� I DT Me provisions of this article may 6e revoked at any time 6y Ihe Board,Ne Chairmaq Ihe Presidenl or tiy the oBzer or oRcers granting such pbwer or authonty. L a ' N �p�C ARTICLE X01-Execufion of Cantraqs-SECTION 5 Su2ly Bonds arM UndeAakings.Any o�cer of the Company aNhorized k�r Na�puryose in writing by the chairmen or Me president, �� � � mM subject to such hmita6ons as ihe eheirmen or the president may prescribe,shall appomt such attomeys-m-fect,as may be necessary ta act in behaRof�he Company lo meke,execute, �M O � seal,acknowledge arM de4ver as surety any and all undeRakings,bontls,recognirances and other surety obligations. Such attomeys-imfact subJect to the limrtatlons set krih in iheir C� Z v respecbve powers of atlomey,shall have full power to bind the Company by their signature and ezecution of any such insW menis and to altach thereto Ihe seal of tlie Compiny When sa �� ezecuted such instruments shall be as bintli�as if signed by the president and ffitested by the sec2fary. �e4 Certlficate of Deaignation-The P2sident of Ihe Company,actlng pursuant lo the Bylaws of the Company,aulhonzes Daaid M.Ca2y,Assstam Secretary to�poiN such attomeysin- ~`� fact as may be necessary to act on behalF of the Company to make,ezeate,seal,xknowledge and delrver es surety any aM ell undertakmgs,bonds,recogmzences and other Surety o6ligahons Authorization-By unanimous consent of the Companys BoaM of Directors,the Company consents that facsimile or mechanically reproduced signature of any assisiant secretary af the Company,wherever appearing upOn a cedifed copy of any power o�atlomey issued by ihe Company in connection with surety honds,shall be valid and binAing updn ihe Company with the same force and efled as though manually affixed. I.Gregory W Davenpotl,Ihe undersigned,Assistant Secretary,of American fire and Casualty Company,The Ohia Casualry Insurance Company.Liberty Mutual Insurenca Company,and West American Insurance Company do hereby ceAiry�that the original power of attomey of which the foregoing is a full,true antl cortect copy of the Power of Atlomey ezecuted by said Compames,is in full force and effad end has rrot been revnked. ql� / IN TESTIMONY WHEREOF I have he2unro set my hand and affized the seals of said Companies this�l"7`�day of �rJ��G�, 20�� BY Gragory W.Davenport,Ass�starn Secietary _.. _. ___ ._r LMS_128]3 122013 �g p�pr�p i � BID BOND BOND NO. Bid KNOW ALL MEN BY THESE PRESENTS. That we, N.ordic Conscruccion,Inc. , as Principal, (hereinafter called the "Principal"), and Berkley Insurance Company , a corporation duly organized under the laws of the State of Delaware as Surety, (hereinafter called the "Surery"), are held and firmly bound unto the CITY OF AUBURN, Washington, as Obligee, (hereinafter called the "Obligee"), in the sum of FTVE PERCENT (5%) OF T01'AL AMOUNT BID not to exceed Five Percent(5%1 of Bid Amount dollars ($5^/0 of Bid nmounc), for the payrrient of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heus, executors, administratois, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for LAKELAND HILLS RESERVOIR 5 IMPROVEMENTS,CP0765, 15-04 NOW TI�REFORE, if the Obligee shalt accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the ternis of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surery for the faithful performance of such contract and for the proper payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into.such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and sach larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation sliall be null and void, otherwise to remain in full force and effect. SIGNED,SEALED AND DATED THIS 24th DAY OF Mazch 2015 Nordic Construction,Inc. Name of Contractor ��_ SignedbyPrincipalMartin J. Ericicsen President Berkley Insurance Company Su ety Name G� Signe by Su Jennifei L. Snyder Attomey-in-Fact , No. BI-1220a - ' POWER OF ATTORNEY •� BERKLEY INSURANCE COMPANY ' WILMINGTON, DELAWARE NOTICE. The waming found elsewhere in this Power of Attomey afFects the validity thereof. Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duty — organized and exis[ing under[he laws of Ihe State of Delaware,having i[s principal office in Greenwich, CT, has made, constiNted = and appoin[ed, and does by these presents make, constitu[e and appoint: Karen Swanson, Julie R. Truin, Peggy A. Firth, Eric �= Zimmerman, Brent E. Heilesen, Jeitnifer L. SnyJer, G�ristopher Kinyon, Jamie Diemer, Sandra Kulserh, Ke!!ie Hogan or Carley Espirikr oj P�ope!Insurance oj Tacoma, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as v delineated below and to execute, seal, acknowled�e and deliver any and all bonds and undertakings, with the exception of _ Financial Guaranry Insurance, providing [hat no single obligation shall exceed FiRy Million and 00/]00 U.S. Dollars � � (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regufarly elected � 5 .officers of the Company at its principal o�ce in their own proper persons. � � ` = This Power of Attorney shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware, z v without giving effect to the principles of conflicts of laws thereo£ This Power of Attomey is granted pursuant to the following I � '_` resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: ;, = RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief - ^ Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant � v _ - Secretary are hereby au[horized to execute powers of attorney authorizing and qualifying the attomey-in-fact named Iherein . — ` to execute bonds, undertakings, recognizances, or other sureryship obligations on behalf of the Company and to affix the ;, ° corporate seal of the Company ro powers of attomey executed pursuant here[o; and said officers may remove any such - - attomey-in-fact and revoke any power of attorney previously granted; and further - - RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, _ = or other suretyship obligations specifically named therein, and they have no authoriry to bind the Company except in the = manner and to the extent therein stated; and further � � RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-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 attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizaqce, or other sureryship obligation of the Company; and such signature and seal when so used shall have the same force and effect as �' �� though manually affixed. The Company 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 instruments shall be issued. , L _ = IN WITNESS WHEREOF, the Company has ca d thes presents to be signed and attested by iu appropriate officers and its ^ ';,,corporate seal hereunto a�xed thisLO day of� �° ,2014 c :; '= L Attes'r. „( / Berkley Insurance Company � =lSeal) By /v By cv [ra S. Lederman Je P Hafter _ � Senior Vice President&Secretary ior e President _� - �WARIVING. 7'HIS POWER INVALID IF i�'OT.PRiNTED ON BLUE"QERKLEY^SECURITY PAPER. v'� STATE OF CONNECTICUT) — _ ) ss: � COUIVTY OF FAIRFIELD ) - �Sworn to before me, a Notarv Public in the Sta[e of Connecticu[, [his� day of' � - ' , 2014, by Ira S. Lederman and -_' _Jeffrey M. Hafrer who are swom to me to be the Senior Vice Presiden[and Secreta � and the Ser�ior ViEe President,respectively, of > 'Berkley Insurance Company > �/ KA EN W -r c i6TAW/�Pt18L10 � otary Public, State o onnectiwt CpNNEC�ICIR V �y_ MYCOMA7�5910NF%PIN640LTOBBt91�ZM7 Z �- CERTIFICATE N u I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foreaoing is a ? �true, correct and complete copy of the original Power of Attomey; that said Power of Attorney has not been revoked or rescinded � 'and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attcrney;s attachad, is in full force and effect as of this date. "� �� da of JV �(,1{� � �'� � Given under my hand and seal of the Company,this d y (Seal) An M.Tum � , BID BOND BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS. That we, Garv Haroer Construction Inc. , as Principal, (hereinafter callei! the "Principal"), and Developers Suretv-and Indemnitv Company , a rnrpora�ion duiy organized under the laws of the Inwa as Surety. (heninafter called the "Surety"), are hald and fixmly bound unto ri�e CITY OF AUBURN.Washington. as Obligee, (hereinafter