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HomeMy WebLinkAboutIndustrial Constructors - CP9-SE-1A-17-01 WWTP Immediate Needs - MechanicalCONTRACT SMALL WORKS ROSTER Wastewater Treatment Plant Immediate Needs Construction - Mechanical Improvements THIS CONTRACT is made and entered into this 16 day of, 2017, by and between the City of Pasco, Washington, a Municipal Corporation, hereina er referred to as "City", and Industrial Constructors, Inc., hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its small works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Description of Work. The Contractor shall furnish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Project Description and Specifications, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit A shall be: N That amount set in the quotation attached hereto as Exhibit S subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 21 calendar days from the date of the Notice to Proceed. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. 5. Indemnification. 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, Immediate Needs Construction - Mechanical Improvements Page I Industrial Constructors Inc. — Small Works Roster Contract demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed 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. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance of Section 6 above. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. 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, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 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. 6.1.2 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. Immediate Needs Construction - Mechanical Improvements Page 2 Industrial Constructors Inc. — Small Works Roster Contract 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Contractor's profession. 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: $1,000,000 each occurrence; $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 6.2.3 Professional Liability insurance shall be written with limits no less than: ❑ $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects 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. 6.3.2 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. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than ANII. 6.5 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 endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Inunediate Needs Construction - Mechanical Improvements Page 3 Industrial Constructors Inc. — Small Works Roster Contract 7. Retainage and Performance Bond. 7.1 Unless it is waived as provided below, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work, and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: Dan Ford, PE, or his/her designee City Engineer 525 North 3rd Pasco WA 99301 FordDgpasco-wa.gov 9.3.2 For the Contractor: Don J. McMillin, or his/her designee 8524 W. Gage Blvd., A285 Immediate Needs Construction - Mechanical Improvements Page 4 Industrial Constructors Inc. — Small Works Roster Contract Kennewick, WA 99336 dcmcmillin(cr�,ici-tc.com 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 10. Additional Documents. The following additional documents are, and included and incorporated as a part of this Contract: 10.1 Project Description and Specifications. 10.2 Quotation. IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON B DE �t By:6150*- �� Dave Z 1 Cit Mana er Don cMillin President City of Pasco Industrial Constructors, Inc. 525 North 3rd 8524 W. Gage Blvd., A285 Pasco WA 99301 Kennewick, WA 99336 (509) 545-3444 (509) 628-3335 Registration No. INDUSI*003QH ATT T: APPR D AS TO FORM: City Clerk Leland B. Kerr, City Attorney Immediate Needs Construction - Mechanical Improvements Page 5 Industrial Constructors Inc. — Small Works Roster Contract Exhibit A PUBLIC WORKS/ENGINEERING DIVISION (509) 545-3444 / FAX (509) 543-5728 P.O. Box 293 (525 North P Avenue) Pasco, Washington 99301 / www.pasco-wa.gov May 12, 2017 Small Works Roster Contractors Subject: Wastewater Treatment Plant — Immediate Needs Construction Mechanical Contract Bid — Bid Instructions Please find enclosed the following: 1. Bid form for the project listed above. 2. Drawings for PLANT IMPROVEMENT PROJECTS — MAY 2017 MECHANICAL CONTRACT (11 sheets total) Bids are due May 24, 2017 at 2:00 P.M. PST. Please deliver your bids by email (Meredith H(a?_pasco-wa.gov). Scope of Work: The City is implementing improvements in three areas of their wastewater treatment plant (WWTP). To expedite the completion of this work, it is being bid and executed in three separate packages. The first package (structural) includes the installation of a concrete chemical containment structure and a 1 '/4" potable water feed line supply. The second package, this work, includes installation of a concrete coating system, various pieces of owner furnished equipment and associated piping, valves, and appurtenances. The last package includes installing various instruments and electrical/ control wiring to make the improvements functional. The process and instrumentation diagrams (P&IDs) in the drawing set provides an overview of the intended form and function of the facilities when all three construction packages are complete. Consult these drawings to address questions on the configuration, size and/or interconnection of the various work elements. A summary of the equipment supplied by the Owner and sequence or installation constraints are provided below. Contractor to provide all materials not listed and necessary to complete the installation shown on the drawings. Owner Provided Equipment: • A Ferric Chloride Feed Skid A 6,500 -gallon Ferric Chloride Storage Tank • Page 2 May 12, 2017 • Two (2) FLG by FLG 4 -inch Flow Valves • A FLG by FLG 4 -inch Isolation Valve • Two (2) Trickling Filter Ventilation Fans Installation Sequence/Constraints: • Work to be substantially complete within 21 calendar days of Notice to Proceed • Trickling Filter Fan — can occur at any time • Eye wash/shower system — can occur at any time • Intermediate Clarifier Junction Box/Piping — can occur at any time. Only one shut -down of the existing TFS line is allowed. Shutdown is limited to 4 -hour maximum. • CEPT Ferric Chloride Chemical Feed System — construction in stages required. 