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HomeMy WebLinkAboutPK04-363 - Original - Summit Central Construction, Inc. - Centennial Garage Seismic Retrofit - 10/25/2004 ecords M eme KENT Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, 9 you have questions, please contact City Clerks Office. Vendor Name' t L kA; !!±-� �,C CJ Vendor Number: 22 JD Edwards Number Contract Number, TOK.o�I' 3 J This is assigned by Deputy City Clerk Description:.e—W' y V, a A 0:>CA .%f CA,� �P L S U►n G IC s© � Detail: Project Name: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: �.,,.�Le �-,U Department: V"/ Abstract: S*Pubhc\RecordsManogement\Forms\ContractCover\ADC17832 07102 CONTRACT THIS AGREEMENT, made in triplicate is entered into between the CITY OF KENT, a Washington Municipal Corporation("City"), and Summit Central Construction, Inc. Hereinafter called the Contractor. WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: 1. The Contractor shall do all work and furnish all tools,materials, and equipment for Kent Centennial Parking Garage Seismic Retrofit and Strengthening in accordance with and as described in the attached specifications and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Unless otherwise directed by the City, work shall start within ten (10) days after Notice to Proceed and be completed in 210 calendar days. The City shall suffer damages if said work is not completed within the time specified. Therefore, the Contractor agrees to pay to the City liquidated damages in accordance with Section 1-08.9 of the Standard Specifications, as may be modified by the Kent Special Provisions. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the CITY OF KENT. 2. The CITY OF KENT hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the s ame a ccording t o t he a ttached p lans a nd specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the CITY OF KENT by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising o ut o f o r i n c onnection w ith t he performance of this contract, except for injuries and damages caused by the sole negligence of the City. r I Project NameKent Centennial Garage,Seisnuc 1 October 13,2004 Project Number:42004 Saved as:SuncmutParkingSeisnuc CONTRACT PAGE TWO The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the CITY OF KENT for inspection, review, photocopying and audit in the event of a contract related dispute,c laim,modification or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the CITY OF KENT. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the CITY OF KENT. (SIGNATURES ON FOLLOWING PAGES) Project NarneKent Centennial Garage Seismic 2 October 13,2004 Project Number:42094 Saved as:Sun:mitParlungSeisnuc CONTRACT PAGE THREE IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: TE, MAYOR DATE: A� " `Q ATTEST: BRENDA JACOBER, CITY C RK APP VED AS TO FORM: T (�RNI CONTRACTOR BY: TITLE DATE: AD• < o�'/ WITNESS, if INDIVIDUAL OR PARTNERSHIP: Project NameKent Centennial Garage Seismic 3 October 13,2004 Project Number:42004 Saved as:SumnmtParkingSeismic CONTRACT PAGE FOUR STATE OF WASHINGTON) ) ss COUNTY OF KING n this I day of 200 before me personally appeared 11Wm1Lr1+- and to me known to be ' `-� '�' and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. ft o4P M d m� Notary Public in and for the State �0— of Washington,residing at Project NameKent Centennial Garage Seismic 4 October 13,2004 Project Number:42004 Saved as:SummitParkmgSeisnuc e 2B'° BIDDER'S NAME ��n/Sim ��, i'�G• CITY OF KENT el 16l KING COUNTY,WASHINGTON BID DOCUMENTS FOR Kent Centennial Parlung Garage Seismic Retrofit and Strengthening BID ACCEPTED UNTIL September 9,2004 10:00 A.M. BID OPENING September 9,2004 10:15 A.M. AT CITY OF KENT CITY HALL KENT,WASHINGTON Charles Lindsey Facilities Superintendent KENT WASH/NOTON Paget Bid Documents Provided to Builders Exchange of WA, Inc.For usage Conditions Agreement see www.bxwa.com ORDER OF CONTENTS FOR BID PACKAGE Call for Bids Declaration—City of Kent Equal Employment Opportunity Policy Administrative Policy 1.2—Minority and Women Contractors Bid Form and Signature Sheet Subcontractor List Statement of Bidder's Qualifications Bid Bond Form Sample Contract Sample Insurance Requirements Combined Affidavit& Certification Form: Non-Collusion,Minimum Wage(Non Federal Aid) Bidders Check List 'age 2 Order of Contents for Bid Package 'rovided to Builders Exchange of WA, Inc.For usage Conditions Agreement see www.bxwa.com CALL FOR BIDS Notice is hereby given that the City of Kent, Washington,will receive sealed bids at the City Clerk's office through September 9, 2004 up to 10:00 A.M. as shown on the clock located on the East Wall City Ckrk's Ofliee first floor of Kent City Hall, 220 0 Avenue South, Kent, Washington. All bids will be opened and read publicly aloud at 10:15 A.M. for the City of Kent project named as follows: Kent Centennial Parking Garage Seismic Retrofit and Strengthening The projects consists of Installation of steel braced frames with Fluid-viscous Dampers;epoxy grout crack injection, retrofit of fiber-reinforced plastic at level 2 ramp;and retrofit of concrete at selected locations. The Engineer's estimated range for this project is approximately$320,000. For technical questions, please call Darrell Staaleson P.E.,Staaleson Engineering,P.C. (253) 520-0388 Pre-bid Walicthrough: A pre-bid walkthrough meeting will be held at the site,400 W. Gowe,Kent for all interested parties on Thursday September 2, 2004 at 10:00 AM. Bid documents will be available at walkthrougli or may be obtained by contacting City of Kent Facilities(253)856-5080. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 0 Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles will be considered. Each bid shall be in accordance with the specifications and other contract documents now on file in the office of the City Engineer,City of Kent, Washington. Copies of the Specifications and Special Provisions may be purchased at a non- dable cost of S35.00 for each set. A cashier's check,postal money order or surety bond in the amount of 5%of the bid is required. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously Performed work subject to the President's Executive Order No. 11246. No bidder may withdraw his/her bid for a period of ixt (60)days after the day of bid opening. Dated this 8 a day of i' - 2004. If BY: J ,City Clerk Published in South County Journal on August ,and September 2,and 7,2004 Daily Journal of Commerce on August 30,and September 2,and 7,2004 Page 3 Call for Bids Provided to Buffers Exchange of WA, Inc.For usage Conditions Agreement see www.bxwa.com DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color,national origin,age,or the presence of all sensory,mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. By signing below,I agree to fulfill the five requirements referenced above. Dated this 664 day of G L 1&Me ,2004 By: For.• iEfr� STML4 Title: C�ezr l lr^- 1 Date: _ A 1Al 04 Page 4 Dec:laration,City of Kent Equal Employment Opporhmity Poky Provided to Builders Exchange of WA, Inc.For usage Conditions Agreement see www.bxwo.corn i CITY OF KENT ADMllvISTRATIVE POLICY NUMBER: 1.2 EFFECTTVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and,if holding contracts with the City amounting to $10,000 or more within any give year,must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal,state and local laws,policies and guidelines. 'age 5 City of Kent Administrative Policy 'rovided to Builders Exchange of WA,Inc. For usage Conditions Agreement see www.bxwa.00m I BID FORM Project: Kent Centennial Parking Garage Seismic Retrofit and Strengthening 400 W. Gowe Kent,Washington 98032 Consultant: Staaleson Engineering,P.C. 10024 SE 24&St. Suite 230 Kent,Washington 98031 (253)520-0388 Contact: Darrell Staaleson To the City of Kent, Having carefully examined the Drawings and Project Manual prepared by Staaleson Engineering,P.C. dated August,2W4. AA I/WE(name) � L U M M �7" eW1)W- egAl 5/. 