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HomeMy WebLinkAboutClearwater Construction & Management - WWTP Improvements, Ph 1 - Change Order 1 and Retainage Bond (19-072)CHANGE ORDER NO.: 001 Owner: City of Pasco Owner's Project No.: Engineer: Murraysmith Engineer's Project No.: Contractor: Clearwater Construction & Contractor's Project No. Management, LLC Project: City of Pasco 19072 WWTP Improvements Phase 1 Date Issued: 02/01/2022 Effective Date: 02/01/2022 The Contract is modified as follows upon execution of this Change Order: Description: CPR Description Cost 002 Blower Building Utility Conflicts $ 2,251.98 004 _ Aeration Basin Outlet Gates _ _ '_16:691.86 CHANGE ORDER TOTAL Description: $ 18,943.84 19072 19-2692 2142 Time 0 Days 0 Da,,�s 0 Days 1. DELETE Work Sequence Specification Section 0112 16-1.5.L.2.c in its entirety and REPLACE with: c. Work within the Port of Pasco's Temporary Construction Easement shall be completed by May 20, 2022. [Al If work is not complete by this time, Contractor shall pay Owner liquidated damages in the amount of liquidated damages associated with final payment per the Agreement. Any partial days over this time shall be considered full days for calculation of liquidated damages. [2] Attachments: CPR 002 CPR 002 — ECOLOGY EMAIL CORRESPONDENCE CPR 004 CPR 004 — ECOLOGY EMAIL CORRESPONDENCE CITY OF PASCO TEMPORARY CONSTRUCTION EASEMENT 19-2692 Change Order Conformed Contract Documents 0125 01C -1 Original Contract Price (Not Including Sales Original Contract Times: Tax): $ 16,517,300.00 [IRGFease] [DeGFease} from previously j approved Change Orders No. 0 to No. 0: $ 0.00 Contract Price prior to this Change Order (Not Including Sales Tax); $ 16,517,300.00 [Increase]- Deerza� this Change Order (Not Including Sales Tax): $ 18,943.84 Substantial Completion: August 25, 2023 Ready for final payment: October 9, 2023 geese} jDec-Fease] from previously approved Change Orders No.0 to No. 0: Substantial Completion: August 25, 2023 Ready for final payment: October 9, 2023 Contract Times prior to this Change Order: Substantial Completion: August 25, 2023 Ready for final payment: October 9, 2023 fes} {seczFease] this Change Order: Substantial Completion: August 25, 2023 Ready for final payment: October 9, 2023 Contract Price incorporating this Change Contract Times with all approved Change Order (Not Including Sales Tax): Orders: Substantial Completion: August 25, 2023 $ 16,536,243.84 Ready for final payment: October 9, 2023 19-2692 Conformed Contract Documents Change Order 012501C-2 Title: Engineer Date: 2/4/2022 Accepted by Contractor Title: prop ect Manager Date: 2/18/22 ProjectApproved by Ecology Contract m By: ' % agcy Title: Ecology Project Manager Date: 2/17/2022 19-2692 Conformed Contract Documents Accepted by Owner Approved by Ecology Technical Reviewer Change Order 012501C-3 RETAINAGE BOND Bond No. 107432090 KNOW ALL MEN BY THESE PRESENTS, that Clearwater Construction & Management, LLC , as Principal authorized to do business in the State of Washington and Travelers Casualty and Surety Company of America as Surety, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto City of Pasco as Obligee in the penal sum of ---Eight Hundred Ninety-six Thousand Eight Hundred Eighty-nine and 39/100 --- Dollars ($ 896, 889.39 ), which is 5% of the Principal's bid. WHEREAS, on the 1st dayof June 2021 the said Principal, herein, executed a contract with the Obligee, for WWTP Improvements, Phase 1 Contract 21-119072 WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained fund AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this 12th day of- July 2021 Clearwater Construction & Management, LLC By: / Z Paul Clary, Member Travelers Casualty and Surety Company of America Principal Sure ttorney-in-Fact lana Williams HUB International Northwest LLC Name and Address of Local Agent 835 N. Post Street, Suite 203 Spokane, WA 99201 Surety Phone No. 509-319-2901 Travelers Casualty and Surety Company of America AAE. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Diana R Williams of SPOKANE , Washington , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. �� 'JA4TY Ahp rG P com ��#ry State of Connecticut By: City of Hartford ss. Robert L. Raney4tenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. F Al N IN WITNESS WHEREOF, I hereunto set my hand and official seal. �`�"`F My Commission expires the 30th day of June, 2026 +r N+4* puS'IC Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 12th day of JUIy , 2021 mCOWL +¢S � Sit *-- Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880, Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached,