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AG 22-093 - ROAD CONSTRUCTION NORTHWEST, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 4289 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ ENGINEERING 2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN, P.E. EXT: x 2720 3. DATE REQ. By: 29-AU G-2023 3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION m CONTRACT AMENDMENT (AG#): 22-093 ❑ INTERLOCAL ❑ OTHER Lnange LJruer I 4. PROJECT DAME: 2022 STORM PIPE REPAIRS s. NAME OFCONTRACTOR: ROAD CONSTRUCTION NORTHWEST, INC. ADDRESS: PO BOX 2228 RENTON, WA 98056 TELEPHONE: (425)254-9999 E-MAIL: JAKEC&RCNW.COM FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION p INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI # . EXP. 7. TERM: COMMENCEMENT DATE: 06-SEP-2022 COMPLETION DATE: COMPLETION & ACCEPTAM with contingency like on inal contract): 341,729.30 + 15,912.92 = 357,644.22 8. TOTAL COMPENSATION: $ 310,663.00+15,912.92= 326,575.92 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: C34288-26500 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED Dg.t.lys�fsJ hg Cnrist>•}-0I�nn in PROJECT MANAGER q^'' one: zouasrz oa aa:giwizr ❑ DIVISION MANAGER O DEPUTY DIRECTOR DSW 8/23/23 O DIRECTOR - ❑ RISK MANAGEMENT (IF APPLICABLE) O LAW DEPT TMW 8/25/23 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 9/29/23 DATE REC, D: 10/4/23 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR) Z Olfg(122 X CITY CLERK 16 x ASSIGNED AG # AG# 22- 93A X SIGNED COPY RETURNED Via LF DATE SENT: 10/12/2023 COMMENTS: EXECUTE" "ORIGINALS 1 /2020 34288 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG 22-093 PROJECT NUMBER AGREEMENT NUMBER 2022 STORM PIPE REPAIR PROJECT TITLE 1 CHANGE ORDER NUMBER EFFECTIVE DATE ROAD CONSTRUCTION NORTHWEST, INC. CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: Additional force account work (Bid Items A2 & 132) and sawcutting (Bid Items A4 & 134) necessary to construct the improvements. Force account work included the following: FA #1: Remobilization to Site A4 FA #2: Rebuild CB Lid & Grate FA #3: Field Directive #2 work FA #4: Field Directive #1 work FA #5: Install post at B2 barricade FA #6: Property Restoration FA #7: PSE delay The time provided for completion in the Contract is ® Unchanged ❑ Increased by_ Working Day(s) ❑ Decreased by_ Working Day(s) This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No MODIFICATIONS TO UNIT PRICES: BID ITEM # DESCRIPTION QTY PREVIOUS REVISED ADD OR I UNIT PRICE UNIT PRICE DELETE A2 MINOR 1 FA $1,000.00 $7,464.78 $6,464.78 CHANGE B2 MINOR 1 FA $1,000.00 $5,298.14 $4,298.14 CHANGE THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO. ITEM QTY UNIT PRICE ADD OR DELETE BID ITEM # DESCRIPTION UNIT PRICE PREVIOUS QTY REVISED QTY ADD OR DELETE A4 SAWCUTTING $50.00 / LF 40 LF 84 LF $2,200.00 B4 SAWCUTTING $50.00 / LF 54 LF 113 LF $2,950.00 TOTAL NET CONTRACT: CHANGE ORDER AGREEMENT 1 iINCREASE $ 15,912.92 Rev. 8/19 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT $ 310,663.00 $ 15,912,92 $ 326,575,92 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. Jeffrey M. Kanyer, President OU 2 2023 CONTRACTOR'S SIGNATURE DATE l o( 3lW23 PUB' I WORKS DIRECTOR DATE CHANGE ORDER AGREEMENT 2 Rev. 8/19 f;�55C-t,*find Charities. Filing System BUSINESS INFORMATION ROAD CONSTRUCTION NORTHWEST, INC. 602 286 010 WA PROFIT CORPORATION ACTIVE 5851 NE 4TH ST, RENTON, WA, 98059-4857, UNITED STATES PO BOX 2228, RENTON, WA, 98056-0228, UNITED STATES 04/30/2024 UNITED STATES, WASHINGTON 04/07/2003 PERPETUAL CONSTRUCTION REGISTERED AGENT INFORMATION Business Name: UBI Number: Business Type: Business Status: Principal ❑ffice Street Address: Principal Office Mailing Address: Expiration fate: jurisdiction: Formation/ Registration bate: Period of Duration: 1 nacrive Date: Nature of Business: Registered Agent Name: INCORP SERVICES, INC. Street Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES Mailing Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JEFFREY 'KANYER GOVERNOR INDIVIDUAL RODNEY LEPPA GOVERNOR INDIVIDUAL WAGESTER MATT GOVERNOR INDIVIDUAL GEORGE TUCKER Back Filing History Name History 1 Print Return to Business Search RETURN TO: PW ADMIN EXT: 2700 ID #: 4119 / 4133 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / ENGINEERING DIVISION 2. ORIGINATING STAFF PERSON. OMAR BARRON EXT: 2729 3. DATE REQ. BY: 8/10/22 3. TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT p PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAME:2022 STORM PIPE REPAIR s. NAME OF CONTRACTOR: Road Construction Northwest, Inc. ADDRESS: P.D. Box 2228 Renton, WA 98056 TELEPHONE425-254-9999 E-MAIL: matta-rcnw com FAX: SIGNATURE NAME: Matt Waaester TITLE: Vice President 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #. BL, EXP. 12/31/ UBI # 602-286-010 , EXP. 7. TERM: COMMENCEMENT DATE: TB COMPLETION DATE: TB 8. TOTAL COMPENSATION: $ 310,663.30 + 1 0% cont. = $341,729.30 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 13 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: c34288, PO # to be assigned DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL' DA I'E APPROVED 11 PROJECT MANAGER oB 6/15/2022 OB 8/1/22 D'gilally zgneE W Ch�rs:a�a MI��I f /• D'gitaly sq.-c vy Chiisune Mullen 6 DIVISION MANAGER ?r' Dme:mu os.is no9:.n.nrar y Deie:2a c4�a+aas�moo A DEPUTY DIRECTOR EJW for DSW 6/16/2022 DSW 819122 A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT KVA 6/16/2022 KVA 8/9/2022 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 8/1122 COMMITTEE APPROVAL DATE: 8/1122 SCHEDULED COUNCIL DATE: 8/9/22 COUNCIL APPROVAL DATE: 8/9/22 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 8/11/22 DATE REC- D: 8/17/22 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT P LAW DEPT I 7, �^ d SIGNATORY (MAYOR OR DIRECTOR) I Ix Z A CITY CLERK Z ❑ ASSIGNED AG # AG ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: ExFcui,E" 'ORIGINALS Omar needs to add contract specifications and plans prior to routing to City Clerk. V2020 40k CITY OF Federal Way BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Annual Pipe Rehabilitation Phase 4 (2022) PROJECT # 34288 RFB # 22-008 City of Federal Way ENGINEERING DIVISION 33325 8th Avenue South Federal Way, WA 98003 CONFORMED BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Annual Pipe Rehabilitation Phase 4 (2022) PROJECT # 34288 RFB # 22-008 Bids Accepted Until 1:00 p.m., July 14, 2022 at City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Prepared By: City of Federal Way ENGINEERING DIVISI01 The contract plans and specifications for this Project have been reviewed and approved by: Public Works Director / Deputy Public Works Director CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-i PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC TABLE OF CONTENTS PAGE ADVERTISEMENTFOR BIDS.......................................................... ..... :.................................................... ....... ....1 INSTRUCTIONS TO BIDDERS & CHECKLISTS .................. ......... ............. .......... ....... ........................................ 3 BIDPROPOSAL.....................................................................................................................................................5 BIDBOND.............................................................................................................................................................11 CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION.........................................................................12 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS.......................................................................13 PUBLICWORKS CONTRACT.............................................................................................................................14 SAMPLE CONTRACT CHANGE ORDER...........................................................................................................21 CERTIFICATEOF INSURANCE..........................................................................................................................23 PERFORMANCE AND PAYMENT BOND...........................................................................................................24 CONTRACTOR'S RETAINAGE OPTION............................................................................................................26 RETAINAGE BOND TO CITY OF FEDERAL WAY.............................................................................................27 SPECIALPROVISIONS........................................................................................................................................... STANDARDPLANS AND DETAILS........................................................................................................................ PREVAILING WAGES AND BENEFIT CODE KEY................................................................................................. PROJECT PLANS............................................................................................................. BOUND SEPARATELY CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-ii PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC ADVERTISEMENT FOR BIDS Annual Pipe Rehabilitation Phase 4 (2022) SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way will receive sealed bids through Thursday, July 14, 2022, at 1:00 (TIME) p.m. at the City Hall Finance Department at 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after said date and time will not be considered. All timely bids will be opened and read publicly aloud in the Hylebos Conference Room inside City Hall, and also via Zoom remote meeting, at 1:05 (TIME) p.m. on July 14, 2022. The remote meeting can be accessed at www.zoom.us by clicking on "Join a Meeting" and entering Meeting ID: 818 5910 0132 and Passcode: 802322 or by telephone at (253) 215-8782. 1. This project shall consist of: Perform work for services listed in Exhibit A, Base Bid Schedule A of removing and replacement of failed Storm Sewer Pipe. In Addition, Schedules B and C are Alternates and may also be selected for inclusion in the project. 2. Schedule A, the Base Bid, repairs damaged Storm Sewer Pipe and requires minor replacement of traffic curb and sidewalk together with roadway patching. 3. Schedule B, Alternate 1, repairs damaged Storm Sewer Pipe and requires minor replacement of traffic curb and sidewalk together with roadway patching. 4. Schedule C, Alternate 2, repairs damaged Storm Sewer Pipe and requires minor replacement of traffic curb and sidewalk together with roadway patching. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required documents are executed in full. Regardless of the date of award or Notice to Proceed, the Contractor must complete all work within 45 working days. BID DOCUMENTS: Plans, Specifications, Addenda, and plan holders list are available on-line through Builders Exchange of Washington at www.bxwa.com. Click on: `Posted Projects," "Public Works," and "City of Federal Way." It is recommended that Bidders 'Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Bidders List." Bidders that do not register will need to periodically check on-line for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 if you require assistance with access or registration. An informational copy of plans, specifications, and addenda are available for viewing only at the City of Federal Way Finance Department. QUESTIONS: Any questions must be directed to Omar Barron, Senior Capital Engineer, by email at omar.barron@cityoffederalway.com, or by letter addressed to same. Questions must be received by the City no later than 5:00 p.m. three business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of bids. OTHER PROVISIONS: All bids and this Project shall be governed by the Contract, as defined by the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2022 (Standard Specifications), which is incorporated by this reference as though set forth in full. All bid proposals shall be in accordance with the Contract and all bid proposals shall be accompanied by a bid deposit or bond in the amount required in the Contract. Forfeiture of the proposal bond or deposit to the City shall be in accordance with the Contract. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-1 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. DATES OF PUBLICATION: Daily Journal of Commerce Publish June 24, 2022 and July 1, 2022 Federal Way Mirror Publish June 24, 2022 and July 1, 2022 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-2 PROJECT #342881 RFB #22-008 CFW RFB VERSION 2021-DEC INSTRUCTIONS TO BIDDERS & CHECKLISTS (1) ADVERTISEMENT FOR BIDS AND CONTRACT DOCUMENTS The Advertisement for Bids and Contract Documents contain bidder instructions that must be complied with. (2) EXAMINATION OF BID AND CONTRACT DOCUMENTS — BIDDER RESPONSIBILITIES The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and Contract Documents, the Project site, the availability of materials and labor, publically available information, and has reviewed and inspected all applicable federal, state, and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. (3) INTERPRETATION OF BID AND CONTRACT DOCUMENTS No oral clarifications, interpretations, or representation will be made to any bidder as to the meaning of the bid or Contract Documents. Bidders shall not rely upon any oral statement or conversation they may have with City's employees, agents, representatives, consultants, or design professionals regarding the Contract Documents, whether at the pre -bid meeting or otherwise and no oral communications will be binding upon the City. Any questions must be directed to Omar Barron, Senior Capital Engineer, by email at omar.barron@cityoffederalway.com, or by letter addressed to same. The questions must be received by the City no later than 5:00 p.m. three business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their bids. Any interpretation deemed necessary by the City will be in the form of an Addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such Addenda shall become part of the bid. (4) BID PRICE The bid price shall