0 have examined the site at 400 W. Gowe,Kent, and correlated the drawings to the site and understand the present conditions as well as the requirements of the Construction Contract,and propose to furnish all labor and materials j for the Kent Centennial Parking Garage Seismic Retrofit and Strengthening In submitting this Bid,I agree: 1.To hold my Bid open until thirty(30)calendar days after the actual bid opening. 2. To enter into and execute a contract,if awarded on the basis of this bid,on City of Kent Public Works Agreement,and to famish proof of insurance as required by the project document. 3.To complete the work in accordance with the Project Documents. 4. That the Owner has the right to waive any informalities in the bidding or to reject any or all bids. LUMP SUM BASE BID Basic Bid for the complete contract as per plans and specifications,the lump sum of dollars(S 3e�eZ g0�• ado J.DO NOT INCLUDE SALES TAX SL4*tOt tf Ct;Ni' CyVLw-,i 1 wL 400 L q U M hue 'a ct Bidder Address C-Numto-wt i- qrozz 'si city state zip "t t�f.� ��oC1 —�7�s- �j�dC� G��,►.�r�C1' ©33'J' � Title Telephone Washington State Registration No. Receipt of Addenda p numbered _through is hereby acknowledged. The Project construction time shall be 2 D consecutive days from Notice to Proceed until Substantial Completion is achieved. END OF BID FORM Page 6 Bid Forth Provided to Builders Exchange of WA,Inc.For usage Conditions Agreement see www.bxwo.com SUBCONTRACTOR LIST Prepared in Compliance with RCW 39,30.060 Pursuant to RCW 39.30.060, list each subcontractor that shall perform the following listed subcontract work amounting to more than 101/6 of the total bid contract price, less applicable sales tax. List each bid item to be performed by each designated subcontractor in numerical sequence. This subcontractor list must be fully completed, signed and delivered no later than the time for bid opening. If no subcontractors will be performing 109/o of the work, indicate this by writing "None" and signing this form. PROJECT NAME x L-► � tG-sc� J c �E�RDF7T C- S CONTRACTOR'SIGNATURE —' Subcontractor Name Swar,::� Item Numbers dr yONC , Subcontractor Name Q� Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Page 7 Subcontractor List Provided to Builders Exchange of WA,Inc.For usage Conditions Agreement see www.bxwa.com STATEMENT OF BIDDER'S QUALIFICATION To be filled in by the Bidder. Each contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information: The City will use information offered by the Bidder in this Statement as a significant factor in determining whether the Bidder is responsible and able to perform the contract work. This data sheet must be included in and made a part of these Bid Documents. I. NameofBidder: 4 7-74*wiy L� IrtimG C�w;i G. r TI - 2. Business Address: U T-W kw t-7 G �u���� � c�• aY�2 3. How many years have you been engaged in the contracting business under the present firm name? tZ 4. Contracts now in hand. Gross amount: S 3,V 7 Cal i q 4 5. General character of work performed`(by your company: G~w< &72-`Vt-Z- CWVea;r1 "t-Tlb 1,-( MO-W P-CVKcA C--L . 6. List several recent construction projects completed by your company, including approximate costs and name and phone number of Project Engineer or Owner: 7. List your major equipment: QVFU C''rj4it.ElLS 4, `�Z"i"t) 'L 1 T'� S& l 4- T-&%A(-KS , MC9?&%CA-T �ttCr4V�ty2, l.t`f t[mot T4 *b gm* -I-Rprt t'sc 12 S. Bank references: y L k ma z /E 11 A-r-t oyNnh-C.- k- LWI hiA(Z.Vj ; V JA 9. Bonding Company: TfLAU t;'( 61- -- S 1 M S vtRAy%JL G C y L,A-L,(-A(..Vre-M (,o t\(L7rYU4 cT t 04 % m1f 1 Gf Page 8 Statement of Bidders Qualifications Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com Summit Central Construction, Inc. Last 9 years Completed Projects Prime Contractor for all projects listed YTitle:Kentridre High School Performing Arts Remodel Kent School District Contract Amount: $256,965 27922 181"Ct E Completion Date: 1995 Kent,WA 98031 Architect: Erickson McGovern Architects David Head: (253)531-0206 Work Performed by own forces: 45% CSI: 1,2,3,5,6,7,10,12 >7"Ide. Videoendosconic Surrery Center Mr. Don Romain Contract Amount: $807,075 University of Washington Completion Date: 1996 1600 San Juan Road Seattle,WA 98195 (206)543-4673 Architect. The Miller Hull Partnership Norm Strong: (206)682-6837 Work Performed by own forces:40% CSI: 1,2,5,6,7,8,10 ►Title. Ozone Production Buildinr U.S.Dept. of Fish&Wildlife Contract Amount: $305,182 Completion Date: 1996 Architect: Calvin Jordan Associates, Inc. Garry D. Moore: (425)643-3123 Work Performed by own forces:60•0 CSI: 1,2,3,5,6,7,8,10 Page 2 SCCI emploNd prefect >Tide: Tacoma Public Ut Lggs Adman. Blds Lobby Remodel Mr. Okezie Imo Contract Amount: $4649345 City of Tacoma Completion Date: May 1997 3628 S. 35`h St. Tacoma,WA 98409 (253)502-8315 Architect: BCRA Architects, Inc. Work Performed by own forces.50% CSI: 1,2,3,6,7,8,10 >Tttle: Otto Fuel Exhaust Gas Afterburner Department of the Navy Contract Amount: $624,900 Mr.Tim Couch: (360)396-6842 Completion Date: 1997 Architect.N/A Work Performed by own forces:25% CSI: 1,2,5 >Title:Enumclaw High School Auditorium Remodel Mr. Will Samuelson Contract Amount: $904,925 Enumclaw School District Completion Date: September 1998 2929 McDougall Ave Enumclaw,WA 98022 (360)825-0072 Architect. Burr Lawrence Rising+Bates Architects, P.S. Mr.Jim Kuhlman: (253)627-5599 Work Performed by own forces:S2% CSI: 1,2,3,5,6,8,10 >Tide:Frances Haddon Morgan Center Phase 213 Remodel Mr. Michael Maher Contract Amount: $1,348,827 Department of Social and Health Services Completion Date: July 1998 PO Box 41012 Olympia,WA 98504 (360)902-7272 Architect: Erickson McGovern Architects Mr. Steve Storaasli: (253)531-0206 Work Performed by own forces:S2% CSI: 1,2,3,5,6,8,10 Page 3 sCCI cmpkted project >Tide.Terminal Park Elementary School Remodel Auburn School District Contract Amount: $8999032 Mr.Randy Thomas: (253)931-4826 Completion Date: 1999 Architect:The Tsang Partnership, Inc. Mr.David Seifert: (253)272-9383 Work Performed by own forces:45% CSI: 1,2,3,5,6,8,10,11 >1 itle:McChord AFB G17 Flight Simulator Buildine Mr. Jeff Juel Contract Amount: $2,352,195 Department of the Army Completion Date: October 1998 PO BOX 92146 Tillicum,WA 98492 (253)984-2531 Architect:Seattle District Corps of Engineers Work Performed by own forces:45% CSI: 1,3,5,6,8,10 Title:Northwest Center For Cosmetic Dentistry Dr. Frank Sioda Contract Amount: $218,764 7402 Custer Road W Suite A Completion Date: December 1998 Lakewood,WA 98499 (253)471-2222 Architect:The Tsang Partnership, Inc. Ms. Barbara Brandt: (253)272-9383 Work Performed by own forces:55% CSI: 1,2,3,6,8,10 >7"Ide:Messiah Lutheran Church Sanctuary Remodel Pastor Joe Dillon Contract Amount: $80,000 4a'&H Street NE Completion Date: December 1998 Auburn,WA 98022 (253)833-7799 Architect: Tres West—(253)472-3300 Work Performed by own forces:80'010 CSI: 1,2,3,6 ' r Page 4 SW complaMd profece >Title:Ballard Boys& Girls Club Remodel Mr. Daniel Johnson Contract Amount: $619,224 Boys&Girls Clubs of King County Completion Date: September 1999 107 Cherry Street Seattle, WA 98104 (206)161-3890 Architect: Rolluda+Scott Architects Mr. Alex Rolluda: (206)343-7157 Work Performed by own forces:52% CSI: 1,2,3,5,6,8,10 >Titk. Enumclaw Police Station Remodel Mr. Lindsey Winborn Contract Amount: $751,465 City of Enumclaw Completion Date: December 1999 1309 Myrtle Ave Enumclaw,WA 98022 (253)825-3593 Architect: Thomas Cook Reed Reinvald Architects Mr. Greg Benton: (253)572-3993 Work Performed