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HomeMy WebLinkAbout05-021 - Buckley Nursery Company - Tukwila International Boulevard Phase I Street TreesCITY OF TUKWILA FEB 17 2005 CONTRACT CHANGE ORDER NO. 1 Page 1 of 1 02/11/2005;5:12 PM DATE: 02/07/2005 BUDGET NO. 104/02.595.300.63.07 PROJECT NO. 91-RWO3 CONTRACT NO. 05-021(Ql PROJECT NAME: Tukwila International Boulevard Phase 1 Street Trees // TO: BUCKLEY NURSERY COMPANY, INC. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, is subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. See attached additional requirements. CHANGE: Add Item Number 101 "Incense Cedar Tree Pit Modular Blocks", 12 Each at $522 each, per attached detail by Worthy and Associates dated February 7, 2005, except using only blocks on the downhill 3 sides of the pit using sculptured face Keystone blocks. Add Item Number 102 "Incense Cedar Water Tube", 26 Each at $17.50 Each. Add Item Number 103 " Drip Irrigation System Repair", Force Account $1,000.00, estimated amount. Subtotal of change order 1 added items is $7,719.00 plus 8.8% sales tax for total of $8,398.27. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. This change represents a fair, equitable and complete compensation. ACCEPTED Date: 2 / 1 / Q Contractor: BUCKLEY NURSERY COMPANY, INC. By: 1- William J H mings &4 Original Contract (with tax) $ 90,230.02 APPROVED BY THE C)TY OF,TUKWILA Title: Project Manager Previous Change Order This Change Order REV. CONTRACT AMOUNT $ Date:\e17 12 $ 8,398.27 By: $ 98,62$ 29 -- Mayor Additional Calendar Days for this Change: NONE There is no impact on the critical path. ORIGINAL: City Clerk (1 of 2) Contractor ( 2 of 2) P:\PROJECTS\A- RW & RS Projects\91rw03 TIB1\Street Trees \p0#1 -TIB 1 Street Trees.xls]pg 1 -ENT-' --F--E - 8 Z005 cc: Finance Department (w/encumbrance) Bob Giberson Perteet Engineering (Ron Cardwell & Jo n Arlale/rrew) file: 91-RW03-126-6 ORIGNALS LL 0 0 LIJJ Z m LY J a. J 0 0� O 1— J z_ C< d O O z wn 1-- zz_ a_ 0 W J 0 O r) J d 0 Z r zz w a-� o 0 d O Q Z = 0 n- W Q w I © /iii iiia O 0 Q U ®SECOND COURSE ® BASE COURSE W 0 0 0 LL�. LI a i 0 C U c/) ° m U 0 c a) cO w a) u) a) Xa) a) E �0 U) in -0 O 0 N O O N CO —' 00 ' O 0 X O 2 0 +, .— — vi _c x O co o a _ U ?� o) 0 c � 2 ' a) ani a) N U o — O • Z O i j� O v) x ® >c) 0 0 E V 0c).. ��_ c 0 0 a) a) o) a) c0 o 20 C a) c a) X C a) �, "� o 0 O O o O o o c N 0 0i 0L 0L,_co 0Lz c4 03 O O =3 c� 1) 3 LTJ J a 1 '/\/\x'.-- J CO ▪ J 1 1� ,.0 J 1 • _J O N 1 t Om 0 u) 1- 1 Y 1 ' Z �- 1 'i OQ 1,. z F- m 1 ', a_ 1 J ‘, O Q % . cn U X LL M M(I) Ct Jw'- Z Z O Qa 1 ,J 0 WO N Q L L. Q] O � Z O >- Q) Z w 0 0 0 (� z O• _ (� L • z z r' 0 Uz O z • 0. z • 1= ''� / H xcq a W00. 0 SUITE NUMBER 606 ti 0 cgi 0 ti m •m 0 E z w 2 0 a • a F w p„ N a 0, ▪ W (O © O ® e cp O O O O O 0 Q U ®SECOND COURSE ® BASE COURSE W 0 0 0 LL�. LI a i 0 C U c/) ° m U 0 c a) cO w a) u) a) Xa) a) E �0 U) in -0 O 0 N O O N CO —' 00 ' O 0 X O 2 0 +, .— — vi _c x O co o a _ U ?� o) 0 c � 2 ' a) ani a) N U o — O • Z O i j� O v) x ® >c) 0 0 E V 0c).. ��_ c 0 0 a) a) o) a) c0 o 20 C a) c a) X C a) �, "� o 0 O O o O o o c N 0 0i 0L 0L,_co 0Lz c4 03 O O =3 c� 1) 3 LTJ J a 1 '/\/\x'.-- J CO ▪ J 1 1� ,.0 J 1 • _J O N 1 t Om 0 u) 1- 1 Y 1 ' Z �- 1 'i OQ 1,. z F- m 1 ', a_ 1 J ‘, O Q % . cn U X LL M M(I) Ct Jw'- Z Z O Qa 1 ,J 0 WO N Q L L. Q] O � Z O >- Q) Z w 0 0 0 (� z O• _ (� L • z z r' 0 Uz O z • 0. z • 1= ''� / H xcq a W00. 0 SUITE NUMBER 606 ti 0 cgi 0 ti m •m 0 E z w 2 0 a • a F w p„ N a 0, ▪ W (O AGREEMENT FORM THIS AGREEMENT is made and entered into on this and between a City of Tukwila, Washington ("Owner"), and • ("Contractor"). Now, therefore the parties CONTRACT NO. C45 0.3 . ree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled TUKWILA INTERNATIONAL BOULEVARD PHASE 1 STREET TREES, Project No. 91-RW03, including all changes to the Work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Supplemental General Requirements. 2. Payments. Owner shall pay Contractor at the lump sum prices, and by change orders as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Proposal. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to Owner as specified in the Proposal. 4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement, except as expressly provided in this Agreement. 6. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. CITY OF TUKWILA, WASHINGTON (Owner) By: Attest: C7 Mayor day of Attest: 2004-0 This 1 5th day of December , 2004 City Clerk /51,/a ORtGINALS STD JAN 19 2005 Rev. 2004 Performance Bond C-2 Approved as to Form: Contractor's License No. City - orney BUCKLNC342MJ Address for giving notices: Address for giving notices: 6300 Sav is i/c/c/ S rE X60 �kttir WA 9(J 16819 92nd St. E. Sumner, Wash. 98390 Rev.2004 Performance Bond C-3 PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. We, , and (Principal) (Surety) a corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated 2004, between Principal and Owner for a project entitled TUKWILA INTERNATIONAL BOULEVARD PHASE 1 STREET TREES, Project No. 91-RW03, Contract No. ("Contract"). The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; • Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and • Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. PROVIDED, however, that after the Final Acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this Performance Bond shall be reduced to the sum of Dollars ($ ) (10% of Total Bid Price), to insure against all defects appearing Rev.2004 Performance Bond C-4 or developing in the material provided or workmanship performed under this Contract within one year after Final Acceptance. The liability of Surety shall be limited to the penal sum of this Performance Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance Bond without the prior written consent of Surety. This Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 2004. Principal Surety Signature of Authorized Official Signature of Authorized Official By Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Rev.2004 Performance Bond C-3 We, Ou'd1 PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. 3-606-480 , and • (Principe!) (Surety) a OHIO corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State. are jointly and severally bound to the City of Tukwila, Washington ("Owner"), in the penal sum of NINETY THOUSAND TWO HUNDRED THIRTY AND 02/100th Dollars ($ on 9v) n? ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives. as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated 2004, between Principal and Owner for a project entitled TUKWILA INTERNATIONAL BOULEVARD PHASE 1 STREET TREES, Project No. 91-RW03, Contract No. ("Contract"). The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; • Indemnifies and holds Owner, its officers, and agents harmlessfrom and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and • Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. PROVIDED, however, that after the Final Acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this Performance Bond shall be reduced to the sum of NINE THOUSAND TWENTY-THRFF SND MV Marin Dollars (5 9.023.00 ) (10% of Total Bid Price), to insure against all defects appearing Performance Bond C-4 or developing in the material provided or workmanship performed under this Contract within one year after Final Acceptance. The liability of Surety shall be limited to the penal sum of this Performance Bond. No change. extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract. time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance Bond without the prior written consent of Surety. This Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this lath day of DF.CFMTIFR , 2004. BU Y NURSERY COMPANY, INC. Principal Signature of Authorized PiX.1161kri Title THE OHIO CASUALTY INSURANCE COMPANY Surety Signature of Authorized Official Sy.ITCHAFL RUICXFR Attorney in Fact (Attach Power of Attorney) Name and address of local office of POTTER LF.fNARD R CALLAN agent and/or Surety Company: 4211 ALDERWOOD MALL BLVD., STE. 210 LYNNWOOD, WA 98036 