include everything necessary for the completion of the Contract and the Work including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the Contract Documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. (5) POSTPONEMENT OF BID OPENING The City reserves the right to postpone the date and time for the opening of bids by Addendum at any time prior to the bid opening date and time announced in these documents. (6) REJECTION OF BIDS The City reserves the right to reject any bid for any reason including, but not limited to, the reasons listed in Special Provisions Section 1-02.13. The City further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. (7) RECYCLED PRODUCTS The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-3 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC (8) BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required Failure to comply may result In rejection of any bid not so complying ❑ Bid Proposal: The Bid Proposal shall be completed and fully executed, including filling in the total bid amount ❑ Bid Bond: This form is to be executed by the bidder (and the surety company as appropriate, depending upon the option selected by the bidder). ❑ Contractor Certification — Wage Law Compliance: This form shall be filled in and fully executed by the bidder ❑ Proposal for Incorporating Recycled Materials: This form shall be filled in and executed by the bidder (9) CONTRACT CHECKLIST The following documents are to be executed and delivered to the City after the Bid is awarded ❑ Public Works Contract: The successful bidder will fully execute and deliver to the City the Public Works Contract ("Contract") from these Bid Documents ❑ Certificate of Insurance: The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract j] performance/Payment Bond: The successful bidder will provide a fully executed Performance/Payment Bond as appropriate ❑ Contractor's Retainage Option: The successful bidder will fully execute and deliver to the City the Contractor's Retainage Option ❑ Contractor's Retainage Bond: If the retainage bond option is chosen, then the successful bidder will fully execute and deliver to the City the Contractor's Retainage Bond ❑ Business License: The successful bidder will provide a copy of a current Business License with the City of Federal Way CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-4 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC Yrond=_d ?xchsnq_ of inc t_saq� .cnditicns .-.Rreern=rt bxe:s :nm - Hlr.ays ._ BID PROPOSAL Annual Pipe Rehabilitation Phase 4 (2022) PROPOSAL SUBMITTED TO: City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 PROPOSAL SUBMITTED BY: Bidder Road Construction Northnvest, Inc Tull LeLegat Name of Firm Matthew Wagester, Vice President Contact t ividuat with Legal Authority to sign Bid and Contract Address PO Box 2228 Renton WA 98056 Street Address Phone: City, State Zip 425-254-9999 E-Mail bids a,rcnw.com Select One of the Following: Q Corporation n Partnership ❑ Individual ❑ Other State Contractor's License No RCNW*CN978L6 06 State Contractor's License Expiration Date: Month State UBI No 602-286-010 State Worker's Comp Account No CITY OF FEDERAL WAY 052.715-01 26 2023 Day Year Annual Pipe Rehabilitation Phase 4 (2022) RFB-5 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal (VOTE: All entries shall be written in ink or typed. Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including for whole dollar amounts). All figures must be clearly legible. Bids with illegible figures in the unit price column will be regarded as nonresponsive. Where conflict occurs between the unit price and the total amount specilied for any item, the unit price shall prevail, and totals shall be corrected to conform thereto- The Bidder shall complete this entire Bid Form or this bid may be considered non -responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. SCHEDULE A - BASE BID (SITES Al THROUGH A6) Item Spec. Item Description Plan Oty. Unit Unit Price Total Bid Al 1-09 Mobilization 1 LS q c j oo �* 14, Wo. (yQ A2 1-04 Minor Change 1 FA $1,000.00 $1,000.00 A3 1-10 Project Temporary Traffic Control 1 LS 50Dn A W ow, oQ A4 2-02 Sawcutting 40 LF 5D-Q0 9100®_00 A5 2-03 Roadway Excavation Incl. Haul 7 CY.� OQ A6 2-09 Trench Safety System 1 LS I0(�1.Ob ��OW.00 A7 5-04 HMA for Pavement Repair Cl. 1/2", PG 58H -22 20 TN L1 .00 otow-00 A8 7-04 High -Density Polyethylene (HDPE) Pipe, 15In. Dia. 24 LF 400.00 4 Vio-00 A9 7-04 High -Density Polyethylene (HDPE) Pipe, 12 In Dia. 6 LF ?0 j,C I u00•d A10 7-04 High -Density Polyethylene (HDPE) Pipe, 8 In. Dia. 57 LF aM • dC (114W100 All 7-04 Ductile Iron Storm Sewer Pipe, 12 In. Dia, 12 LF (50.00 1 Ow•00 Al2 7-04 Ductile Iron Storm Sewer Pipe, 8 In Dia 4 LF J55moo 4 00 I • L,aq)-00 A13 7-04 Connection to Existing Storm Drain Pipe 13 EA `31 OW.00 A14 7-05 Connection to Drainage Structure 2 EA -9 a,000.00 1,110M.L)O A15 8-01 ErosionNVater Pollution Control 1 LS N a.-? 50_00 -L-7 0 A16 B-02 Property Restoration 1 FA $1,000.00 $1,000.00 Al B-04 Cement Conc. Traffic Curb and Gutter 54 LF 166.00 # QO Al B 8-06 Cement Conc Driveway Entrance Type Residential 12 SY A ' 50.0O I* 0o, ()0 A19 B-07 Mountable Cement Conc Curb 10 LF �I.00 � Z 10. 00 A20 8-14 Cement Conc. Sidewalk 4 SY 0 403.00 Li ('1.00 A21 8-22 Paint Line 10 LF TOTAL SCH. A ILi of 3 51.0, ©o CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-6 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC B3 1-10 Project Temporary Traffic Control 1 LS 'L{"1'= D0 ll11, 'mom 00 B4 2-02 Sawcutting 54 LF 60.00 .(70 B5 2-01 Clearing and Grubbing 1 LS $ &,=.00 Oo B6 2-03 Roadway Excavation Incl. Haul 12 CY I $0,00 00 87 2-09 Trench Safety System 1 LS 0 JpW. 00 t0W- 00 BB 5-04 HMA for Pavement Repair Cl. 1/2", PG 58H -22 31 TN 41(50.00 ff ' ' la oo 69 7-04 High -Density Polyethylene (HDPE) Pipe, 12 In. Dia. 105 LF 2(r•Co 'a1t000. GQ B10 7-04 High -Density Polyethylene (HDPE) Pipe, 8 In. Dia. 52 LF I L5.00 11,loo-00 B11 l 7-04 Ductile Iron Storm Sewer Pipe, 12 In. Dia. 111 LF a?-?• 00 Alas 1 Q1, (70 B12 7-04 Connection to Existing Storm Drain Pipe 4 EA 1000.01D y,6DO- 00 B13 7-05 Catch Basin Type 1 2 EA ( CW, p0 a�0W. 00 B14 7-05 Adjust Valve Box 2 EA -7 so- 00 � 1 i $Ob• 00 B15 7-05 Connection to Drainage Structure 5 EA # `O.OD ((�,QOC+I, 00 B16 8-01 Erosion W,ter Pollution Control 1 LS + (t 300, Op B17 8-02 Property Restoration 1 FA $1,000.00 $1,000.00 B18 B-02 Sod Lawn, Inc] 4 In. Topsoil 17 Sy W. 00 '0 S) 0, 00 B19 B-15 Quarry Spalls 2 CY 945.00 0 ".00 B20 8-22 Plastic Crosswalk Line 34 SF 60,W nfJLJ0.00 MW TOTAL SCH. a 110, 30-1 , SCHEDULE C - ALTERNATE 2 (SITES C1 THROUGH CS) Item Spec. Description Plan Qty Unit Unit Price Total Bid C1 1 1-09 M❑Nliz ti 1 LS Q,cw.0o & IZOW-oo C2 1-04 Minor Change 1 FA $1,500.00 $1,500.00 C3 1-10 Project Temporary Traffic C ] 1 LS � Q.00 �k0 O0. 00 C4 2-02 Sawcutting 65 LF 5� 0 3'�.SQ, 60 C5 2-03 Roadway Excavation Incl. Haul 2 CY �.00 1 to0:00 C6 2-09 Trench Safety System 1 LS (, OO (y0l'�'l. 00 C7 5-04 HMA for Pavement Repair Cl 112", PG 58H -22 1 TN ( Lt50. 00 41,5W.00 C8 7-04 High -Density Polyethylene (HDPE) Pipe, 36 In, Dia, 6 L (f( -O0 C9 7-04 High -Density Polyethylene (HDPE) Pipe, 12 In Dia. 82 LF 00 -7W. 00 C10 7-04 Connection to Existing Storm Drain Pipe 10 EA Ot (,0W, 00 to, ©60 • cc) C11 7-05 Connection to Drainage Structure 2 EA ai Qf�•0(j �q �t d0 C12 8-01 ErosionNVater Pollution Control 1 LS a500,00 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RF13-7 P ROJ ECT #34288 1 RFB #22-008 CFWRFB VERSION2021-DEC C13 ert Conc. Traffic Curb and Gutter 34 LF '4 (Xi,�O GG(,t . O6 C14 8-06 Cement Conc. Div Type Residential 19 SY ( d .00 C15 8-13 Monument Case, Cover, and Pipe 1 EA # 3�SBOIv.00 34 too. C16 8-14 Cement Conc. Sidewalk 13 S. dD '�j 3 q, TOTAL scH. c ( 9,1 to 53 - �I, TO, BID SUMMARY ITEM T BID AMOUNT SCHEDULE A — BASE BID $ I (10, 3 c5(ftC0 SCHEDULE B — ALTERNATE 1 $ fj " 01 30-7. ©O NOT AWARDED TOTAL BID AMOUNT (including Washington State sales tax, all other $ government taxes, assessments and charges) $3109663.00 The documents incorporated by reference, as if fully set forth, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (Including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. Pursuant to and in compliance with the Advertisement for Bids for the Project, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents, considered conditions which may affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the referenced bid amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. NON -COLLUSION AFFIDAVIT By signing this proposal, the undersigned acknowledges that the person(s), firm, association, or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this project. To report rigging activities, call 1-800-424-9071. The U.S. Department of Transportation (USDOT) operates the toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. CONFLICTS OF INTEREST GRATUITIES & NON-COMPETITIVE PRACTICES By signing this proposal, the undersigned agrees as follows; CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RF13-8 PROJECT #34288 / RFB #22-008 CFWRFS VERSION 2021-DEC (1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require, and (2) That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid, and (3) That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract AFFIDAVIT OF ELIGIBILITY, The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50 12 070(1)(b), RCW 51 16 070(1)(b), or P.CVV 82 32 070(2) within the last two years The Contractor further certifies that iT has not beer determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five year period (1) Violated RCW 51 48 020(1) or 51 48 103. or (2) Committed an infraction or violation under Chapter 18 27 RCW CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now or as herein after amended, 8 U.S C 1101 et Seq , and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way Receipt of the following Addendums is hereby acknowledged Addendum No Date Issued Addendum No Date Issued Addendum No Date Issued The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation Pnnted Name M,ilthe„, \ i,-,cstet Vice President 71tle Subscribed and sworn to before me this I4_ day of luly __ 20 ??. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-9 PROJECT #34288 / RFB 422-008 CFWRFP VERSION 2021-DEC Provided to Pui]ders Exchange of '.:A, Inc. Fcr usage Conditions Agreement see .. .... b>: o-:a .onn - Trays Verify Scal 111111!1111111S1I.+ IL \0 Q0. �r y; K:t Jre of Notarygg� �colAOTAFty Printed name of Notary PUBLIC+* ' = =" -.,rylse Notary Public in and for the State of .' M commission expires OS/ 31 / y p f �umba��~- f ll •��0 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-10 PROJECT #342881 RFB #22-008 CFW RFB VERSION 2021-DEC Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 1 ; 0 b, Annual Pipe Rehabilitation Phase 4 (2022) OPTION 1: BID BOND DEPOSIT Attached is a deposit in the form of a certified check, cashier's check, or cash in the amount of $ , which amount is not less than five percent (5%) of the total bid. Principal — Signature of Authorized Official Date Title --OR-- OPTION 2: BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, Road Construction Northwest Inc. as Principal, and Ernctvvers Mutual Casualty Company as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the sum of five (5) percent of the total amount of the bid proposal for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents The condition of this obligation is such that if the Obligee shall make any award to the Principal for the above - mentioned Project according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATEp THIS 1Gti 'I�o y 2022 Road Construction tUgrtjwest-l1 .0 . 'g,P d� �oye3s Mutual.Cav U W._ m SEALF Principal Slgna&65of Authorized Matthew Wagester, Title Name and Address of Local Office/Agent of Surety Company is Propel I nci trance 1201 Pacific Avenue. Suite 1000 WA 98402 -- Attorney in Fact, Julie R. Truitt Power of Attorney) CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-11 PROJECT #342881 RFB #22-008 CFW RFB VERSION 2021-DEC AIFEMC P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: CHRISTOPHER KINYON, LISA M ANDERSON, DIANE M HARDING, KELLIE HOGAN, CARLEY ESPIRITU, ERIC A ZIMMERMAN, ALICEON A KELTNER, CYNTHIA L JAY, JAMES B BINDER, BRENT E HEILESEN, BETH M CAIN, ANNELIES M RICHIE, Holli Albers, Jamie L Marques, Amelia G Burrill, Katharine J Snider. Justin Price, Julie R Truitt its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire October 1 Oth , 2022 , unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Execulfve Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shail have power and authorlty to (1) appoint attomeys-in-fact and authorize them to execute an behalf of each Company anc attach the seal of the Company thereto, bonds and undertakings, recognizancescontracts of indemnity and other wrilings obligatory in the nature thereof; and (2) to remove any 9LI0 afiorney-m-fact at any lime and revoke the power and authority given to him or her. Attorney s-ln-fact shall have power and authority, subjecl to the terms and limitations of the poorer-ef-attomey Issued to them, to execute and deliver on behalf of the Company, and to attach the seal' of the Company thereto, bonds and undertakings. recognizances, contracts of indemnity and other writings obfgatory in the nature thereof, and any such instrument executed by any sun attorney -fin -fact shall be fully and in all respects binding upon the Company. Car7fication as to the validity of any power-of•anorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically repfeduced signature of such officer, whetherrnade heretofore or hereafter, wherever appearing upon a certified copy of any power•cf-attamey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sig d foreach by their officers as shown, and the Corporate seals to be hereto affixed this 30th day of March 2020 , otl R. Jean, P e ident & CEO Todd 5trother.Executive Vice President :P•... •• '..... f Company T: trman. President Chief Legal Officer & Secretary of ":'•P� ;.' 4 & CEO of Cv Hies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 - j S �ie• Y • _ SEAL i 1863 -` c' " i 1'- 1953 `- • - r�; On this day of arch 2a20 are me a Notary Public and t •a 30th fN f N P I in for he State '�' • '" ; r'. ".. of loofa, personalty appeared Scott R. Jean and Todd 5trof her, who, being by me duly sworn, did say that they are, and are known to e to be the CEO, Chairman, President, Executive s°"""<< `"`"r'' • , ' • Vice President, Chlot Legal Off icerand/ur Secretary, respectively, of each of the Companies Cp �.•'�� •. fir' � - •.... ,,,• ,ti •. above; that the seals affixed to this instrument are the seals of said corporations; that said +: = •r' r+ ' _ : - - - instrument was signed and sealed on behalf of each of the Companies b authority of their SEAL =.; SEAL 9 P Y Y respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such .' ,�'. �•4.a;;pA;o+;: zs.e;;;;� '; ntficefs, acknowledged the execution of said instrulnant to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2022. M IAVERIDG C L� Canmmmkol iaMon Null7a0769 MyCorrrmwskrn etrwr7N�—" 0etotxr iD, 2422 Notary Pubg in and for the State cfflow2 CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 30th day of march , 2020 , aretrue and corfact�an0re still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this. 1 —Nlay of Vice President 7838 (3-20) 0000000-NA W6340 000 SSE 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION. FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49 48 082, any provision of Chapters 49 46, 49 48, and 49 52 RCW within three (3) years prior to the date of the Request for Bids Bidder Name; Road Construction Northwest, Inc. Print Full Legal Name of Firm By Matthew 14 agester Vice President 5iOgtalrC of Person Print Name of Person Making Certifications for Firm Title Vice President Place: Everett, WA Title of Person Signing Certificate Print City and State Where Signed Date 14 22 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-12 PROJECT #342881 RFB #22-008 CFVV RFB VERSION 2021-DEC Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal PROPOSAL FOR INCORPORATING RECYCLED MATERIALS s APWA-WA Division 1 Committee rev. 1/8/2016 Proposal for Incorporating Recycled Materials into the Project In compliance with a new law that went into effect January 1, 2016 (SH01695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials Calculated percentages must be within the amounts allowed in Section 9-03 21 (1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: percent_ Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie -breaker., per the APWA GSP in Section 1-03. t of the Special Pro visions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder Ro id Construction Nortfiwest,lnc. Signature of Authorized Official: Matthew Wagester, Vice President Date: 7-14-22 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RF13-13 PROJECT #34288 / RFB #22-008 CFW RF8 VERSION 2021-DEC Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement sae www,bxwa.com - Always verify Scal PUBLIC WORKS CONTRACT �cMbe THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this � day of rt , 20 22 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner"), and Road Construction Northwest Inc. , a Washington Corporation ("Contractor"), for the project known as Annual Pipe _Rehabilitation Phase 4 L201� _ (the Project'). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the Project; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the Project. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance with and as described in the Contract Documents, which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2. TERM 2.1 This Contract shall commence on the effective date of this Contract and continue until the Project is formally accepted as complete by the City Council, Notice of Project Completion is filed with State agencies, and all bonds for the Project are released by the City. 2.2 The Contractor must complete the Work in accordance with the number of Working Days for the Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in the amount set forth in the Contract Documents. The parties acknowledge that delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations. 2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the Engineer in accordance with the Contract Documents. Any request for a time extension or additional compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages, or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to such request. 3. COMPENSATION 3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed Three Hundred and Ten Thousand. Sixty-six and no /100 Dollars ($ 310,066.00 ], which amount shall constitute full and complete payment by the City ("Total Compensation"). The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Bid Proposal, which is incorporated herein and made a part hereof by this reference, and as detailed in the Contract Documents. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole and absolute discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that�the Work is acceptable to the City. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-14 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC 3.3 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time incurred, all costs (1) directly associated with each work activity, (2) dir'ectly or indirectly resulting from any event, occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work. 4. INDEPENDENT CONTRACTOR 4.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Nothing contained in this Contract shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers, or consultants. 4.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 5. INDEMNIFICATION 5.1 Contractor Indemnification. 5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees, agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and pay and damages or judgments, related to any claim brought by any person employed in any capacity by the Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages, salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement, vacation, sick leave, etc. 5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs, damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the Work and any injuries to persons or property arising out of the performance of this Contract are caused by or result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees, and anyone for whom they are legally liable. 5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own employees or former employees against any Indemnified Party, and for that purpose Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Provided, however, the Contractor's waiver of immunity by the CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-15 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor recognizes that this waiver was specifically entered into. 5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract Documents and assumes all risk thereof. 5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any applicable statute of repose with respect to claims, fines, costs or damages brought or made against any Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract. 5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate assurance of the protection of the City's and the other Indemnified Parties interests. 5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5. 6. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work, whether or not required to be furnished to the City, shall become the property of the City, shall be delivered to the City at its request, and may be used by the City without restriction. 7. PATENTS, COPYRIGHTS, AND RIGHTS IN DATA Ti Any patentable result or material suitable for copyright arising out of this Contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. 7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated in Sections 6 and 7. 7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-16 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC 7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are included in each subcontract for the work on the Project. 8. GENERAL PROVISIONS 8.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. In entering into this Contract, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except for those expressly contained in the Contract Documents. 8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. 8.3 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest in accordance with the Contract Documents. 8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue a Change Order at any time making changes within the general scope of the Contract, without invalidating the Contract and without providing notice to sureties. The City's issuance of a unilateral Change Order shall not be construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud. 8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision, any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special, consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or suppliers. 8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties. If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor such guarantee or warranty. This obligation survives termination of this Contract. 8.7 Futl Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-17 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC 8.8 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 8.9 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 8.10 Time Limitation and Venue. For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and (ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim, cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims, action, or dispute. 8.11 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 8.12 Sole Authority/Discretion/Judgment. Where the Contract Documents provide the City or its Engineer with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered unconditional and absolute. 8.13 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 8.14 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 8.15 Engineer. The Engineer is the City's representative who directly supervises the engineering and administration of a construction Contract. The Engineer's authorities, duties, and responsibilities are limited to those specifically identified in the Contract Documents. Designation of an individual or entity as the Engineer for the Project is solely to identify the representative of the City as the entity to act as the Engineer as described in the Contract Documents. Using the term "engineer" does not imply that such entity or person is a licensed professional engineer or an engineering company and does not import any additional obligations upon the actions of the Engineer that may govern licensed professional engineers when performing engineering services. The Engineer for this Project is designated as: Omar Barron, P.E., Senior Captial Engineer 8.16 Notices. Any notices required to be given to Contractor or to the Engineer shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. CONTRACTOR: Road Construction Northwest, Inc. Attn: Matthew Wagester, Vice President P.O. Box 2228 Renton, WA 98056 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-18 PROJECT #34288 / RFB #22-008 CFW RFS VERSION 2021-DEC ENGINEER: City of Federal Way Attn: Omar Barron, Senior Capital Engineer 33325 8th Ave S Federal Way, WA 98003 8.17 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 8.18 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 8.19 Cam liance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 9. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations; (ii) the payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW 60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities, increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. DATED the day and year set forth above. [SIGNATURE PAGE TO FOLLOW] CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-19 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC CITY OF FEDERAL WAY: Fvr mlFerrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: ivir4&WO14—, ph nie Courtney, CMC Ci Clerk A7Z7,,t,-10-7- AS TO FORM: 114 6. . Ryan Call, City Attorn NOTARY OF CONTRACTOR'S SIGNATURE: STATE OF WASHINGTON COUNTY OF IL �, L ) ss. CONTRACTOR: r Signs o uthorized lndivid al J lrcy M. KanyciF- �'residr�t Printed Name of Authorized Individual .SAS ri 1� -7 ,ter Street Address P, � 90 SAO City, State, Zip On this day personally appeared before me -5-e-4/Ly hr ; V -cp, , to me known to be the (? r c 5 , � t.+' # h r;s that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of )9-y-q L�.5 t -, 20. L IN Cq EXiO�r 'S �� -•. '■ 2 (typed/printed name of notary) s • = � Notary Public in and for the State of Washington. My commission expires G �Z; a�� : 0 'O F 0''R 1iN CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-20 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC SAMPLE CONTRACT CHANGE ORDER 34288 PROJECT NUMBER AGREEMENT NUMBER Annual Pipe Rehabilitation Phase 4 (2022) PROJECT TITLE CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: The time provided for completion in the Contract is EFFECTIVE DATE Road Construction Northwest, Inc. CONTRACTOR Unchanged ❑ Increased by_ Working Day(s) ❑ Decreased by_ Working Day(s) This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No MODIFICATIONS TO UNIT PRICES: ITEM NO. ITEM PREVIOUS REVISED CITY UNIT PRICE UNIT PRICE ADD OR DELETE THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO. ITEM CITY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: IINCREASE $ I DECREASE $ DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-21 PROJECT #34288/ RFB #22-008 CFW RFB VERSION 2021-DEC claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. CONTRACTOR'S SIGNATURE DATE PUBLIC WORKS DIRECTOR DATE Contract Change Order prodded for Contractor's reference. Change orders executed during the project will use this form. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-22 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC CERTIFICATE OF INSURANCE Contractor's Certificate of Insurance to be inserted here during Contract Execution CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-23 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC Bond No. S026283 PERFORMANCE AND PAYMENT BOND Annual Pipe Rehabilitation Phase 4 (2022) The City of Federal Way ("City") has awarded to Road Construction Northwest, Inc. ("Principal"), a contract for the construction of the above referenced project, and said Principal is required to furnish a bond for performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of Washington (RCW) and (where applicable) Chapter 60.28 RCW. The Principal, and Employers Mutual Casualty Company ("Surety"), a corporation organized under the laws of the State of Iowa and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Federal Way, in the SUM Of Three Hundred Ten Thousand Six Hundred Sixty -Three and 00/100 US Dollars ($ 310,663.00 ) Total Contract Amount, subject to the provisions herein. This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall: 1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect; and 2) Pay all persons in accordance with Chapters 39.08, 39.12, and 60.28 RCW including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed, original power of attorney for the office executing on behalf of the surety. PRINCIPAL: Road Construction Northwest, Inc. ��`-V4A 02 Prin Aal S Date Printed Name President Title SURETY: Employers Mutual Casualty Company 8/11 /2022 S r ty Signaturb Date Julie R. Truitt Printed Name Attorney -in -Fact Title CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-24 PROJECT #342881 RFB #22-008 CFW RFB VERSION 2021-DEC LOCAL OFFICE/AGENT OF SURETY: Insurance Name 1201 Pacific Avenue. Suite 1000 Street Address Tacoma, WA 98402 City, State, Zip {253) 759-2200 Telephone BOND NO.: S026283 APPROVED AS TO FORM: L� - �- �' ['` J Ryan Call, City Attorne CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-25 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC P.O. Box 712 • Des Moines, Iowa 50306-0712 /EMC. INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation Illinois EMCASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: CHRISTOPHER KINYON, LISA M ANDERSON, DIANE M HARDING, KELLIE HOGAN, CARLEY ESPIRITU, ERIC A, ZIMMERMAN, ALICEON A. KELTNER, CYNTHIA L. JAY, JAMES B. BINDER, BRENT E. HEILESEN, BETH M. CAIN, ANNELIES M. RICHIE, Holli Albers, Jamie L Marques, Amelia G. Burrill, Katharine J Snider, Justin Price, Julie R Truitt its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond: Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire October 10th , 2022 , unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presentsto be 30th day of March , 2020 . = SEAL = 1863 `0= « - 1953� �- _- � IGWT•'f • O�vflri�,3�� * IGNh`Y '�,.15OPakGe •., ''y�75Vfl ••. lil Ll.:t • �rl •z. I.ryC� ., .y,7 • �, •t :ram yPnr;� +'� =iy` = SEAL 1' a SEAT_ =_= a . SEAL =�- Ft:ATKY LAViERIDG E Commiulon Nu berr77W7764 Octtobw 10,n 2Gt2 >ig d for each by their officers as shown, and the Corporate seals to be hereto affixed this ,ott R. Jean, P e$fdent & CEO Todd Strothe r, Executive Vice President Company 1; irman, President Chief Legal Officer & Secretary of CEO of Com nies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 On this 30th day of March 2020 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2022. CERTIFICATE Notary Pubk in and for the State c1lowa I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 30th day of March , 2020 are true and correct �and �are still in full force and effect. r� In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this l i day v Vice President 7838 (3-20) 0000000-NA W6340 000 SSE 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title. Annual Pipe Rehabilitation Phase 4 (2022) RFB No: 22-008 Contractor: Road Construction Northwest, Inc. GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011, 1 hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: 0 Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. 0 Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these Contract Documents. 7-28-22 Contrac S' a tdfre Date CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-26 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC Bond No. S026284 RETAINAGE BOND TO CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, Road Construction N rl w t loc. as principal ("Principal"), and -Employers Mutual Casual1y Company, a Corporation organized and existing under the laws of the State of Iowa , 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 ("Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ("City") in the penal sum of: Fifteen Thousand Five Hundred Thirty -Three and 15/100($15,533.15 ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the above -referenced Project, which contract is incorporated herein by this reference ("Contract"), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material men who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $310,66100 ; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-27 PROJECT #34288 / RFB #22-008 CFW RFB VERSION 2021-DEC The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the 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 Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this 11th day of August , 2022 , the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPOf*TB ►L: ' c s� e w d• ` 'ff�!!�1!!!f►i11iti� CORPORATE SEAL: PRINCIPAL: Road Construction Northwest, Inc. y' � Title:` Jeffrey M. Kanyer President Address: PO Box 2228, Renton, WA 98056 SURETY: Employers Mutual Casualty Company By: � t f I't, P) q__ Atfbkney-in-Fadt, Julie R. Truitt ( h Power of Attorney) Title: Attorney -in -Fact Address: P.O. Box 712 Des Moines, IA 50306-0712 CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-28 PROJECT #34288 I RFB #22-008 CFW RFB VERSION 2021-DEC CERTIFICATES AS TO CORPORATE SEAL 1 herebyy certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that Jeffrey M. Kanyer who signed the said bond on behalf of the Principal, was President of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of PrOdpal hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Surety APPROVED AS TO FO M: V4 f . J. n Ca11, City Attorney CITY OF FEDERAL WAY Annual Pipe Rehabilitation Phase 4 (2022) RFB-29 PROJECT #342881 RFB #22-008 CFW RF8 VERSION 2021-DEC AIFEMC. P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation Illinois EMCASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: CHRISTOPHER KINYON, LISA M ANDERSON, DIANE M HARDING, KELLIE HOGAN, CARLEY ESPIRITU, ERIC A. ZIMMERMAN, ALICEON A. KELTNER, CYNTHIA L JAY, JAMES B. BINDER, BRENT E HEILESEN, BETH M CAIN, ANNELIES M RICHIE, Holli Albers, Jamie L Marques, Amelia G. Burrill, Katharine J Snider, Justin Price, Julie R Truitt its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond: Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire October 10th , 2022 , unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at anytime and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be Sig d for each by their officers as shown, and the Corporate seals to be hereto affixed this 30th day of March 2020 ❑tt R. Jean, ident & CEO Todd Strother,Executive Vice President CO mP epany 1; irman, President Chief Legal Officer & Secretary of •"`s4�= & CEO of Co vies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 = SEAL = _ = 1863 1953r-�- IQWA OW _- SEAL.