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HomeMy WebLinkAboutCP1802 #19-01 Green River Pump StationCITY OF AUBURN PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 DATE: March 26, 2019 Project Number CP1802, Contract No. 19-01 GREEN RIVER PUMP STATION EMERGENCY POWER Bid Opening Date: March 28, 2019 11:00 AM PT The following revisions, additions, and/or deletions are hereby made a part of the specifications and plans of the above-named contract and shall be taken into consideration by the bidder In submitting their bid: PART 3: TECHNICAL SPECIAL PROVISIONS: REVISE Specification 23 11 00, "Facility Fuel Piping", as follows: a. Specification 23 11 00 Section 2.03 (Fuel Oil Piping (DS and DR), Below Grade) part A to Include "OPW Flexible Piping Systems" for Fuel Oil and Generator Applications as an acceptable manufacturer. b. Specification 23 11 00 Section 3.02 (Installation) add #14 to part C to read: "Secondary containment pipe shall be 4" diameter minimum. It's acceptable to group primary pipes in a common secondary containment pipe per the pipe manufacturer's recommendations." REVISE Specification 23 13 00, "Facility Fuel Piping", as follows: a. Specification 23 13 00 Section 2.02 (Aboveground Fuel Storage Tanks) Part B #3 to omit all the listed fuels except the following: Gasoline, diesel motor fuel at ambient temperatures. APPENDIX: REPLACE the entire Appendix B with the attached Revised Appendix B. The following Is a summary of changes: a. Updated wage rates were published February 1, 2019 and became effective March 3, 2019. The original wage rates submitted were outdated, therefore replaced with updated prevailing wage rates. b. Supplemental and Benefit Code Key had not been included in original submittal. Revised Appendix B includes Supplemental and Benefit Code Key. CONTRACT PLANS: REPLACE Plan Sheet No. 10 and Plan Sheet No. 29 with the attached Plan Sheets. The following is a summary of changes to the original Plan Sheets: Sheet number 10 (Drawing No. AF100 -Generator Building Floor and Roof Plans): a. Reference the 'Roof Plan," revise the callout to read, "22 GAUGE PREFROMED STANDING SEAM METAL ROOF". 2. Sheet number 29 (Drawing No. UE202-Pump Building Proposed Equipment Plan): a. Reference the "PROPOSED EQUIPMENT PLAN", add circuit callout to circuit between Automatic Transfer Switch "ATS" and EX Control Pane[ "SCADA RTU" to read, "3/4"C, 8#14". By signing the space provided in the 'Receipt of Addenda" section of the 'Bid Proposal', bidders certify and acknowledge receipt of Addendum No, 1 and to due consideration thereof in preparing and submitting the 'Bid Proposal". Failure to acknowledge receipt of this Addendum on the "Bid Proposal' may be considered an irregularity in the "Bid Proposal". Prepared By: R vi we �w3126%"t 03�zG�r9 roject Manager Date ngineer o ecord Date Approved B "', "/ 4c/ 3 Zf%°l Jacob Sw76ting,dV.E. City Engineer/Asst. Director of Engineering Services CITY Of ADBURN Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 4998 + www.auburnwa.gov * 253-931-3000 April 16, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jon Varriano McClure and Sons, Inc. 15714 Country Club Drive Mill Creek, WA 98012 RE: Award of Contract No. 19-01 Project No. CP1802, Green River Pump Station Emergency Power Letter of Award Dear Mr. Varriano: Bids for construction of the above -referenced project were opened by the City Clerk at Auburn City Hall on March 28, 2019, at 11:00 am. Four (4) responsive bids were received and have been tabulated. Your firm submitted the lowest responsible bid. The total award amount including Washington State sales tax is $915,374.90. The _City Council, at .their meeting on April 15, 2019, approved award of the contract to your firm. This letter serves as your notification of award for the subject project and is a contract specification. Please execute and return the following contract documents and other required information to the attention of Cindy West, Contract Administration Specialist, within seven (7) calendar days after receiving this letter of award: a) Contract, in duplicate. b) Contract Bond, in duplicate. c) Power of Attorney for your bonding company, in duplicate. d) Certificate(s) of insurance naming the City of Auburn as additional insured, in duplicate, for all required insurance coverages. Please include the Contract Number, Project Number and Project Name on the certificate(s). e) Bond In Lieu of Retainage, in duplicate. A pre -construction meeting has been scheduled for 11:00 am on Tuesday, April 30, 2019, in Conference Room #1, located on the second floor of One East Main Street, Auburn. The City requires that the Contractor have the appropriate personnel at the pre -construction meeting. This would include, at a minimum, the project manager and the on-site superintendent. The Contractor is encouraged to include any of their staff or sub -contractor staff they feel are critical to the project. ENG -006, Revised 02/19 /� pURN yT AUB* MORE THAN YOU IMAGINED McClure and Sons, Inc. April 16, 