by own forces:50% CSI: 1,2,3,5,6,8,10 >Title: Washington State Correctional Center Storaze&Inpatient Remodel Department of Corrections Original Contract: $762,658.00 Construction Manager: M.A. Mortenson Completion Date: January 1999 Contact: Geri Urbas: (425)895-9000 P.O. Box 1867 Bellevue,WA 98009 425-895-9000 Architect:N/A Work Performed by own forces:45% CSI: 1,2,3,5,6,8,10 Page S SCCI compkted project ►Title: Clover Park Technic[Como Bldp 18& 22 Remodel Owner: Clover Park Technical College Contract Amount: $706,961 4500 Steilacoom Blvd. S.W. Completion Date: May 1999 Lakewood,WA 98499 Hultz&Associates Brian White 506 South 1 lth Street, Suite 2 Tacoma,Washington 98402 (253)383-3257 Architect:Erickson McGovern Architects Mr. Phillip Hill: (253)531-0206 Work Performed by own forces:40% CSI: 1,2,5,6, ►Title: Washlnwon Corrections Center Improvements Owner: Department of Convections Contract Amount:$1,456,323 PO Box 41112 Completion Date: October 1999 Olympia,WA 98504 360-7534506 Construction Manager: Absher Construction Co. Dan Helling: (253)845-9544 Work Performed by own forces:50% CSI: 1,3,6,8,10 "Title.Boren School Renovations Seattle School District Contract Amount: $1,118,768 4141 Fourth Avenue South Completion Date: January 2000 Seattle,WA 98134 (206)298-7662 Architect:Waldron Akira Architecture Mr. Gene Thompkins: (206)285-7700 Work Performed by own forces:25% CSI: 1,2,5,6,8 Page 6 SCCI completed project ►Title:Inn at the Market Hotel Room Renovations Market Place Centers,Ltd. Contract Amount: $1,022,256 86 Pine Street Completion Date: March 2000 Seattle,WA 98101 (360)443-0757 Architect. BCRA Ms. Kela Crisp(253)627-4367 Work Performed by own forces:55a/o CSI: 1,2,6,8,10 >Title. Central Avenue Elementary School Mr. Max Freudenstein Contract Amount: $2,432,755 Franklin Pierce School District#402 Completion Date: September 2000 315 120 ST South Tacoma,WA 98444 (253)535-9899 Architect. Erickson McGovern (253)531-0206 Work Performed by own forces:45% CSI: 1,2,3,5,6,8,10 7►77de. VA Medical Center Bill W. Thompson Contract Amount: $965,000.00 Department of Veterans Affairs Completion Date: September 2000 9600 Veterans Dr. Tacoma,WA 98493 (253)589.4027 Architect:Mills, John,and Rigdon, Inc (206)624-0410 Work Performed by own forces:45% CSI: 1,3,5,6,8,10 .R R Page 7 SCa completed project >Title:Shoreline School Dist dg Printshon/Maintenance Shoo Contract Amount: $949,102.00 Shoreline School District Completion Date: October 2000 18560-l"Ave N.E. Shoreline,WA 98155 (206)361-4241 Architect: CMB (206)545-7331 Work Performed by own forces:53% CSI: 1,2,3,5,6,8,10 ►Title. Westwood Elementary School Jerry Boerger Contract Amount: $1,986,995.42 Enumclaw School District Completion Date: February 2001 2929 McDougall Ave Enumclaw,WA 98022 (360)802-7244 Architect: BLR+B, Les Gerstman (253)627-5599 Work Performed by own forces:48% CSI: 1,3,5,6,8,10 ]►Title: The Everereen State College Nancy Johns Original Contract: $1,450,389.95 Evergreen State College Completion Date: May 2001 1254 Lab II Building Olympia, Washington 98505 (360)866-6000 Architect: Buffalo Design,Chris Carlson (206)467-6306 Work Performed by own forces:45% CSI: 1,2,3,6,8,10 Page 8 scaC0AWi fedPNje0 Title:Kitsay County Jail Fazndon Kitsap County Contract Amount: $1,566,100 JE Dunn, Construction Manager Completion Date: June 2001 620 Taylor St. Port Orchard,WA 98366 (503)978-0800 Architect.-Kaplan,McLaughlin,Diaz,Inc. Mr. John Paape Work Performed by own forces 25% CSI:1,3,6,8 Title.James Sales Elementary School Contract Amount:$3,250,700 Mr. Max Freudenstein Completion Date: Oct. 2001 Franklin Pierce School District 315 129"'St.W. Tacoma,WA 98444 (253)535-9899 Architect:Erickson-Mcgovern Mr. Richard Rochkovsky (253)531-0206 Work Performed by own forces 35% CSI: 1,3,5,6,8,10,11 Title:Pierce County Facility Msm . Contract Amount: $1,208,350 Mr. Scott Hogman Completion Date: Nov.2001 Pierce County 930 Tacoma Avenue S Tacoma, WA 98402 253-798-6183 Work Performed by own forces 20% CSI:1,2,5,6 Page 9 SCCI eompleted project Title:Sunset Chevrolet Contract Amount: $619638.00 W.Tony Booth Completion Date: April 1,2002 Sunset Chevrolet 910 Traffic Ave Sumner,WA 98390 (253) 863-8144 Architect:The Ronhovde Architects, Inc. Les Seifert(425)656-0500 Work Performed by own forces 60% CSI:1,2,3,5,6,8,10 Title:Sikes Lake Bridge King County Department of Transportation Contract Amount: $79,765.00 201 S. Jackson St Completion Date: August 2002 Seattle,WA 98104 Architect:N/A Work Performed by own forces: 100% CSI: 1,2,5,E Title:Pierce County Fire District#S Maintenance Facility Pierce County Contract Amount: $1,519,781.00 Mike Cameron Completion Date: February 2003 10222 Bujacich Rd NW Gig Harbor,WA 98332 (253)851-9606 Architect:Rice Fergus Architects Ed McManamna(360)377-8773 Work Performed by own forces: SS% CSI: 1,3,5,6,8,10 Page 10 SM compla d projed Title:Algona Transfer Station RoofRenlacement King County Contract Amount: $ 193479183.00 James Chu Completion Date: November 2002 Professional and Constr. Svs, 8th Fl Mail Stop EXC-FI-0825 821 Second Avenue Seattle,WA 98104 (206)684-1981 Architect: R.W. Beck Steve Baumgart (206)695-4692 Work Performed by own forces:25% CSI: 1,3 Title: Centralll'itsan Fire&Rescue Station 41 Central Kitsap Fire&Rescue Contract Amount: $2159515.00 Asst. Chief,Roy Lusk Completion Date: February 2003 5300 NW Newberry Hill Road Suite 101 Silverdale, WA 98383 Architect: Rice Fergus Arch Bob Miller-Rheas(360)377-8773 Work Performed by own forces: 55% CSI: 1,2,3,6,10 Title: Western State Hospital Building Six Seismic Reows Department of Social&Health Contract Amount: $829967.00 Western State Hospital W27-19 Completion Date:January 2003 9601 Steilacoom Blvd SW(07-550) Tacoma,WA 98498-7213 Architect. Buffalo Design Chris Carlson(206)467-6306 Work Per by own forces: 70% CSI: 1,2,3,5,E Pae 11 SCCI eoauplefdPgjea Title: CQDitol Hill Library Seattle Public Library Contract Amount: $3,744,742.00 800 Pike Street Completion Date: May 2003 Seattle,WA 98101 (206)386-4173 Architect:Johnston Architects Marc Pevoto (206)523-6150 Work Performed by own forces:32% CSI: 1,3,6,10 >Titk. Inn at the Market Hotel Suite Renovadons Market Place Centers, Ltd. Contract Amount: $331,467.00 Jack Dooley, General Manager Completion Date: February 2003 86 Pine Street Seattle, WA 98101 (206)443-0757 Architect: BCRA Ms. Kela Crisp(253)627-4367 Work Performed by own forces:55% CSI: 1,2,6,8,10 >7"Ide. Van Ass—ch.Alki&Sanislo Elementary Schools Van Asselt Elementary School Contract Amount: $717,456.00 7201 Beacon Ave Completion Date: September 2003 Seattle,WA 98108 Alki Elementary 3010 59`h Ave SW Seattle,WA 98106 Sanislo Elementary 1812 SW Myrtle Street Seattle,WA 98106 Architect: Donald King Architect Rico Quirindongo,206.443.9939 Work Performed by own forces:55% CSI: 1,2,3,6,& 8 ►Title.Laurelhurst&LgweA&wS ary School Laurelhurst Elementary School Contract Amount: $490,800.00 4530 46`b AVE NE Completion Date: September 2003 Seattle,WA 98105 Lowell Elementary School 1058 East Mercer Street Seattle,WA 98102 Architect: BCRA David Seifert 253.627.4367 Work Performed by own forces:30% CSI: 1,2,3,5,6,& 10 >Tide.Ali ona Transfer Station Safety Improvements King County Contract Amount: $924,582.40 Dwin Ugwoaba,Project Manager Completion Date: In Progress King County Solid Waste Division 201 South Jackson Street, Suite 701 Seattle,WA 98104 206-296-4420 Engineer: Robert Wright,P.E. 206-623-6324 Work Performed by own forces: 35% CSI: 1,2,3,6,8,10 ]► Title: Vashon Library Tenant jimprovement King County Library System Contract Amount: $ 178,000. Bob Johnson, Project Manager Completion Date: December 2003 960 Newport Way NW Issaquah,WA 98027-2702 Work Performed by own forces:35% CSI: 1,2,3,6,10 - >Title:Bellevue Botanical hewing Pavilion City of Bellevue Parks &Community Contract Amount: $ 106,698.760 Christine Kelly Completion Date: November 2003 P.O. Box 90012 Bellevue,WA 98008-9012 425-452-4176 Ensineer: Perbix Bykonen Todd Perbix,206-264-7784 Work Performed by own forces: 90% CSI: 1,2,3,E >Tide. Fall City Fire Station Fall City Contract Amount: $ 1,896,929.00 Chris Connor, Fire Chief Completion Date: In Progress 4301 334th Place Fall City,WA 98024-0609 425-222-5841 Architect. Architects Rasmussen Triebelhorn Dan Cody: 253.572.5511 Work Performed by own forces: CSI: 1,2,3,5,6,8,10 YThk. Meridian Jr.Hirh School Kent School District Contract Amount: $988,000 John Ovitt Completion Date: In Progress 12033 SE 256`h Street,Bldg B Kent,WA 98030-6643 253.373.7144 Architect: Reed Reinvald Architect Gretchen Massee—253.572.3993 Work Performed by own forces: CSI: 1,2,3,5,6,10 >Title:Montlake.McQWra,MaawNova Alt Schools Seattle School District Contract Amount: $1,047,650.00 Greg Hough Completion Date: In Progress 2445 P Ave S Seattle,WA 98134 206.252.0571 Architect: Donald King Architects Brent Bird—206.443.9939 Work Performed by own forces: CSI: 1,2,3,5,6,10 "THIS LIST DOES NOT CONTAINAM PROJECTS COMPLETED BY SCC1 ADDITIONAL LIST OF COMPLETED JOBSAYAILABLE UPON REQUEST** SEP13-2004 FRI 03: 18 PM SUMMIT CENTRAL CONST• FAX No. 3608253797 ' P. 003 BID BOND FORM KNOW ALL MM BY THBSE PRESENTS: .that we Summit Central Construction, Inc. as Principal, and Travelers Casualty and Surety Compar►y of America as Surcty, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of 5% of the lbtal ant of Bid* Dollars, for the payment of the which the Principal and the Surety bond themselves, their heirs, executors,administrators,successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make auy award to the • Principal for Kent Centennial Parking Garage Seismic Retrofit and Strengthening According to the terms of the proposal or bid made by the Principal therefor,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 damaged,the amount of this bond. SIGNED,SEALED AND DATED THIS 9th DAY OF September 2004 Summit Centr 1 ction, 'Inc. By: PRINCIP Wa Gilthvedt, ^reside.t Travelers ty and Surety Company of America By: SURETY Guida McClain Attorney-in-Fact 2003. Received return of deposit in the sum of S -- Bid Bond For Jf P r P I V P d T I m P-C P D . 1.. 1: 14 P ila TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 061839062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly o rganized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies') hath made, constituted and appointed, and do by these presents snake, constitute and appoint Elizabeth A. Whitt, Marie Poulin, Michael R. Highsmith, Susan J. Hudson, Guida McClaln, of Tacoma,Washington, their true and lawful Attomney(s)-m-Fact,with full power and authority hereby conferred to sign, execute and acknowledge,at any place within the United States,the following instnmment(s): by his/her sole signature and act,any and all bonds, recogmmizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President any Vice president,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fad and Agents to ad for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,aby Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,connect of indeam%or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairneo,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-m-Fad and Agents pursuant to the power prescribed in his or her certificate or their axtificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution Is now in fall force and effect: VOTED: That the signature of each of the following officens: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and mrdatakiags and other writings obligatory in the nature thereot;and any such power of attorney or certficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cati5ed b such facsimile a i a b' with an or y rgnature and facsimile seal shall be valid and binding upon the Company in due future vtn respect to y bond undertaking to which it is attached. Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 263 2002, President Bush signed into law the Terrorism Risk -Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused -- _'by certain act�; �f irttemational terrorism:-V1We--are providing you - --. __ with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government - or ah insurer can be responsible at $9 00,000,000,000.00;- provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall -premium, and is no more than one percent of your premium. City of Kent Combined Afltdavit&Certification Form: Non-Collusion,Mbimam Wage(Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or Houle in the interest or on behalf of any person not therein named,and f ether,that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR; NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT // CCP/TGFAy A*f- ��►2/�//yG� + <M��w f J01Zi U SMOa L/ 7hWOA(67 NAME OF PROJECT 44+a W cr I'ntY K CowsT'2u4r7o.✓ f 1A,14 NAME OF BIDDER'S FIRM SIGNATURE AUTH D REPRESENTATIVE OF BIDDER Subscribed and sworn to before we this day SPAY Notary Pn lic i d to asbington, residing a 'age 26 Combined Affidavit&Certification Forth:Non-Collusion, Minimum Wage(Non-Federal Aid) 'rovided to Builders Exchange of WA, Inc.For usage Conditions Agreement see www.bxwa.com BIIIPMS CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidders Name............................fB� Table of Contents Call for Bids............N.................N...N.....„.......„............................NN..NN.N.......„...1 Contractors Compliance Statement..N,..N»N„....„...N..................... ................. � Date N..N.NNN.N.....».N.»IN..N..NN...i,.N..N.N.NN.NN..........NN..„..,M.....NN.N.„NM.� a♦ ave not acknowledgment..N.N..NN.NN„..................NNNINN.............1—.. 'Slina ture and address• ..N„...NN......NN.N».....NN N.N.........NN................. Proposal..N.N.NN»..N.N..N...N..NN.„N..M.NI...MNNN...»..1N.M....M.N.......M.NN...Y.NN.........W First One of proposal—filled in»N...NN.»...«»»........„...„.N..........................3,0� Unit ricer are correct and written in words........„........„...„.................® Subcontractors Listing '...N......„....N.......NN..N.«...«.»..«...N...N...«........................V Subcontractors listed properly.»...N..N..1..........N N......N.».INN. ................. ,.,,/ Signature..N..N.NN.NNN.NN..........N.N.N...N...........................NN......NN..NN„.... Statement of Bidder's Qualifications filled out by bidder.......... ................... L� Proposal Signature Page.........„.....N..........»...N...N...„N.....„.„»...»...N.N»...............J1 AilAddenda acknowledged...N..»„,»»N.„...»..N...Y...»„.„...».......................0 Date,signed and addressed»..........„......N.........«.......N.........«N........N........� BidBond Form NNN......NI.NNN.N.N„..„..N.NN.....»N..NN..NNN.....N.N.NM.NN.................NO Signed,sealed and dated...N...NN.NN„.NN.N.NN..N...N„.M.NN...NN.„................ O (Amount of bid shall equal 5%of the total amount bid and shall be shown in both words and figures) Non-Collusion Affidavit N.»...N.....N.1»,NN»....«.N...»..N..»......».NN.N„.»».N......N..Y..O� Signed,dated and notarized.N»NNN.».»,....N.....NN.........N.....„....................CBS Bidder's Checklist........„».....„Y...».NN.N.....»„NN„.„N......N........NN......».............. 13� The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement to be executed by the successful bidder. B) PERFORMANCE BOND To be executed by the successful bidder and his surety company. 'age 27 Bidders Checklist 'rovkled to Builders Exchange of WA,Inc.For usage Conditions Agreement see www.bxwa.eom EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liabilitv insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. 3. Excess Liabilitv insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: i. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail,return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools,machinery, equipment, or motor vehicles owned or rented by the Contractor,or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,including but not necessarily limited to the additional insured EXHIBIT B (Continued) endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ---- OCT-22-2004 FRI 02: 17 PSI SUMMIT CENTRAL CONST. FAX No. 3608253797 P, 002 GIRD_ CERTIFICATE OF LIABILITY INSURANCE °"10122 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIt1KM UPON THE CERTIFICATE Arthur J Gallagher Of NA, Inc. HOLDER.Will CERTIFICATE DOES NOT AMEND,E7MD OR P.O. Box 2925 ALTER THE OOVMWE AFFORDED ISM THE POLICIES BELOW. Tacoma %a 98401-2925 Phone:253-627-7183 iax:253-572-1430 INSURERS AFF0t INQCOVERAGE NAIC0 BgUINiO INwgfAA: BOR ANORL°A° Le�r - Sayer (�j Inc. L49 MER B: Atln CaAM ZRWU oaa Co. 44llotl96thy S.Z. n D, Enumclaw RX 98022 INSUREq E COVER1KiE9 THE POLICIES OF MSURANCE LISTED BELOW HAVEGON W=TO THE ISSURED NAMED ADD"FOR THE POLICY PERIOD INDICATED NOPNITWANDING ANY REQUIREMENT.TERN OR COND TXW CFMY CONTRAOTOR OTHIM DOCUMENT WITN RE`JPB.TTO YAIOH TMBOWTIFICATB MAYBE OWED OR MY PERTAIN.THE WSURANCE AFFORDED BY THE POLICIRS OHICAIBID WAN IIB SUBIECTTO ALL THE TEMIB,614=1 IONS AND CONDITIONS OF SUCH POLICES.AGGRlGATE LIMn&MOWN MAY HAVE BEEN REIXA)BCBY PADCIAW& T POLICY Ia1118@l Limps GEMBRALUANNITY EACHOCCURAENCE it 000 000 A X kXw=MMaPCIkLa8&%kUABUTY P E=52515398 02/01/04 02/Ol/05 s AeA s100,000 Mq OL MADE FX7=W MED EXP(Ary eAA WW) 85,000 mer/Cont Prot. PEPt9 W&ADVk)URY 81,000,000 GENERAL AGGREGATE s2,000,000 GEN1A iSIEOATELMNTAPPLIESPEP, PRDOUCTs-COMROPAw s2 000 000 POLICY X P LOc AUTOMOBILE LMIBBfTY COMBINED SIN13LELIMT B X ANYAUTO SLOS2515398 02/01/04 02/01/05 IF@Oc M 810000,000 ALLOWNED IUTOB BODI,Y INJURY 90HEDULFOAUTOS IP°r mrs s p X HItEOArm BODILYMJURY X NaWMeDAuTw OWWtonn s ND PROPERTY QAMAW s (ParerxBMO BARABE LIABILITY AUTO ONLY-FA ACCIDENT / ANYAUTO OTHER TWN EA ADC I AUTO ONLY: AOG I EXCEB9NSbMELLA UADJUTY EACH OCCURREMS $1 000,000 8 X7OCCUR ©CLAIMSIALDP =052515398 02/01/04 02/01/05 AGGREGATE 11 000 000 I DEDUCTIBLE e X RETENnON s 0 s WOWAM DOWD=.MN AM TRY FA- a EMP�J�PR T NPARTNEREIOS:UTIUTY VE U.MW a nIPL7lLiAB 02/01/04 02/01/05 F-L.EACMAMMT s1,000,000 OTYOERRAUS,eEgiQT(IWDBDT MR5251539a ELDISE11SE-EAEMPLOY s1,000, 00 NUA06 °4 ON9 hoIo. e,L.a8EA9E-POUCYUMrt IS2,000 000 OTHER WOPOPMATIOW1 LOG I lBIQLLBIONB IaOO DY IiPBC1AL PROYISDN3 Rt: Kent Centennial Parking Garage Seismic PAtrofit and Strengthening Certificate Holder is a Primary Additional Insured per C08330 CERTIFICATE HOLDER CANCELLATM CIMMIN SWULDANYOPTHEMOVE OBMCIBBBD POUGMS Be CANCELLED DEMME THE EYPIRATON OATETHBIODF,TNaWBIBIBBIBIgB1MILLBID@AYDRTOWa 30 DAYSWRITEN NOTICE TO TRECFATIFICATE HOLDER NANWTOTIE LQM BUT FXWOF TO DO MO SHALL City of Kent IMPM00 DBLWAXICII OR UABLITY OF ANY KBW UPON THE BBYRIM ITS AGENTS OR 400 W. Gone REPROMINTATMe- Went Rk 98031 A� AOORD 26(200T/W) CACORDCORPORATION IND ACORD EVIDENCE OF PERSONAL PROPERTY INSURANCE OP ID 3 DATE(MM/DDIYYYV) 10 14 2004 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED,IS IN FORCE,AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. AGENCY g'ONErim Ew.- 253-627-7183 COMPANY ANC,N4 253-572-1430 ADDRESS• Travelers Property & Casualty tLuJ agher of ii0►, Inc. One Tower Square, 4CR Hartford CT 06183 CODE. sus CODE: TOMERIDr. SUMMI-4 INSURED LOAN NUMOM POLICY NUMBER QT660 06BOB201 Summit Central CO!nstructa Inc. EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 44110 196th Ave S.E. 11/01/04 1 11/01/05 TERMINATED IF CHECKED Enumclaw VA 98022 THIS REPLACES PRIOR EVIDENCE DATED PROPERTY INFORMATION LOCATIOWDESCRWIM 001 400 W Gowe Kent Centennial Parking Garage Kent UK 98032 COVERAGE INFORMATION COVERAGEMEJULSRKWAS AMOUNT OF INSURANCE DEDUCTIBLE All Risk Builders Risk 351,315 2,500 REMARKS(Including Special COndRIOGS) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD.SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST,IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDRIONALINTEREST NAME AND ADDRESS MORTGAGEE ADDRHONAL INSURED LASS PAYEE R Ownr City of Kent LOAN# 220 4th Ave S. AU<HOR�R13RE8ElITATNVE Kent WA 98032 ACORD 27(2003H0) G ACORD CORPORATION IM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK® This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE Blanket Additional Insured (Owners, Contractors or Lessors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage To Premises You Rent 2 Non-Owned Watercraft 3 Supplementary Payments (Bail Bonds) 3 Personal and Advertising Injury 3 Aggregate Limits (Per Location) 3 Aggregate Limits (Per Project) 3 Voluntary Property Damage Coverage 4 Off Premises Care, Custody or Control Coverage 4 Newly Formed or Acquired Organizations (180 Days Notice) 4 Duties In The Event Of Occurrence, Offense, Claim or Suit 4 Bodily Injury (Mental Anguish) 5 Waiver Of Transfer Of Rights Of Recovery Against Others 5 Medical Payments Increase 5 CG 83 30 07 99 vmvKin copWVtftd meWW of hw"m serves.oaw,kn,wdh es pwm� Page I of 5 Copyn^Vma&w Serwcas Office.Inc INS 1. BLANKET ADDITIONAL-INSURED(Owners,Contractors or Lessors ) WHO IS AN INSURED(Section 11) is amended to include as an Insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or agreement The written contract or agreement must be: (a) currently in effect or becoming effective during the term of this policy, and (b) executed prior to the"bodily injury,""property damage"or"personal and advertising injury" The insurance provided the additional insured is limited as follows 1. That the person or organization is only an additional insured with respect to liability arising out of. a. Real property you own, rent, lease, or occupy; or b. "your work"for that additional insured for or by you. 2. The limits of, insurance applicable to the additional insured are those specified in the written contract or agreement or the limits available under this policy whichever are less These limits are inclusive of and not in addition to the limits of insurance available under this policy 3. The insurance provided the additional insured does not apply to liability arising out of the sole negligence of the additional insured 4. The insurance provided the additional insured does not apply to; a "bodily injury" b. "property damage", c. "personal and advertising injury"or d defense coverage under the Supplementary Payments section of the policy arising out of an architect's, engineer's or surveyor's rendering of or failure to render any profess- sional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys,field orders,change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis 2. FIRE,LIGHTNING,"EXPLOSION"AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A The last paragraph of SECTION I-COVERAGE A.2. Exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in-LIMITS OF INSURANCE (SECTION III) B Paragraph 6 of SECTION III -LIMITS OF INSURANCE is replaced by the following: 6. Subject to 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident C. Paragraph 4.b(I)(b)of Other Insurance, SECTION IV-CONDITIONS is replaced by the following: (1) That is Fire, Lightning, "Explosion" or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner, D. Paragraph 9.a. of. the definition of INSURED CONTRACT under SECTION V- DEFINITIONS is replaced by the following a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract', CG 83 30 07 99 Includes copyrighted material of Insurance services Office,Inc.,with Its permission. Page 2 of 5 Copyright, Insurance Services office,Inc.1995 E. The following definition is added to SECTION V- DEFINITIONS: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a burst- ing forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone Explosion does not include any of the following 1 artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2 rupture or bursting of water pipes; 3 explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control, or 4. rupture or bursting caused by centrifugal force 3.NON-OWNED WATERCRAFT Paragraph g(2)of SECTION I -COVERAGE A,2. Exclusions is replaced by the following: (2)A watercraft you do not own that is. (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4.SUPPLEMENTARY PAYMENTS In the SUPPLEMENTARY PAYMENTS-COVERAGES A AND B provision: The limit f or the cost of bail bonds in paragraph 1.b is changed from$250 to$1000 5. PERSONAL AND ADVERTISING INJURY Paragraph 14.b., d. and e. of SECTION V-DEFINITIONS is replaced by the following b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services, e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; Subparagraph a.(2) and a(3) of Paragraph 2, Exclusions of Section I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY are replaced by the following: 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury" (2) Arising out of oral, written, televised, videotaped or electronic publication of ma- terial, if done by or at the direction of the insured with knowledge of its falsity; (3) Arising out of oral, written, televised, videotaped or electronic publication of ma- terial whose first publication took place before the beginning of the policy period, 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under LIMITS OF INSURANCE (Section 111) applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT) The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each of your projects away from premises owned by or rented to you. CG 83 30 07 99 Includes copyrighted material of Insurance services Orrice,Inc.,with its permission. Page 3 of 5 Copyright,Insurance Services Office,Inc.,1995 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for loss to property of others caused by your business operations. The most w6 will pay for this coverage is $500 each "occurrence." The loss must occur during the policy period The occurrence must take place in the coverage territory. Loss means unintended damage or destruction Loss does not mean disappearance, abstraction or theft This coverage does not apply to: 1. Motor vehicles; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a Property Damage Liability deduct- ible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of " property damage" to property of others while in your care, custody or control or property as to which you are exercising physical control if the "property damage" arises out of your business operations B. Exclusions This insurance shall not apply to: 1 "Property damage"of property at premises aimed, rented, leased, operated or used by you, 2 "Property damage"of property while in transit; 3. The cost of repairing or replacing (1) any work defectively or incorrectly done, (2) any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent under- taking, or 4. "Property damage" of property caused by or arising out of the "Products/Completed Operations Hazard". C. Limits of Insurance - The most we will pay for "property damage" under this Section 9 is $5,000 for each "occurrence". The most we will pay for the sum of all damages covered under Section 9. because of"property damage"is an annual aggregate limit of$25,000. The limits of insurance provided under this Section S. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it D. Deductible - We will not pay for "property damage" in any one occurrence until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage"deductible, that deductible shall apply if it is greater than$250. E. In the event of "property damage" covered by this endorsement, you shall, If requested by us, replace the property or fumish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. 10.NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. In paragraph 4a of Section 11 -WHO IS AN INSURED, 90th day is changed to 180th day B. This provision 10. does not apply if newly formed or acquired organizations coverage is excluded either by provisions of the Coverage Part or by endorsements attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT A. The requirement in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2a that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to 1 You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a Limited Liability Company; 4. An executive officer or designee, if you area corporation CG 83 30 07 99 Includes copyrighted materiel of Insurance services once,Inc-,with Its permission. Page 4 of 5 copyngK Insurance services office,Inc.,IM B. The requirements in Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2b thpt you must see to it that we receive notice of a claim or "suit' will not be considered breached unless the breach occurs after such claim or"suit'is known to: 1, You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a Limited Liability Company;or 4. An executive officer or designee, if you are a corporation Knowledge of an "occurrence," claim or "suit' by the agent, servant or employee of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or employee. 12. BODILY INJURY Paragraph 3 of the definition of "bodily injury" in the DEFINITION Section is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable f or an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named In the agreement 14. MEDICAL PAYMENTS If Medical Payment Coverage (Coverage C) is not otherwise excluded from this policy, the Medical Expense limit provided by this policy shall be the greater of: A. $10,000 or B. The amount shown in the declarations All other terms and conditions of your policy remain unchanged. CG 83 30 07 99 Induci a copyrighf c!meferlal of Insurance services orrice,Inc.,with Its permission. Page 5 of 5 CopyftK Insurenm Sw vkes Office,kwc IM 50 Prevailing Wage Section Department of Labor Statement of Intent to Pay &Industries Prevailing Wage PO Box 44540 Olympia,WA 98504- 4540 (360)902-6335 _ s �(h i x 9 a 9 d THE AMERICAN INSTITUTE OF ARCHITECTS kv AIA Document A312 Bond No. 104247025 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business) Summit Central Construction,Inc. Travelers Casualty and Surety Company of America 44110196th Avenue SE 701 Fifth Avenue,Suite 3850 Enumclaw, WA 98022 Seattle,WA 96104 OWNER(Name and Address): City of Kent 220 4th Avenue So. Kent,WA 98032 CONSTRUCTION CONTRACT Date: October 14,2004 Amount: $351,315.20 Description(Name and Location): Kent Centennial Parking Garage Seismic Retrofit&Stengthening BOND Date (Not earlier than Construction Contract Date): October 14,2004 Amount: $351,315.20 Modifications to this Bond: XX None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company: (Corporate Seal} Summit Central Construction, Inc. Travelers Casualty an4 Surety_ Compit11►ie�'ica-- �= Signature c� Signature: - ^ Name a Tltl Name and Title: Marie Poulin,Attor��y-fO-Fact ` (Any add onal s' ures appear on page 3) (FOR INFORMATION ONLY-Name,Addrew and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party): Arthur J.Gallagher&Co.of Washington,Inc. P.O.Box 2925 Tacoma,WA 98401-2925 (263)627 7183 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND.DECEMBER 1964 ED •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312.1984 1 THIRD PRINTING•MARCH 1987 s I The Contractor and the Surely, jointly and severally, bind which it may be liable to the Owner and, as soon as themselves, their heirs, executors, administrators, successors practicable after the amount is determined, tender and assigns to the Owner for the performance of the payment therefore to the Owner,or Construction Contract, which Is incorporated herein by .2 Deny liability in whole or In part and notify the Owner reference. citing reasons therefore. 2 If the Contractor performs the Construction Contract, the g If t he S urety d oes n of proceed as provided in Paragraph 4 Surety and the Contractor shall have no obligation under this with reasonable promptness, the Surety shall be deemed to be Bond, except to participate in conferences as provided in in default on this Bond fifteen days after receipt of an additional Subparagraph 3.1. written notice from the Owner to the Surety demanding that the 3 if there is no Owner Default,the Surety s obligation under this Surety perform its obligations under this Bond, and the Owner Bond shall arise after: shall be entitled to enforce any remedy available to the Owner. 3.1 The Owner has notified the Contractor and the Sure at If the surety proceeds as provided in Subparagraph 4.4,and the Surety Owner refuses the payment tendered or the Surety has denied its address described in Paragraph 10 below that the Owner liability,in whole or in part,without further notice the Owner shall Is considering declaring a Contractor Default and has be entitled to enforce any remedy available to the Owner. requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen 6 After the Owner has terminated the Contractor's right to days after receipt of such notice to discuss methods of complete the Construction Contract, and if the Surety elects to performing the Construction Contract. if the Owner, the act under Subparagraph 4.1, 4.2, or 4.3 above, then the Contractor and the Surety agree, the Contractor shall be responsibAitles of the Surety to the Owner shall not be greater allowed a reasonable time to perform the Construction than those of the Contractor under the Construction Contract, Contract, but such an agreement shall not waive the Owner's and the responsibilities of the Owner to the Surety shall not be right, if any, subsequently to declare a Contractor Default; greater than those of the Owner under the Construction and Contract. To the limit of the amount of this Bond, but subject to 3.2 The Owner has declared a Contractor Default and commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction formally terminated the Contractor's right to complete the Contract,the Surety is obligated without duplication for: contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety 6.1 The responsibilities of the Contractor for correction of have received notice as provided in Subparagraph 3.1;and defective work and completion of the Construction Contract; 3.3 The Owner has agreed to pay the Balance of the 6.2 Additional legal, design professional and delay costs Contract Price to the Surety in accordance with the terms of resulting from the Contractor's Default, and resulting from the Construction Contract or to a contractor selected to the actions or failure to act of the Surety under Paragraph 4; perform the Construction Contract in accordance with the and terms of the contract with the Owner. 6.3 Liquidated damages, or if not liquidated damages are 4 When the Owner has satisfied the conditions of Paragraph 3, specified in the Construction Contract, actual damages the Surety shall promptly and at the Surety's expense take one caused by delayed performance or non-performance of the of the following actions: Contractor. 4.1 Arrange for the Contractor, With consent of the Owner, 7 The Surety shall not be liable to the Owner or others for to perform and complete the Construction Contract;or obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Construction Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated Contract itself, through its agents or through independent obligations. No right of action shall accrue on this Bond to any contractors;or person or entity other than the Owner or its heirs, executors, 4.3 Obtain bids or negotiated proposals from qualified administrators or successors. contractors acceptable to the Owner for a contract for 8 The Surety hereby waives notice of any change, including performance a nd completion of the Construction Contract, changes of time, to the Construction Contract or to related arrange for a contract to be prepared for execution by the subcontracts,purchase orders and other obligations. Owner and the contractor selected With the Owner's concurrence, to be secured with performance and payment 9 Any proceeding, legal or equitable, under this Bond may be bonds executed by a qualified surety equivalent to the instituted In any court of competent jurisdiction in the location in bonds issued on the Construction Contract, and pay to the which the work or part of the work is located and shall be Owner the amount of damages as described in Paragraph 6 instituted Within two years after Contractor Default or within two In excess of the Balance of the Contract Price incurred by years after the Contractor ceased working or within two years the Owner resulting from the Contractor's default;or after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this 4.4 Waive its right to perform and complete, arrange for Paragraph are void or prohibited by law, the minimum period of completion, or obtain a new contractor and with reasonable limitation available to sureties as a defense In the jurisdiction of promptness under the circumstances: the suit shall be applicable .1 After investigation, determine the amount for AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •ALA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N.W,WASHINGTON,D C 20008 A312-1984 2 10,Notice to the Surety, the Owner or the Contractor shall by the Owner in settlement of insurance or other be mailed or delivered to the address shown on the claims for damages to which the Contractor is entitled, signature page. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 11 When this Bond has been furnished to comply with a Contract. statutory o r other I egal requirement in the location where the construction was to be performed, any provision in this 12.2 Construction Contract: The agreement between Bond conflicting with said statutory or legal requirement the Owner and the Contractor identified on the shall be deemed deleted herefrom and provisions signature page, including all Contract Documents and conforming to such statutory or other legal requirement changes thereto. shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not 12.3 Contractor Default: Failure of the Contractor, as a common law bond. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 12 DEFINITIONS Construcdon Contract. 