=K= _ _ SEr�I_ SEAL KATHY LOVERiDGE Cwwn ton Nun'+ W 71rS14aYd9 mil t7ctwcbari0, 24�2 I, James D. Clough, Vice President of the Companies, this Power of Attorney issued pursuant thereto on 30th day of On this 30th day of March 1 2020 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2022. Notary Publ in and for the State oflowa CERTIFICATE do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and March 2020 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _LL! day of+ Vice President 7838 (3-20) 0000000-NA W6340 000 SSE 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." 8/2/22, 7:46 AM Corporations and Charities System BUSINESS INFORMATION Business Name: ROAD CONSTRUCTION NORTHWEST, INC. UBI Number: 602 286 010 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 5851 NE 4TH ST, RENTON, WA, 98059-4857, UNITED STATES Principal Office Mailing Address: PO BOX 2228, RENTON, WA, 98056-0228, UNITED STATES Expiration Date: 04/30/2023 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 04/07/2003 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSTRUCTION REGISTERED AGENT INFORMATION Registered Agent Name: INCORP SERVICES, INC. Street Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES Mailing Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JEFFREY KANYER GOVERNOR INDIVIDUAL RODNEY LEPPA GOVERNOR INDIVIDUAL WAGESTER MATT GOVERNOR INDIVIDUAL GEORGE TUCKER https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 8/18/22, 9:14 AM Washington State Department of Revenue Yhsh'il gton Mate DePartll"lehr OT Re'/-ilLle < Business Lookup License Information: New search Back to results Entity name: ROAD CONSTRUCTION NORTHWEST, INC. Business name: ROAD CONSTRUCTION NORTHWEST, INC. Entity type: Profit Corporation UBI #: 602-286-010 Business ID: 001 Location ID: 0001 Location: Active Location address: 5851 NE 4TH ST RENTON WA 98059-4857 Mailing address: PO BOX 2228 RENTON WA 98056-0228 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Filter Endorsements held at this loc License # Count Details Status Expiration dat First issuance Bothell General Business - 7810 Active Apr-30-2023 Jun-09-2021 Non -Resident DuPont General Business - 5603 Active Apr-30-2023 Jul-22-2021 Non -Resident Federal Way General Active Aug-31-2023 Aug-11-2022 Business - Non -Resident Issaquah General Business Active Apr-30-2023 Sep-28-2011 - Non -Resident Kirkland General Business - OBL27895 Active Apr-30-2023 May-04-2018 Non -Resident Minor Work Permit Active Jul-31-2023 Jul-20-2022 https:/tsecure.dor.wa.gov/gteunauth//#3 1/3 8/18/22, 9:14 AM Washington State Department of Revenue Endorsements held at this loc License # Count ueiaus Expiration dal First issuance Mukilteo General Business Active Apr-30-2023 Jan-07-2021 - Non -Resident Redmond General Business RED04-000091 Active Jan-31-2023 Jan-24-2022 - Non -Resident SeaTac General Business - Active Apr-30-2023 Jun-27-2019 Non -Resident Sumner General Business - Active Apr-30-2023 Jan-12-2021 Non -Resident Tukwila General Business - Active Jan-31-2023 Jan-18-2022 Non -Resident Governing People May include governing people not registered with Secretary of State Governing people Title KANYER, JEFFREY M LEPPA, RODNEY MATT, WAGESTER TUCKER, GEORGE Registered Trade Names Registered trade names Status First issued METAL WORKS NORTHWEST Active Jul-07-2005 R C N W Active Aug-02-2011 RCNW Active Apr-11-2003 ROAD CONSTRUCTION NORTHWEST, INC. Active May-01-2019 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 8/18/2022 9:13:52 AM https://secure.dor.wa.gov/gteunauth/_/#3 2/3 8/18/22, 9:14 AM Washington State Department of Revenue Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#3 3/3 .�'"l�Ir►4n r 3 �aY4' q?�1 Ipd3 STATE OF WASHINGTON BUSINESS LICENSING SERVICE Thank you for filing online Our processing time generally takes up to 10 business days. Some endorsements may take more time for state or city approval. You will receive your business license with approved endorsements in the mail. An updated business license will be mailed to you when additional endorsements are approved. Confirmation Number: 0-028-228-254 Filing Date and Time: 08/11/2022 12:54:01 PM Payment Method: ACH Debit/E-Check Business Entity Information Entity Type: Corporation Name of Entity: ROAD CONSTRUCTION NORTHWEST, INC. AccountlD: 602286010-001-0001 Firm Name: ROAD CONSTRUCTION NORTHWEST, INC. Endorsement(s) Applied For Begin End Federal Way General Business - 08/11/2022 08/31/2023 Non -Resident Fee Type BLS Processing Fee Begin End 08/11/2022 Count Fee 1 $81.00 $81.00 Count Fee 1 $0.00 $0.00 Grand Total: $81.00 txL0004 Client#: 105477 MCCACONS2 DATE (MM/DDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 8/11/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAAAEACT Trisha Hankey Propel Insurance PHONE 800 499-0933 FA 866 577-1326 AIC, No, Ext : iA1C. No 601 Union Street; Suite 3400 ADD TRESS, trisha.hankey@propelinsurance.com COM Construction INSURER(S) AFFORDING COVERAGE NAIC # Seattle, WA 98101-1371 INSURER A: The Phoenix Insurance Company 25623 INSURED Road Construction Northwest Inc P.O. Box 2228 Renton, WA 98056 INSURER B : Travelers Indemnity Co of Connecticut 25682 INSURER C : Homeland Insurance Company of New York 34452 INSURER D : F: CAVFRAnFR CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IX LTR TYPE OF INSURANCE ADO POLICY NUMBER MM/DD/YE(PYY MM/DD/Y LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE � OCCUR PD Ded: $5,000 C0527D3347PHX22 D5/15/2022 05/15/2021 EACH OCCURRENCE $1 000 000 PRpEMISS Rae ume' . 5300 000 X MED EXP (AnX. one person) $10 000 _ PERSONAL & ADV INJURY $1 00O 000 L AGGREGATE LIMIT APPLIES PER: PRO- POLICYX JECT LOC M'OTHER: GENERAL AGGREGATE 52OOO 000 PRODUCTS-COMPIOPAGG $2000,000 $ A AUTOMOBILE LIABILITY ANY AUTO SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY IX 810ON3757642226 D5/15/2022 05/15/202 I d�.S tM1T 1,000,000 BODILY INJURY (Per person) $OWNED BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acraden! $ $ B X UMBRELLA LIAB I X EXCESS LIAB OCCUR CLAIMS -MADE CUP5J0216682226 C0527D3347PHX22 WA Stop Gap 35/15/2022 05/15/2023 EACH OCCURRENCE s5,000,000 AGGREGATE 55 OOO,OOO DED I X RETENTION $1 O 000 i $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N QFFIPCFiOOIMEMBOERNEkC NF-F;U XECU�E� (Mandatory in NH) If yes, describe under LIESCRIPTION OF OPERATIONS below NIA D5/15/2022 05/15/202 OTH- PER T X ER E.L- EACH ACCIDENT $1 OOO 000 EL_ DISEASE- EA EMPLOYEE 0,000,000 E.L. DISEASE -POLICY LIMIT . $1 ,000 000 C Pollution Liability 79333390004 D511512022 05115/202 $3,000,000 $5,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: CFW #34288 Annual Pipe Rehabilitation Phase 4 (2022) City of Federal Way and its officers, elected officials, employees agents, and volunteers are named as an Additional Insured, per the attached. L AN L.0 LLFI City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE �V ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S53824461M5204285 TT00