2019 Page 2 of 2 The Contractor shall submit electronically one (1) day prior to the pre -construction meeting: a) Preliminary Progress Schedule. b) Breakdown of lump sum items except for Mobilization and Record Drawings. c) SPCC Plan per Section 1-07.15(1) of the Contract Documents. Please bring the following items to the pre -construction meeting: a) Requests to sublet work for all subcontractors and lower tier subcontractors. b) Emergency call list. c) A schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force Account) to be utilized in the event of any Force Account activities. As noted in the contract documents, a Notice to Proceed will be Issued within five (5) working days of the contract execution date, which is the date the contract has been fully executed by the City. If you do not have a current Business License to work in the City of Aubum, an application has been included and should be returned to the Customer Service Center, One East Main Street, Auburn, as soon as possible. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn Business License. Please contact me at 253-931-4013, or the Contracts Administration Specialist, Cindy West at 253-931-3002 with any contract administration related questions. Sincerely, Luis Be P.E. Project Engineer Public Works Department LB/cw/as Enclosures cc: Shawn Campbell, City Clerk Seth Loop, Project Inspector File 13.11 CP1802 ENG -006, Revised 02/19 ITY OF # URTTRT Nancy Backus, Mayor 1JWAASSHINGTTONI 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 May 9, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jon Varriano McClure and Sons, Inc. 15714 Country Club Drive Mill Creek, WA 98012 NOTICE TO PROCEED RE: CP1802, Green River Pump Station Emergency Power, Contract #19-01 You are hereby notified to proceed as of May 17, 2019 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 120 working days for completion. If you have any questions, please contact the inspector for the project, Seth Loop at 253-804-5082 or the Contract Administration Specialist, Cindy West at 253-931-3002. Sincerely, Luis Barba, P.E. Project Engineer Public Works Department LB/cw/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting, P.E., Assistant Director of Engineering/City Engineer Seth Loop, Senior Construction Coordinator File 13.11 CP1802 ENG -017, Revised 12/18 Al TRI TR N *MOPE THAN YOU IMAGINED CONTRACT Contract No. 19-01 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn, Washington, this 10�"' day of , 20 V_,(, by and between the CITY OF AUBURN, WASHINGTON, a municipal( corporation, and McClure and Sons, Inc., 15714 Country Club Drive, Mill Creek, WA 98012, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP1802, GREEN RIVER PUMP STATION EMERGENCY POWER," 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 CP1802, GREEN RIVER PUMP STATION EMERGENCY POWER — providing backup power using the engine generator at Well #5B, constructing a generator building, installing a fuel tank to supply fuel to the engine generator, constructing a fuel tank structure and concrete pad for the fuel tank, installing fuel piping from the fuel tank to the engine generator, installing a fuel leak monitoring system, modifying the existing electrical system and installing new variable frequency drives for two of the four pumps at the pump station and integrating of the variable frequency drives into the existing controls, and installing stormwater management facilities to manage generator and fuel tank building roof water and to manage pavement runoff for a unit bid price of eight hundred thirty-two thousand one hundred fifty-nine dollars ($832,159.00) and Washington State Sales Tax of eighty- three thousand two hundred fifteen dollars and ninety cents ($83,215.90) for a total contract value of nine hundred fifteen thousand three hundred seventy-four dollars and ninety cents ($915,374.90) 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 120 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. Countersigned: this JQ!�day of I "�G� , 20 M APPROVIEP AS TO FORM: Steve Gross, City Attorney CITY OF AUBURN, WASHINGTON ► kip. -Iml us, Mayor 01 LURE AND SONS, INC. By ✓c uthori ed icial Signature 'r CONTRACTBOND CONTRACT NO. 19-01 BOND NO. 107074073 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, McClure and Sons, Inc., 15714 Country Club Drive, Mill Creek, WA 98012, as principal, and Travelers Casualty and Surety Company of America , a corporation, organized and existing under the laws of the State of Connecticut 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 bound to the City of Auburn, Washington, in the penal sum of nine hundred fifteen thousand three hundred seventy-four dollars and ninety cents ($915,374.90), 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 I C+ti day of 20A. Nevertheless, the conditions of the above obligation are such th t: WHEREAS, the City of Auburn on the 15th day of April, 2019, let to the above bounden principal a certain Contract. The said Contract being numbered 19-01, and providing for