1. Apply coating system to concrete containment structure. Concrete to have cured a minimum of 10 days and meet manufacturer recommendations prior to application. 2. Installation of storage tank, feed skid and associated piping, valving, pipe supports and appurtenances. 1. Bidders Responsibility Criteria It is the intent of the City of Pasco to award these contracts to the lowest Responsible Bidder. To be considered a Responsible Bidder this criteria must be met and the City may require documentation demonstrating compliance with the criteria. The bidder must: a. Currently have a certificate of registration as a contractor in compliance with chapter 18.27 RCW effective of the bid date; b. Currently hold a Washington Unified Business Identifier (UBI) number; c. If applicable: i. Have Industrial Insurance coverage (workers' comp) for the bidder's employees working in Washington in accordance with Title 51 RCW; ii. Have an employment security department number in accordance with Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number in accordance with Title 82 RCW; • Page 3 May 12, 2017 d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); e. Be eligible to perform services as governed by PMC 14.10 The contractor for this Public Works project must verify that all of these requirements are met for all tiers of subcontractors. 2. Performance Bond and Labor and Material Payment Bonds For contract in excess of $35,000, prior to execution of the contract, the successful bidder shall furnish Performance and Labor & Material Payment Bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder in such form approved by the Owner and in the amount of one hundred percent (100%) of the contract. For contract under $35,000, awarding agency reserves the right to waive the bond requirements or require 50% retainage withheld until necessary releases are received. 3. Execution of Contract Execution of Contract The successful bidder must sign and return the Agreement and furnish the Performance Bond, Labor & Material Payment Bond, Certificate of Insurance, and Intent to Pay Prevailing Wages within fourteen (14) days from the Notice of Award date. The Contract is executed once all of the documents listed in this section are furnished within the timeline specified and the City of Pasco then signs and dates the Agreement. 4. Insurance and Liability The Contractor shall procure and maintain during the life of this contract such insurance as shall protect him and any subcontractor performing work covered by this contract from claims or damages for bodily injury, including death resulting there -from as well as from claims for property damage, which may arise from operations under this contract, whether such operations are performed by himself or by any subcontractor or by anyone directly employed by either of them. Insurance must be placed with commercial insurance companies licensed to do business in the State of Washington and which possess minimum financial standards of A.M. Best Company, "A-, IV" or better. Certificates of Insurance for all insurance shall be filed with the City of Pasco naming the City of Pasco, its officers, employees, board, and volunteers as Additional Insured. The policy shall be $1,000,000 occurrence and $2,000,000 aggregate. • Page 4 May 12, 2017 All insurance policies by the Contractor shall provide (1) that the policies shall not be cancelled or the amount thereof reduced without forty-five (45) days prior written notice to the City of Pasco, and (2) that forty-five (45) days prior written notice shall also be given if the policy is not to be renewed at the scheduled expiration date. 5. Prevailing Wage It is the sole responsibility of the Contractor to assign the appropriate classifications to all laborers, workmen or mechanics that will perform any work pursuant to any Public Works Contract and to ascertain the applicable prevailing wage rates and fringe benefits for each such classification. Current prevailing wage data can be obtained by the Contractor from the Industrial Statistician of the Department of Labor and Industries, Prevailing Wage Office, P.O. Box 44540, Olympia, Washington 98504-4540, (360) 902-5335, on their website at http://www.Ini.wa.gov/TradesLicensing/PrevWageANageRates/Printable/defau It.asp, or a copy may be printed for you on your written request. The City of Pasco, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will -be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. If any questions, please contact me at the email above or by phone (509.545.3447) Sincerely, Haley Meredith Contract Compliance Specialist Exhibit B City of Pasco - Immediate Needs Construction Mechanical Improvements Bid Form Lump Sum Item Lump Sum Price Mobilization (maximum of 6% of total non -tax bid) oc?o Trench Excavation/Safety Systems (per RCW 39.04.180) j OVO Coating System ti , 0p 0 Eyewash System l ,©0 Ferric Chloride Tank, feed system, piping, valves and appurtenances b Q 0 t?