called the "Obligbe'�, in the sum of FIVE PERCENT (5°�c) OF TOTAL AMatINT BID not m excecd five oercent(5°k) of tfie total bid amount-------------- dollars($ 5%------------ ), for the payment of which sum well and nvly to be made. the said Principal and the said Surety, bind oorselves, onr heirs, execurors, administrators. successors and assigns,jointly and severally .firmly by these presents. WHEREAS, the Principal hac submitted a bid for LAKELAND HII,LS RESERVOIR 5 IMPROVEMEIV'1'S.CP0765, 15-04 fYOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a ccmtract with the Ob6gee in accordance ivith the tertns of such bid and give such hond or bonds as may be specified in khe bidding or contract documents with good and su�dent sure[y ftn the faithPul performunce of such conMact and for Me proper payment of labor and materia] in the prosecution thereof, or in the event of the failure of the Principal to enter imo snch contract and give such bond or bonds.if the Principal shal] pay ro the Obligee the difference not to exceed the penalty hereof between the amoant specified in said bid and such larger amount for which the Obligee m�y in good faith contract ivith another party to perform the work covered by said bid then this obligation shall be null nnd void, otherwice to remain in full force and effect. SIGNED.SEALED AND DATfiD THIS 18th DAY OF March , Zp 15 Gary Harper Construction, Inc. �rncto / Ga Ha_rper Signed by Pnnci presiden Developers SureN and Indemnity Comoanv ___ Suret Name ' B ' �lAJ1l�� L1.5�'V�r Roxana Palacios s;�+�a br S��e�vAttomey-in-Fact �age 13 Bid 8ond J.w,�wMb.o.:Iw...� C....w..........s�ein b... Cn. �.ane/`nnnli�inneGnrosmunlamuw.w..Mn.ronnm Ahue�<VnriF.Gale : POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY IN�EMNITY COMPANV OF�CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)26&3300 HNOW ALL BYTHESE PRESENTS that ezcept as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,cans�tute and appdnl: "'Steven W Palmer Katie Snider Holly E. Ulfers, Heather Allen,Angela D.Tonnon, Roxana Palacios, Nancy N. Hill,jointly or severally"' as Meir true and lawful Attaney(s)-in-Fact,to make,execute,deliver and achnowledge,for and on behaHof said caporalions,as surefies,bands,undertaki�s and cmVacLs of suretyship giving and grantlng unlo saidAtlorney(s)�in-Fact full power and auMorityto do and to peAortn every acl.naceuary,requisite or proper to be done in connection therex�lh as eech of said caporffiions could do,but reserving to each of seid coryoretlons full power of su6stiluhon and revocalion,and all of the acls of said Attorney(s)-in-Fecl,pursuant to these presents,are hereby ra�ifed and confirmed This Power M Atlomay is granted and is siqned by facsimile under and 6y authmty of Me following resdufions adopted by Me respechve Buards N Directas of DEVELOPERS SUREh' AND IN�EMNITY COMPANV and INDEMNITY COMPANY OF CALIFORNIA,eBectrve as af January ist,2008. RESOLVED,Uat a combhahon ot any lwo M the Chanman of Me Board,the President,Ezecutrve UicaPrasident,Senia�caWesident a eny Vice President M Me carporatlons be,an'd tl�at eech of them hereby is,�wMonzed to exeate ihis Power of Attorney,qualilying Me attorney(s)named in Me Power NAttaney lo exeate,an behalf of the corporaUons,bonds,undertakings and contracts ot surelysAip,and Mat Me Secretary or any Assistant Seaetary of eiUer of the corpwahons be,and each of them hereby is,aulhaized lo ettest the eKecudon of eny such Power of Attomey, RESOLVED,FURTHER,that the signatures of such of(icers may be�xed to any such Power ofAttomey or to any cetl�cate relatmg Ihereto by facsimik,and any such Power of Anomey w cetlRwale beannq such facsimile signaWres shall be vaiid and binding upon the wrporalioris when so affxed and in ihe fulure vnth respect�o any bond,undetlaking or cantracl of suretyship to which it is attached. IN WITNESS WHEREOP�DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA have severally caused th�e preswLs to 6e sgned by Ihert respechve officers and al�es�ed by ttieir respeqrve Secretary wAssistanl Seaelary this January 29,2015 By: ��GU7u�^ `/OZa.� „�E1V'AND�%y'pF, GO�t,PANVp,c DenielVoung,SeniarVice-President • yJ �o0.P�R4r�, �y=. hi VOPP�A�9p 9 O i w: O'C�T. < Z ? OCT 5 ��' �� � '0 1936 'o? w 1967 y By� MarkLansdan.YcaPresidenl Sf"��,�p �oWP *a.pD' OZ �qC/FOP�a�P.L= , *„ * A notary public or other offlcer complefing this certifcate verifes only the Identily of the individual who sipned the document to which this cedificate is attached,and not the truthtulness,accurecy,or validity of that document. Stata d Califania County at Orarge On Januarv 29.2015 tiefore me, Luplle Ravmond.Notarv Public - - Dele Hrel�ellhmevdTtllvMlheOSwm personally appeared Deniel Younp and Mark Lansdon Name�c)ol5igmr�s� who proved to me on Ihe basis of sa6sfactory eNdence lo be the persan(s)whose neme�s)islare subscribetl to fhe within insWment and acknowledged lo me Mat hdshalthey executed the same in hismedlheir authonied capaurypes),and that by hismedlheir signaWre(s)on Me inslmment Ne person(s),or Me enfiry upon behalf ot LUCIUE MYMONO which Ihe person(s)acled,exawled the insVumant. Cammiefion E 2081915 � -o NOt7ry PIIb11C•CUROfIII� I ceNfy under PENALTY OF PERIURY under the laws dMe Stale af California p�at Ihe foregoing paragraph is Onripe Caimy true ana correa. M Comm.E ires Oet iJ,2018+ � . WITNESS my hand and oK�al seal Place Nofary Seal Ahove 9gnaWre � Lucill y ond,NoWry Public CERTIFICATE The undersigned,as Secretary orAssstanl Secrelary of DEVELOPERS SURETY AND IND'eMNI[Y CCMPrNY or INDEMNITY COMPANY OF CALIFORNIA,does hereby ceNfy that tl�e fwegaing Power of Adomey remains in full force and has notheen reyoked and,fuMermorz ;hat tl�e provir,uns o!Me resolulions of ihe respec6ve Boards of Directors of said corporalions set fotlh in�he Pvxer of Attomey are m force as of(he dale M ihis Cerlificale This CetlAicate is execu�ed in�he C�y of Irvine,Califomia,Ihis 1Bth day ot March 2015 By: ��"ititi Casie J. msford,Assistant Se tary 10.1380(Rev.01115) �. u. i � .i CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 1 Contract No.,Project No.and Project Title: Contract 15-04, ,CP0765,_Lakeland Hills Reservoir 5 Imp�ovements Contractor Name and Address: Paso Robles Tank 23232 Pe�alta Drive, #t06 Laguna Hills, CA 92653 The Contractor ishereby directed to make the changes to the Contract as described herein. This document and all attachinents are a supplemertt to the contract. All work,materials,measur8meuts and unit bid prices for the rype of construcrion involved shall be in accordance with the contract documenu of the above named project unless stated otherwise in tliis change order. Summary of Proposed Changes: 1. For the purpose of setUement of a dispute, parties agree to extend ConVact time by 17 non-compensable working days as a result of the delays caused by the Washington State Department of Labor and Industries in providing an empioyment security identifcation number to RSH Construction, Ina (dba Canyon Springs Enterp�ises, Inc.). Th_e Contractor, Paso Robles Tank, by signing this change order agrees and certifies that any and all claims or protests set forth in the letters to the City, dated 8/20/2015, 9/4/2015, and 10/7/2015 signed by Bryan Wombles of Paso Robles Tank, Inc., are satisfied. The Conqact time is extended by 17 working days. Item Sch. Sec.No: Item Description Quantity Units Unit Priee Total Price (+/-) (S) (+/-) n/a - Snbtotal $ - Washington State Sales Tax(9.5%)on applicable items $ . - TOTAL $ - Base Amount Total incL Ta�c 1. Total Cost this C/O $ - $ - 2. Total Cost Previous C/O $ - $ - 3. Ori ' al Contract Amount $ 1,242,580.00 $ 1,360,625.10 4. Re4isedContractAmount $ 1,242,580�00 $ 1,360;625.10 Ihis change oider constitutes full and completa compensation for all labor,equipment,materials,overhead,profit,any and all indirect cos[s,and time adjustment to pedoren the abo4e described changes. All other costs are non-compensable. All o[her terms and.conditions of the contract remain unchanged. Contractor: �1���"'�-- �� -�� -1.J �"����] Date Inspector: �! /�t:`1 �. � I l-.�-, 1 Date ProjectManager: 11 �� ��� �are City Engineer: Dale Approved by: H:\Forms\FCO25:x15 Mayor,� Auburn �� (Redised 0.5/2012)