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Rev.2004 CERTIFIED COPY OF POWER OF ATTORNE1 _ THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 35-102 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Michael Rucker, Jerry Kiser or Darwin Rieck of Lynnwood, Washington its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION (S2,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WffNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 31st day of July, 2000. STATE OF OHIO, COUNTY OF BUTLER SEAL`) Sam Lawrence, Assistant Secretary On this 31st day of July, 2000 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom deposeth and saith, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. eAuye AS ...612e Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attomeys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970 -The Ohio Casualty Insurance Company; adopted April 24, 1980 -West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By -Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 14th day of DECEMBER _ 2004 BVP`jY INaV� 4�'• F .9( SEAL a S-4300 Assistant Secretary P-1 PROPOSAL Contractor's Name Buckley Nursery Co. , Inc. Contractor's State License No. BUCKLNC342MJ City of Tukwila Project No. 91-RWO3 To the Mayor and. City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled TUKWILA INTERNATIONAL BOULEVARD PHASE 1 STREET TREES, and understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following proposed prices. The Bidder hereby understands that this proposal is a firm fixed price covering all work detailed in the plans and specifications. As evidence of good faith, (check one) ' bid bond or 0 cash, 0 cashier's check, 0 certified check, or ❑ postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar. days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required performance bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Substantial Completion in all respects within 77 calendar days from the date of written Notice to Proceed. If the work is not substantially completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not substantially complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. Rev. 2004 Proposal (continued) P-3 By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. 1 Date of Receipt Addendum No. 11/12/04 3 2 4 Date of Receipt - NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety Company which will furnish the required Performance Bond is Ohio Casuality Insurance Co. of P.O. Box 6789 Lynnwood, Wa 98036 (Address) (Name) Bidder: Signature of Authorized Official: Printed Name and Title: Address: Buckle Nursery C•., nc. William D. Hemmings II 16819 92nd St. E Sumner, Wash. 98390 Circle One: di i• - /Partnership/Joint Venture/ State of Incorporation: Washington Phone No.: (253) 863-9563 Date: 1 1/ 1 6/ 0 4 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If any unit prices or extensions are left blank they will be entered as $0.00 no charge. Rev. 2004 ADDENDUM NO. 1 CITY OF TUKWILA Tukwila International Boulevard - Phase 1 Street Trees City Project No. 91-RWO3 EN -(11C-11' .'-'115\1.2004 Date Addendum Issued: Bid Submittal Date: Bid Opening Date: To All Planholders: November 12, 2004 Tuesday, November 16, 2004 - 5:00 p.m. Wednesday, November 17, 2004 - 10:00 a.m. This Addendum No. 1, containing the following revisions, additions, deletions, and/or clarifications, is hereby made a part of the Plans and Contract Provisions (Contract Documents) for the Tukwila International Boulevard Phase 1 Street Trees Project. Bidders shall take this addendum into consideration when preparing and submitting their bids. Item No. 1 For the sixteen (16) Incense Cedar trees that are shown on plan sheets 5 of 7 and 7 of 7 to be planted in existing asphalt pavement areas, sawcut 48" x 48" panels to allow for planting tree. Remove and dispose of all excess materials and provide all materials as described on new detail D "Conifer Tree Staking." ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. All bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the spaceprovided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid documents. Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and the City reserves the right to determine whether the bid will be disqualified. iO4 Bob Giberson, P.E. r�- - Acting City Engineer attachment cc: City Clerk file: 91-RW03.10 Receipt Bidder: wledged conditions agreed to this /5 day of / / li jkl-hii' , 2004. Signature Bid Deposit:. The. undersigned Principal: hereby, deposits:.a<Bid Deposit with the City of Tukwila in the -form ;of a: cash'deposit; certified or cashier's check,':or. postal money order in the amount of;. dollars Bid Bond: The undersigned, BUCKLEY NURSERY CO:: INC. (Principal), and THF. ONTO CASUALTY `INSURANCE COMPANY '(Surety), are held and firmly bound unto the City of:Tukwila:(Owner) in the penal sum of5 Q OF BID 'AMOUNT**************************** ************.**************** dollars ($ OF BID ), which for the payment of which, Principal and .Suretybind: themselves, their heirs, ::executors, administrators, successors and :assigns, jointly, and' severally:. The liability of Surety under. this 'Bid Bond shall, be limitedto the penal sum ofthis Bid Bond. Conditions: The Bid Deposit' or Bid Bond shalt be an amount not Tess than five percent. (5%) of the total bid; including ,sales tax and,.is: submitted :by •Principal: to,Owner in connection with •a: Proposal for TUKWILA INTERNATIONAL BOULEVARD PHASE 1 'STREET: TREES, Project No..:. 91-RWO3.according:to the terms of the Proposal and Bid'Documents.. Now therefore, a. lithe Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal': shall duly: make and enter into an 7Agreement with Owner in:. accordance with the terms of:the Proposal and 'shall furnish a bond forthe faithful performance of: said Project and for the paymentof allpersons performing labor or furnishing' materials:in connection therewith,. with Surety:or Sureties approved by.Owner, and shall in -all other respects perform the Contract created by the. acceptance of said Proposal, • then this Bid Security shall `.be released;. otherwise it. shall remain infull force and: effect and Principal shall forfeit the. Bid Deposit or:. Surety shall. immediately pay and forfeit to Owner the, amount of the•Bid Bond, as penalty and liquidated damages: The obligations of Surety. and its Bid Bond shall be in no. way impaired or affected by any extension of time within, which .Owner rnay. accept•bids;-and Surety does hereby 'waive notice of any such . extension::..: Signed and dated this Ind day. of NO1FEr.4RFR , 2004. RY CINC cipal Sf• at re ofAuthorized Official Title Name and address of local office of 'agent and/or Surety Company: THE OHIO Surety .. Attorney n F=ct JERRY. 'I :ER UALTY INSURANCE COMPANY ch P er. of Attorney POTTER. LEONARD $ CAHAN,.INC. P O.BOX 6789 LYNNWOOD, WA 98036 Suretycompanies. executing bonds mustappear on the current Authorized Insurance List in .the State of Washington per Section 1-02.7 of the. Standard Specifcation& Rev.. 2004 CERTIFIED COPY OF POWER OF ATTORNE'. THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 35-102 Know All Hen by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Michael Rucker, Jerry Kiser or Darwin Rieck of Lynnwood, Washington its true and lawful agent (s) and attorney (s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION (S2,000,000.00) DOLLARS, excluding however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 31st day of July, 2000. STATE OF OHIO, COUNTY OF BUTLER it SEAL 1� Sam Lawrence, Assistant Secretary On this 31st day of July, 2000 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom deposeth and saith, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. Nut" .1 Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1. APPOINTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attomeys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970 -The Ohio Casualty Insurance Company; adopted April 24, 1980 -West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By -Laws to appoint attomeys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attomey and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the .Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. 1N WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 2nd day of NOVEMBER 2004 S-4300 Assistant Secretary P-5 NON -COLLUSION AFFIDAVIT STATE OF WASHINGTON' ) ) ss. COUNTY OF KING ) The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named TUKWILA INTERNATIONAL BOULEVARD PHASE 1 STREET TREES, Project No. 91-RW03. Buckley Nursery Co.,Inc. Name of Fir Signature oi, utho' zed Official VP Sipisec and sw,rr� to before ine on this 16 day of November Signature of Notary Public in an • r the State of Washington My appointment expires: . %0/30/d 7 Title , 20 04 • Rev. 2004 P-6 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: Buckley Nursery Co. , Inc. Address of Bidder: 16819 92nd St. E Sumner, Wash. 98390 Sumner Wash. 98390 City Contractor's License No. BUCKLNC342MJ State Zip Code Contractor's State Tax No. 271-000-516 Dept. of L&I Bond Registration No. Worker's Comp. Acct. No. 169,980-00 Bidder is a(n): 0 Individual 0 Partnership 0 Joint Venture EXIncorporated in the state of Wa List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from Bank Reference Bank of America 1958 Year Ken Weaver (253)305-3170 Bank Account Officer Officer's Phone No. No. of regular full-time employees: 25 Number of projects in the past 5 years completed: 150 ahead of schedule 50 on schedule 0 behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 20 years. As a subcontractor for 4 0 years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Long With Bidder Dave Hemmings Landon Byersdorf Edvardo Andres Proj Manager 25 years Superintendent 8 years Foreman 10 years Rev. 2004 Responsible Bidder Determination Form P_7 List all those projects, of similar nature and size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. This list is mandatory for bidder to be considered responsible. Project Name Year Contract Completed Amount See Attached List Owner/Reference Name and Phone List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Project NONE Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? ATI No 0 Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? No 0 Yes If yes, please state: Project Name Contracting Party Bond Amount Has Bidder ever been found guilty of violating any State or Federal employment laws? kNo 0 Yes If yes, give details: Rev.2004 BUCKLEY NURSERY CO., INC. June 7, 2004 LIST OF PUBLIC WORKS PROJECTS 2004 Project: I-90 Sunset I/C - (complete 5/04) Subcontract Amt. $490,306.00 Owner: Washington State Dept of Transportation Phone: (425) 649-4436 Office Contact: Matt Preedy PE NW Region Head Landscape: John Bennett LA — phone (206) 440-4503 General: Kiewit Contact: Ann Hegstrom Phone: (425)427-2203 Project: Arterial St/Alaska St Improvement — (complete 5/04) Subcontract Amt. $78,844.00 Owner: City of Tacoma Phone: (253) 591-5760 Contact: Steve Nichols General: Tucci & Sons Contact: Mike Fizette Phone: (253)922-6676 Project: Lakeland 15 -acre Park — (complete 5/03) Contract Amt. $449,597.00 Owner & General: Tucci & Sons Phone: (253) 922-6676 Contact: Tim Tucci Project:Cirque Dr West Ph 2B — (complete 11/03) Subcontract Amt. 120,125.00 Owner: City of University Place Phone: (253)686-3066 Contact: Jack Ecklund General: Woodworth & Co Phone: (253)383-3585 Contact: John Sholseth Project: Interurban Ave Bridge Widening — (complete 3/04) Subcontract Amt. $57,446.00 Owner: City of Tukwila Phone: (206)433-0179 Contact: Mike Ronda General: CA Carey - Phone: (425)392-8016 Contact: Steve Murdoch Project: NW Anderson Hill Road — (complete 12/03) Subcontract Amt. $27,239.35 Owner: Kitsap County Public Works Phone: (360)337-5777 Contact: Marc Gasper General: DLB Earthwork Co Phone: (360)943-6278 Contact: Dana Madsen Project: Cirque Dr West Ph 2A — (complete 10/04) Subcontract Amt. $42,958.00 Owner: City of University Place Phone: (253)686-3066 Contact: Jack Ecklund General: Looker & Assoc Phone: (253)535-1772 Contact: Bryce Shurrock Project: Brighton Elementary School — (complete 9/04) Subcontract Amt. $88,056.00 Owner: Seattle School Dist #1 Owner Rep Phone: (206)682-7562 Contact: Forrest Jammer L.A. Project: Sleater Kinney Rd Proj. Ph2 — (complete 2003) Subcontract Amt. $73,304.00 Owner: City of Olympia Phone: (360)507-1967 Contact: Thanh Jeffers (inspector) General: Archer Construction Phone: (253)872-7222 Contact: Robert Project: 9th Ave Overlay — (complete 10/03) Subcontract Amt. $30,612.88 Owner: City of Olympia Phone: (360)753-8474 Contact: Gary Harter (inspector) General: W.E. & B Phone: (360)458-5540 Contact: Dale Wood Project: Lake Tapps Parkway E — (complete 1/04) Subcontract Amt. $79,287.00 Owner: Pierce County Pub Works Phone: (253)798-6826 Contact: Kathy Blaine (inspector) General: RCI Construction Phone: (253)863-5200 Contact: Reed Ehinger Project: Puyallup St LID #75 — (complete 5/03) Subcontract Amt. $35,547.00 Owner: City of Sumner Phone: (253)891-3309 Contact: Scott Holten (inspector) General: RCI Construction Phone: (253)863-5200 Contact: Tom Neilson Project: Sleater Kinney Rd Proj — (complete 12/03) Subcontract Amt. $112,509.00 Owner: City of Olympia Phone: (360)753-8721 Contact: Rolland Ireland (inspector) General: Archer Construction Phone: (253)872-7222 Contact: Darin Project: Cirque Dr. W. & Alameda — (complete 12/03) Subcontract Amt. $45,546.00 Owner: City of University Place Phone: (253)460-2534 Contact: Don Nutter General: DLB Earthwork Co Phone: (360)943-6278 Contact: Dana Madsen Project: Bridgeport Way W PhII — (complete 9/02) Subcontract Amt. $201,040.00 Owner: City of University Place Phone: (253)686-3066 Contact: Jack Ecklund General: DLB Earthwork Co Phone: (360)943-6278 Contact: Dana Madsen Project: 13th St SE — Puyallup — (complete 2001) Subcontract Amt. $41,205.00 Owner: City of Puyallup Phone: (253)841-5461 Contact: Bob Akridge General: Scarsella Brothers Inc. Phone: (253) 872-7173 Contact: Eric Dahl Project: Coal Creek Parkway — (complete 2002) Subcontract Amt. $78,561.00 Owner: City of Bellevue Phone: (425)452-5366 Contact: Don Millard General: KLB Construction Phone: (425) 355-7335 Contact: Aiesh Ragih Project: Kimball Drive Park & Ride — (complete 2002) Subcontract Amt. $239,423.00 Owner: Pierce Transit Phone: (253) 581-8084 Contact: Doug Dickinson General: Archer Construction Phone: (253)872-7222 Contact: Joe Adams Project: SE 256th St Widening — (complete 2001) Subcontract Amt. $55,875.00 Owner: City of Kent Phone: (253)856-5543 Contact: Peter Tenerelli General: Scarsella Bros Inc Phone: (253)872-7173 Contact: Eric Dahl Responsible Bidder Determination Form P-8 Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? No 0 Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? M No 0 Yes If yes, please state: Date Type of In]ury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: VP Date: 1/16/04 Rev.2004 P-9 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT John Deere Backhoe 310D 4x4 1994 Good Own John..=, Deere Back Hoe 310E 4x4 1999 Good Own John Deere Excavator 490E 1995 Good Own Yanmar Trackhoe B37 2001 Good Own :Bomag Roller BW142D 1995 Good Own Ford Pickl, F350 2003 Good Own Ford Pickup F250 2002 Good Own Freightliner Blower Truck 1989 Good Own International Truck w/Hydroseede' 1980 Good Own Kenworth w/Equipment Trailer 1989 Good Own. Chevy Tiltmastor witrailo.r 1997 Good Own Labor to be used: Landscape Labor Buckle Nursery Co.,Inc. Name of El der, Signature of utho zed Offici VP Title Rev. 2004 P-10 PROPOSED SUBCONTRACTORS Name of Bidder Buckley Nursery Co. , Inc. The following is a list of the heating, ventilation and air conditioning, plumbing and electrical subcontractors that will be used in the work if the Bidder is awarded the contract. In accordance with RCW 39.30.060, revised in 1999, this only applies to contracts expected to cost one million dollars or more. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder % Name Schedule/Bid Item Numbers Subcontractor will perform % of Total Bid Rev. 2004