© Trickling Filter Ventilation 15 a CO Intermediate Clarifier Junction Box L112, 00 AD Clean-up/Demobilization (minimum of 6% of total non -tax bid) 17 , 000 Subtotal Z v to , 000 Washington State Sales Tax (8.6%) 1 111 "M& '- Project Total: I z ?" Authorized S i• Title: b"^ ewl1/ L -i• - AevAvl Company: Industrial Constructors, Inc. Kennewick, WA 99336 Date: Date V PERFORMANCE BOND BOND TO THE CITY OF PASCO Bond No. 382802P KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Industrial Constructors, Inc. as principal, and Developers Surety and Indemnity Company a corporation organized and existing under the laws of the State of California, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with Municipal Corporations, as surety, are jointly and severally held and firmly bound to the City of Pasco in the penal sum of Two Hundred Twenty Three Thousand Seven Hundred Sixteen and 00/100 Dollars ($223,716.00) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into a pursuance of the statutes of the State of Washington, and ordinances of the City of Pasco. Dated at , Washington, this day of '2017. Nevertheless, the conditions of the above obligation are such that: WHEREAS, pursuant to action taken by the City Council of the City on , 2017, the Mayor and City Clerk of the City of Pasco have let or are about to let to the said Industrial Constructors, Inc., the above bounden principal, a certain contract, the same contract being numbered CP9-SE-1A-17-01 and providing for Immediate Needs Construction — Mechanical Improvements _ (which contract is referred to herein and is made a part hereof as though attached hereto.) WHEREAS, the said principal has accepted, or is about to accept the said contract, and undertake to perform the work wherein provided for in the manner and within the time set forth. NOW, THEREFORE, if the said Industrial Constructors, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of the time as may be granted under the contract, and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold said City of Pasco harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Pasco harmless from any damage or expense by reason or failure of performance as specified in said contract or from defects appearing or developing,,in the material or workmanship provided or performed under said contract after its acceptance there by the City of Pasco, then and in that event this obligations shall be void; but otherwise it shall be and Vomain in full force and effect. Approved as to Form: Developers Surety�ncl Ixad�rrinjty�Com ny Sure t Jarekl W. Haff, Attorney -In ct Indu Inc. Contiz�tj Don J. McMillin, President POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Charles E. Hudon, Jared W. Haff, Karen E. Alley, Pamela L. Thurman, Jacqueline F. Hernandez, Johanna E. Zerb, Kimberley A. Fall, Ashley Stephens, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By, rJ' ;0�gYAND/10% Ut\f'ANYpc Daniel Young, Senior Vice -President ? yJe �G°µpor�T�oq�2�Q4x�q� 1936'OCT. 5 � y n : u! 1867 b By: eq[IFOR�P Zi�O•- �q Mark Lansdon, Vice -President 1� '•••••••. a• [rxouv A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 before me, Lucille Raymond, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission #r 208195 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is = Orange County true and correct. M Comm. Expires Oct 13 2018 WITNESS my hand and official seal. I Place Notary Seal Above Signature �/, "_ Lucill9 I� y ond, Notary Public CERTIFICATE ✓ The undersigned, as Secretary or Assistant Secretaryof DEVELOPERS SURETY AND INDEMNITY COMPANY or INDCMNITY CCMPANYY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resoiu5oris of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. nr..,.y This Certificate is executed in the City of Irvine, California, this day of•�.�w AND/IVC•.,�y` �.•appo�•,F pP /iij -37 By: - 193 ? - a�T. 5� Cassie J. rrisford, Assistant Secotary �;.•, D P,: ,` _ o ,267 ATS -1002 (02/17) �'••.,,,,,..••'� PAYMENT BOND To City of Pasco, Washington Bond No. 382802P The City of Pasco, Washington, City has awarded to Industrial Constructors, Inc. (Principal), a contract for the construction of the project designated as Immediate Needs Construction — Mechanical Improvements, Project No. CP9-SE-1A-17-01, in Pasco, Washington (Contract), and said Principal is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington (RCW). The principal, and Developers Surety and Indemnity Company (Surety), a corporation organized under the laws of the State of California and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City, in the sum of Two Hundred Twenty Three Thousand Seven Hundred Sixteen and 00/100 Dollars ($223,716.00)Total Contract Amount, subject to the provisions herein. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW Titles 39.08, and 39.12 including all workers, laborers, mechanics, subcontractors, and material suppliers for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and 51 RCW an all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL SURETY Indu ial structors, Inc. Developers Surety and Indemnity Company June 6 2017 June 6. 2017 Principal Signature Date Sir ignature y Data Don J. McMillin Printed Name President Title i` Jared W. Haff Printed Name Attorney -In -Fact Title Name, address, and telephone of local office/agent of Surety Company is: Conover Insurance Services. LLC 1804 W. Lewis Street, Pasco, WA 99301 (509)545-3800 Approved as to form: Signature Title Date POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: **'Charles E. Hudon, Jared W. Haff, Karen E. Alley, Pamela L. Thurman, Jacqueline F. Hernandez, Johanna E. Zerb, Kimberley A. Fall, Ashley Stephens, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. ` (AND/, By: � QZl .••' �<....p%,, Gh\P ANY Daniel Young, Senior Vice -President ?�J4 a�pRPo2,TF �r i �G ��pd9T �. 1936OCT. 5 .1u 1967 Z By: off' cq<t�oa�`?r a0`' 0 z Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. _ Cfsmmissian #r 2081945 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Orange County true and correct. 4 Comm. Ex ires Oct 13 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature LuciII fj y ond, Notary Public CERTIFICATE �/ The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNffY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resowtions of the respective Doards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. /This Certificate is executed in the City of Irvine, California, this 4h day of v 11 �. , v I �. , •` .,y ANa lti -.,Y'G.4P r+,J Y ��..�-"I mow/ , <L�.••^.��( 'yJ;��o R9`Oo BY: 1.936 :�. ly Cassie J, n isford, Assistant Secthtary ATS -1002 (02/17)