the construction of Project CP1802, GREEN RIVER PUMP STATION EMERGENCY POWER - providing backup power using the engine generator at Well #513, constructing a generator building, installing a fuel tank to supply fuel to the engine generator, constructing a fuel tank structure and concrete pad for the fuel tank, installing fuel piping from the fuel tank to the engine generator, installing a fuel leak monitoring system, modifying the existing electrical system and installing new variable frequency drives for two of the four pumps at the pump station and integrating of the variable frequency drives into the existing controls, and installing stormwater management facilities to manage generator and fuel tank building roof water and to manage pavement runoff (which Contract is referred to herein and is made 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 shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, 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 of said work, and shall in all respects faithfully perform said Contract according to law, and shall indemnify and 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 this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. 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 undersigned 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 amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25%) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that after the completion 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 improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after Contract Completion. Notwithstanding the reduction of this bond, the principal and surety shall hold the City of Auburn 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 Contract Completion, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal 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 pa . s have executed this instrument this 22nd day of Aril 20 19 re and Sons, Inc. Les McClure, President Travelers Casualtv and Suretv ComDanv of America et By-& Attorney in Fact, Diana R. Williams HUB International Northwest LLC 999 W. Riverside Ave., Suite 510, Spokane, WA 99201 509-319-2901 Resident Agent's Address & Phone Number 'r Travelers Casualty and Surety Company of America .iA► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Diana R. Williams, of Spokane, Washington, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut ; By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 0* *p t Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 22nd day of April , 2019 COWL .'` } Kit ,F r� r � r (p ,A� Kevin E. Hughes, Assl tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. Page 1 of 2 Consumer tools Agent and Company Lookup Orders Independent Review Decisions TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Change History I Licensing I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Name: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP O Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 10 NAIC: 31194 status: ACTIVE Admitted date: 04/01/1977 Ownership type: STOCK back to top ................. Company change history o View changes back to. [op Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back [o [op Contact information Registered Mailing address address ONE TOWER SQUARE ONE TOWER SQUARE HARTFORD, CT 06183 HARTFORD, CT 06183 Telephone Telephone 860-277-0111 860-277-0111 Agents and agencies that represent this company (Appointments) P. View agents View agencies back [o top ................. Company complaint history o View complaints Page 2 of 2 Orders issued since 2010 0. No orders are found b.ack....to ..t ...........op Premium tax filings by tax year o 2018 2017 2016 2015 2014 .............. .............. .............. ^ back. toAgp. National information on insurance companies Want more information about this company? The NAIC'sConsumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. ^ back_[o, top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best Weiss Grou Ratings Standard _and.Poor's.Corp ........................ Moody's, Investors. Service Fitch IBCA Duff and Phelps Ratings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your awn risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. ^ 6ack to top https:Hfortress.wa.gov/oic/eonsumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 4/26/2019 Page 1 of 7 90 Shares Travelers Casualty and Surety Co America (a member of Travelers Group) AM Best #: 003609 NAIC #: 31194 FEIN #: 06-0907370 Address: One Tower Square Hartford, CT 06183 UNITED STATES Phone: 860-277-0111 Fax: 844-816-9447 Web: www.travelers.com Follow rN Print this page Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: June 30, 1975 Long -Term Issuer Credit Rating View Definition Long -Term: aa+ Outlook: Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: April 18, 2005 u Denotes Under Review Best's Rating Page 2 of 7 Licensing: Licensed Territory: (Current since 03/27/2012).The company is licensed in the District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands and all states. http://consumers.ambest.com/CompanyProfile.aspx?BL=36&ambnum=003609&PPP= 4/26/2019 BOND IN LIEU OF RETAINAGE (Retainage Bond -RCW 60.28) Bond No. 107074074 KNOW ALL PERSONS BY THESE PRESENTS, THAT McClure and Sons, Inc., 15714 Country Club Drive, Mill Creek, WA 98012 a corporation organized under the laws of the State of Washington and registered to do business in the State of Washington as a contractor, as Principal, and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut and registered to transact business in the State of Washington as surety, as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Auburn, Washington, hereinafter called CITY, and are similarly held and bound unto the beneficiaries of the trust fund created by RCW 60.28, in the sum of five percent (5%) of all amounts earned by the Principal on the contract described below. THE CONDITIONS OF THIS BOND OBLIGATION ARE THAT: WHEREAS, on the JrJLJ'\day of M , 2019, the Principal executed Contract No. 19-01 with the CITY for Project Number CP1802, Green River Pump Station Emergency Power; and WHEREAS, said contract and RCW 60.28 require the CITY to withhold from the Principal the sum of five percent (5%) from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds; and WHEREAS, the Principal has requested that the CITY not retain any earned retained funds as allowed under RCW 60.28; NOW, THEREFORE, the condition of this obligation is such that the surety is held and bound to the CITY and to the beneficiaries of the trust fund created by RCW 60.28 in the sum of five percent (5%) of the final contract cost which shall include any increases due to change orders, increases in quantities of work, addition of new items of work, or otherwise, hereafter referred to as the final contract cost. If all purposes of RCW 60.28 and all contract obligations are fulfilled, then this obligation shall be null and void; otherwise, it shall remain in full force and effect until release is authorized in writing by the CITY. IT IS FURTHER EXPRESSLY AGREED THAT: 1. The liability of the Surety under this bond shall not exceed five percent (5%) of the final contract cost, if no monies are retained by the CITY pursuant to RCW 60.28 on estimates during the progress of construction. Retainage Bond Page 1 of 3 ENG -050, Revised 9/18 2. In the event this bond ceases to comply with CITY standards, the CITY reserves the right to resume the actual withholding of earned retained funds according to the contractor's designated option for management of retainage under RCW 60.28.011(4). In the event the CITY resumes withholding of earned retained funds, the liability of the Surety under this bond shall not exceed the actual amount of the earned retained funds which were covered by this bond and released by the CITY prior to resumption of actual withholding. 3. The Surety hereby consents to and waives notice of any extension in the time for performance of the contract, assignment of obligations under the contract, or contract alteration, amendment, or change order. 4. Any suit under this bond must be instituted within the time period provided by applicable law with venue in King County, Washington. This bond and any proceeds therefrom shall be subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. 5. Until written release of this obligation by the CITY, this bond may not be terminated or canceled by the Principal or the Surety for any reason. Any extension of time for the Principal's performance on the contract, assignments of obligations under the contract, or any amendment to the contract or change orders of any kind shall not release the Surety from its obligation under this bond. 6. The contractor shall comply with all applicable requirements of RCW 60.28. 7. RCW 60.28 requires the CITY to accept a retainage bond in lieu of withholding earned retained funds and the Surety hereby waives any defense that this bond or bond form is void or otherwise not authorized by law. 8. Any claim or suit against the CITY to foreclose the liens provided for by RCW 60.28 shall be effective against the Principal and Surety and any judgment under 60.28 against the CITY shall be conclusive against the Principal and Surety. WITNESS our hands this 22nd day of April , 2019 PRINCIPAL: McClure d Sons, Inc. 15714 oun Club Drive Mill J.W,98 012 By: ign toe of Mth&6ed Representative) Les McClure, President Print/Type Name Retainage Bond Page 2of3 ENG -050, Revised 9/18 SURETY: Travelers Casualty and Surety Company o me 'ca By' (Signature of Attorney in -Fact for Surety*) Diana R. Williams, Attorney -in -Fact (Typed Name of Attorney -in -Fact) Dated April 22, 2019 Local Agent Name, Phone, & Address HUB International Northwest LLC 999 W. Riverside Ave., Suite 510 Spokane, WA 99201 509-319-2901 CITY OF AUBURN: Accepted By: — << , s Jacob Swe ting, Adsistant Dir ctor of Engineering/City Engineer Dated: Approved as to form: Steve Gross, City Attorney *This bond must be accompanied by a fully executed Power of Attorney appointing