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default: Failure of the Owner,which has payable by the Owner to the Contractor under the neither been remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required by the Construction Contract or have been made, including allowance to the to perform and complete or comply with the other Contractor of any amounts received or to be received terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 2DV6 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Bond No. 104247025 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business). Summit Central Construction,Inc. Travelers Casualty and Surety Company of America "ll101961h Avenue SE 701 Fifth Avenue, Suite 3850 Enumclaw,WA 98022 Seattle,WA 98104 OWNER(Name and Address): City of Kent 220 41h Avenue So. Kent,WA 98032 CONSTRUCTION CONTRACT Date: October 14,2004 Amount. $351,315.20 Description (Name and Location). Kent Centennial Parking Garage Seismic Retrofit&Stengthening BOND Date(Not earlier than Construction Contract Date): October 14,2004 Amount: $351,315.20 Modifications to this Bond: XX None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporately Summit Central Construction,Inc. Traveler Casualty an uretyCompanK o a Signature: Signature: - = Name and Ti le: Name and Title: Marie Poulin,Attflrs9ey-In�sct (Any addition ores appear on page 6) = ~ (FOR INFORMATION ONLY-Name,Address and Telephone) - AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Arthur J.Gallagher&Co.of Washington,Inc. P.O.Box 2925 Tacoma,WA 98401.2925 (253)627-7183 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20008 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind 6 When the Claimant has satisfied the conditions of Paragraph themselves, their heirs, executors, administrators, successors 4,the Surety shall promptly and at the Surety's expense take and assigns to the Owner to pay for labor, materials and the following actions: equipment furnished for use in the performance of the 6.1 Send an a nswer to the Claimant,with a copy to the Construction Contract, which is incorporated herein by Owner,within 45 days after receipt of the claim, stating the reference. amounts that are undisputed and the basis for challenging 2 With respect to the Owner, this obligation shall be null and any anwunts that are disputed. void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, for all amounts. sums due Claimants,and T The Surety's total obligation shall not exceed the amount of 2.2 Defends, indemnifies and holds harmless the Owner this Bond, and the amount of this Bond shall be credited for from claims,demands,liens or suits by any person or entity any payments made in good faith by the Surety. whose claim, demand, lien or suit is for the payment for 8 Amounts owed by the Owner to the Contractor under the labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Construction Contract shall be used for the performance of the Owner has promptly notified the Contractor and the Surety Construction Contract and to satisfy claims, if a ny, u nder a ny (at the address described in Paragraph 12) of any claims, Construction Performance Bond. By the Contractor furnishing demands, liens or suits and tendered defense of such and the Owner accepting t his B ond,t hey a gree t hat a II f unds claims,demands, liens or suits to the Contractor and the earned by the Contractor in the performance of the Construction Surety,and provided there is no Owner Default. Contract are dedicated to satisfy o bligations of the Contractor and the Surety under this Bond, subject to the Owner's prionty 3 With respect to Claimants, this obligation shall be null and to use the funds for the completion of the work. void if the Contractor promptly makes payment, directly or 9 T he Surety shall not be liable to the Owner, Claimants or indirectly,for all sums due. others for obligations of the Contractor that are unrelated to the 4. The Surety shall have no obligation to Claimants under this Construction Contract. The Owner shall not be liable for Bond until- payment of any costs or expenses of any Claimant under this 4.1 Claimants who are employed by or have a direct Bond,and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and obligations to Claimants under this Bond. sent a copy,or notice thereof, to the Owner,stating that a 10 The Surety hereby waives notice of any change, including claim is being made under this Bond and,With substantial changes of time, to the Construction Contract or to related accuracy,the amount of the claim. subcontracts,purchase orders and other obligations. 4.2 Claimants who do not have a direct contract with the 11 No suit or action shall be commenced by a Claimant under Contractor: this Bond other than in a court of competent jurisdiction in the 1 Have furnished c location in which the work or part of the work is located or after s ed written notice to the Contractor the expiration of one year from the date 1 on which the and sent a copy, or notice thereof, to the Owner, y ( ) Within 90 days after having last performed labor or Claimant gave the notice required as Subparagraph 4.1 s last furnished materiels or equipment Clause 4.2.3, or (2) on which the last labor or service was q •pment included in performed b y a nyone o r t he last materials or equipment were the claim stating, with substantial accuracy, the furnished by anyone under the Construction Contract, amount of the claim and the name of the party to whichever of (1) or (2) first occurs. If the provisions of this whom the materials were furnished or supplied or Paragraph are void or prohibited by law, the minimum period of for whom the labor was done or performed;and limitation available to sureties as a defense in the jurisdiction of .2 Have either received a rejection in whole or in part the suit shall be applicable. from the Contractor, or not received within 30 12 Notice to the Surety, the Owner or the Contractor shall be days of furnishing the above notice any mailed or delivered to the address shown on the signature communication from the Contractor by which the Contractor has indicated the claim will be paid page. Actual receipt of notice by Surety, the Owner or the directly or indirectly:and Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the .3 Not having been paid within the above 30 days, signature page. have sent a written notice to the Surety (at the 13 When this Bond has been furnished to comply with a address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that statutory or other legal requirement the location where the a claim Is being made under this Bond and construction was to b performed, any provision in this Bond enclosing a copy of the previous written notice conflicting with said statutory atutory or legal requirements shall be furnished to the Contractor. deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed 5 If a notice required by Paragraph 4 is given by the Owner to incorporated herein. The intent is that this the Contractor or to the Surety,that is sufficient compliance, AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED •AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20008 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a in the Construction Contract, architectural and common law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly furnish a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. fumished. 15 DEFINITIONS 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the 15.1 Claimant. An individual or entity having a direct signature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent 15.3 Owner Default: Failure of the Owner,which has of this Bond shall be to include without limitation in the neither been remedied nor waived, to pay the terms "labor, materials or equipment that part of Contractor as required by the Construction Contract or water, gas, power, light, heat, oil, gasoline, telephone to perform and complete or comply with the other service or rental equipment used terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: ALA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AW THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Elizabeth A. Whitt, Marie Poulin, Michael R. Highsmith, Susan J. Hudson, Guida McClain,of Tacoma,Washington,their true and lawful Attorney(s)-m-Fact, with full power and authority hereby conferred to sign, execute and acknowledge,at any place within the United States,the following insttument(s): by his/her sole signature and act,any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-m-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED- That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsm ule signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified b y s uch facsimile s ignature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) ` a