the Attorney -in -Fact before it becomes effective. Retainage Bond Page 3 of 3 ENG -050, Revised 9/18 Travelers Casualty and Surety Company of America AWA► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Diana R. Williams, of Spokane, Washington, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. erz�n r AV. J �sA Acow 41! State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 6 My Commission expires the 30th day of June, 2021 t�t Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 22nd day of April , 2019 liW f f Kevin E. Hughes, Assittant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the def -ails of the bond to which the power is attached. CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 1 Contract No.: Contract 19-01 Project Name: CP1802,Green River Pump Station Emergency Repair Contractor: McClure and Sons, Inc. 15714 Country Club Drive Mill Creek,WA 98012 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, measurements and unit bid prices 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: 1. Add pay item,"Electrical Improvement Modifications"to the Contract,which shall be paid per lump sum and shall include the incremental costs for installing a Manual Transfer Switch(MTS) rated for 800 Amps and upgrading the generator feeder wire (#600)to fit Owner supplied generator.The lump sum pay item shall include the incremental costs for the labor, materials, and equipment required to operate installed owner supplied backup generator. In addition,since the new pay item for "Electrical Improvement Modifications"is an incremental cost,the existing pay item for"Electrical Improvements",which includes the costs to install an MTS rated for 400 Amps and#350 wire,shall be paid to its full bid price once complete. 2. Add pay item, "Variable Frequency Drives-(Pump 1 and Pump 2)"to the Contract,which shall be paid per lump sum, and shall be full pay for equipment, labor and material to complete the removal of two existing Robicon VFD's(Pump 1 and Pump 2), and installing two new 150 HP VFD's,which shall conform to existing Contract Specifications. Seven days have been added to the Contract to complete this work. The Contract time is extended by 7 working days. Sec. Quantity Unit Price Total Price Item Sch. No. Item Description I+i_) Units ($) +/) CO1-1 A •8-35 Electrical Improvement Modifications 1 LS 8,930.08 $ 8,930.08 CO1-2 A 8-35 Variable Frequency Drives-(Pump 1 and Pump 2) 1 LS 45,383.99 $ 45,383.99 Subtotal $ 54,314.07 Washington State Sales Tax(10%)on applicable items $ 5,431.41 TOTAL $ 59,745.48 Base Amount Total incl.Tax 1. Total Cost this C/O $ 54,314.07 $ 59,745.48 2. Total Cost Previous C/O $ - $ - 3. Original Contract Amount $ 832,159.00 $ 915,374.90 4. Revised Contract Amount $ 886,473.07 $ 975,120.38 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-compensable. All other terms and conditions of the Contract remain unchanged. Counterparts: This agreement may be executed in multiple counterparts,each of whic 4 all be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the •- ies and delivered to the otherparty. Contractor: —`‘10 9/a7 (14 Date Project Manager: C ����_' /3/ii Date City Engineer: ���/ ' vi/ gi/4///f CI Date Approved by: k 1...L.... r 1 • ,. '1. • Mayor, 41 of 'uburn Date Approved as to form: , City'i:,"ey late ENG-028, Revised 01/19 Page 1 of 1 CITY OF AUBURN CONTRACT CHANGE ORDER AGREEMENT NO. 2 Contract No.: Contract 19-01 Project Name: CP1802,Green River Pump Station Emergency Repair Contractor: McClure and Sons, Inc. 15714 Country Club Drive Mill Creek,WA 98012 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, measurements and unit bid prices 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: 1. Add pay item, "Feeder Conductor-(Pump 1 and Pump 2)"to the Contract,which shall be paid per lump sum,and shall be full pay for equipment, labor and material to complete the removal and replacement of power feeder conductor for Pump 1 and Pump 2,which shall conform to existing Contract Specifications. Five days have been added to the Contract to complete this work. The Contract time is extended by 5 working days. Item Sch. Sec. Item Description Quantity Unit Price Total Price No. (+/) Units ($) (+1-) CO2-1 A 8-35 Feeder Conductor-(Pump 1 and Pump 2) 1 LS 5240.00 $ 5,240.00 Subtotal $ 5,240.00 Washington State Sales Tax(10%)on applicable items $ 524.00 TOTAL $ 5,764.00 Base Amount Total incl. Tax 1. Total Cost this CIO $ 5,240.00 $ 5,764.00 2. Total Cost Previous C/O $ 54,314.07 $ 59,745.48 3. Original Contract Amount $ 832,159.00 $ 915,374.90 4. Revised Contract Amount $ 891,713.07 $ 980,884.38 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-compensable. All other terms and conditions of the Contract remain unchanged. Counterparts: This agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Contractor: 11 1519 Date Project Manager: I Z Date City Engineer: Ard- zt` D.te Approved by: A • J. �y. ' • Mayo of Auburn Date N,14v Approved as to form: 4 • . City Attorney i ate ENG-028, Revised 01/19 Page 1 of 1