Loading...
HomeMy WebLinkAbout09-176 - Pacific Northwest Earthworks - House Demolition at 5829 South 140th StreetCity of Tukwila To: Mayor Haggerton From: Public Works Directo Date: 12/01/09 Subject: Demolition of the Loa Cabin at 5829 South 140 Street Project No. 10901301 PROJECT COMPLETION AND ACCEPTANCE BACKGROUND: On November 13, 2009 the City entered into Contract number 09 -176 with Pacific Northwest Earthworks, LLC of Fall City, Washington for construction of project number 10901301. This project included the demolition of the log cabin at 5829 South 140 Street. Demolition began on November 19, 2009 and was substantially completed on November 27, 2009. No change orders were issued during the contract. Contract Award Amount (without sales tax): Increased Quantities: Sales Tax 9.5 Total Amount Paid (incl. retainage): There has been $732.50 in retainage withheld from the progress payments to Pacific Northwest Earthworks, LLC for this contract. RECOMMENDATION: All work required under this contract has been completed. It is recommended that this contract be accepted as complete and authorize the release of retainage, by signing below and forwarding original to Finance and copy to Public Works. The retainage release is subject to the standard claim and lien release procedures. i mv iDtt M rJim Ha•• =j�n Co $14,650.00 0.00 1,391.75 $16,041.75 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM W: \PW Eng \EMERGENCY OPS \HHD Flood Response Plan 10901301 \Info Memo Completion Mayor Approval.doc THIS AGREEMENT is made and entered into on this ta day of JCY 200 'j, by and between the City of Tukwila, Washington "Owner") and ?AetetC Norkniwecr E# t..t_,e,( "Contractor"). Now, therefore the parties agree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled 5829 So. 140 St. Demolition, Project No.10901301, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1 -04.2 of the Supplemental General Requirements. 2. Payments. The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of D tn/ 1.7 5 dollars AD, tJ 1. 79, which includes the price bid for the Owner- Directed Work, which may only be performed if authorized, and all of which is subject to additions and deductions as provided in the Contract Documents. 3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed date The Work under this Agreement shall be completed within the time specified in the Proposal. If the Work under this Agreement is not completed within the time specified, as detailed in the Contract Documents, 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 attomey'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: This 13 day of Ntxz-w■hty' 2009 City Clerk Approved as to Form: City Attorney Address or giving notices: 066 i /vd sue- /06 �,&:4,- /!A 9 -i AGREEMENT FORM CONTRACT NO. PAG.. F L t(g.TNWES T FRRTNWQRt (Contractor) By: PAO I RAVERS Title: 60-4 2 E/ Attest: This day of Contractor's License No. PNEci LE W:1PW Eng\PROJECTSW- BG Projects \10901301 Demo at 5829 S 140th St\Contract Provision 10- 16 -09.doc 09 -176 Council Approval N/A 20 Address for giving notices: Qo, Cox 351 Fu k Qt T' I \JA 99) 01.4 C -1 a dd(6i7 zs To the Mayor and City Council City of Tukwila, Washington PROPOSAL (lump sum firm fixed price) P -1 Contractor's Name PALFir_ NOR rf411.;'ES r EAR THWoR Contractor's State License No. FAA ci r= NEg43t City of Tukwila Project No. 10901301 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 5829 So. 140 St. Demolition, which includes, but is not limited to: Demolition of the building and associated structures at 5829 So. 140 St., Tukwila, WA, 98168. The work shall include, but not be limited to, the demolition of the house and shed; removal of asbestos, lead paint and items within the buildings; erosion control; trench safety systems; capping of sanitary sewer connection, installation of 225 LF of HESCO wall system provided by the owner with contractor supplied sand, labor, equipment, sand bags and associated work as further specified and shown in the contract provisions. As evidence of good faith, (check one) bid bond or cash, cashier's check, 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 Payment and 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 Physical Completion of all Work in all respects within 15 calendar days from the date stated in the written Notice to Proceed. If the work is not 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 Physically 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. W:\PW Eng\PROJECTSW BG Projects \10901301 Demo at 5829 S 140th St\Contract Provision 1O.16.09.doc item No. Item Description Quantity Unit Unit Price Amount DEMOLITION 1. ALL WORK 1 LS *t -1 4 i4 i tS" 2. 3. 4. Proposal P 2 5829 So. 140 St. Demolition Project No. 10901301 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Show unit prices in both words and figures (ink or typed), and where conflict occurs, the written or typed word shall prevail. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. rccovrevg Tho:;t wit.) soc ow, Cif t and ct' /100 Dollars Trench Excavation Safety System TOTAL PROJECT COST LS and Z /100 Dollars Unforseen Utility Conflict Resolution 1 FA 5,000.00 5,000.00 Five Thousand and 00/100 Dollars Miscellaneous Work and Restoration 1 FA 1,000.00 1,000.00 One Thousand and 00/100 Dollars W:\PW Eng1PROJECTSW 80 Projects \10901301 Demo at 5829 S 140th St\Contract Provision 10- 16.09.doc Subtotal 2.0 ice State Sales Tax 9.5% l `is'I A"r% Proposal P -3 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard copy bid form Project Name, Schedule Name, column headings in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the Bid form which acknowledges the Bid Guaranty, Time of Completion, all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and Lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two. unit Bid orices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print -out for all of the bid items contained in this Proposal are the unit and Lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print -out. (YOUR FIRM'S NAME) acknowledges and agrees that the total ount shown will be read as its total bid and further agrees that the official total Bid amount will b- ermi =d by multiplying the unit Bid prices shown in this print -out by the respective estimated qu ies sho on the Bid form then totaling all of the extended amounts. Title: (31f1 Date: I (/SA1 By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. 1 2 Date of Receipt Addendum No. 3 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 Bidder 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 Payment and Performance Bond is W\PW Eng1PROJECTSVI- 8G Projects11 09 01 301 Demo at 5829 S 1401h St\Contract Provision 10-16-09 doe Proposal P -4 Bidder: of (Name) (Address) Signature of Authorized Official: Printed Name and Title: aUk TRA R.S Address: Pv, &3x I .4f/ 17`? t IJ>7 9 ?ot Circle One: Individual Partner State of Incorporation: WA Joint Venture Corporation Phone No.:Cdl�5�:2° O 1 4 Date: 1 1 �3 This address and phone number is the one to which all communications regarding this proposal should be sent. Vi" k iC il ktiOR S L.,L I 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 either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. W:\PW Eng\PROJECTS\A- BG ProJects \10901301 Demo at 5829 S 140th St\Contract Provision 10.18.09.doc CNA 11/4/2009 9:40:03 AM PAGE 3/005 Fax Server BId Deposit: The undersigned Principal hereby deposits a Sid Deposit with the City of Tukwila in the form of a cash deposit, certtfled or cashless cheat, or postal money order in the amount of 5% of amount bid dollars 5% of amt. bid OR Bid Bond; The undersigned, Pacific Northwest Earthworks, LLC (Principal). and WESTERN SURETY COMPANY (Surely), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum .of 5% of bid Dirk dollars (iii 5% of amt. i why for the payrner* of which Prindpal and Surety bind themselves, their hairs, executors, administratdrs,' successors and assigns, jointly and severally. The liability of Surety under this std Bond shall be limited to the penal sum of this Oki Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, inducting sales tax and is submitted by Prindpal to Owner in connection with a Proposal for 5829 So. 14O Bt. Demolition, Project No.10901301, accords to the terms of the Proposal and Bid Documents. Now therefore, rri, if the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persona performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, than this Bid Security shall be released: otherwise It shall remain in full force and effect and Prindpal shall forfeit the Bid Deposit or Surety shall Immediately pay and forfeit to Owner the amount of the Bid Bond, as penally and liquidated damages. The obligations of Surety end its Sid Bond shall be to no way impaired or affected by any extension of time within which Owner may accept bids,; and Surety does hereby waive notics of any such extension. Signed and dated this 5th day. of November PACIFIC NOR,�S EARTHW9{S, LLC of Authorized Official Title Name and address of local office of agent anddbr Surety Company: Bond No. 70825626 81D SECURITY 20 09 WESTE N,UREIY COMPANY Surety ay P -5 7 Attorney In Fact (Attach Fsr of Attorney) Galen B. iyaaaras WESTERN SURETY COMPANY 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Surely companies executing bands must appear o the cement Aufhodxed tn,9urance List tit the Stele of Washington Per Section 1-02.7 of the Standard 4secbficetkosc 1 11/04/2009 WED 07:39 [TX /RX NO 5350] a003 1 CNA 11/4/2009 9:40:03 AM PAGE 2/005 Fax Server Bond No. 70825626 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company does by these presents make. constitute and appoint Galen F. Madaras its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for Principal. Pacific Northwest Earthwcr ;s, LLC Obligee City of Tukwila Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the Pre sident, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Direct]ro may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2 01 0 but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T Bruflat. and its comwittowl to be affixed this 5th day of November 2009 STI .NaF CI TA COUNT Y !A11A I ss On this 5 th day of Ncverrber in the year 2009 before rue, a notary public, personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. Form F5306 -9 -2006 Western Surety Company %%%%%~%..4 } D. KRELL 1 NOTARY PUBLIC SOUTH DAKOTA 5 4 My Commission Expires November 30, 2012 POWER OF ATTORNEY CERTIFIED COPY Paul T. Bruflat/Senior Vice President SURETY COMPANY I the undersigned officer of Western Surety Company, a stock corporation of thc State of South Dakota, do hcrcby certify that thc attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5 th day of Novemoer 2009 !Notary Public South Dakota February 5 Paul T Bruflat Vice President 11/04/2009 WED 07:39 [TX /RX NO 5350] 0002 CNA 11/4/2009 9:40:03 AM PAGE 4/005 Fax Server STATE OF Washington COUNTY OF Kina Form 106-4 -2000 SS ACKNOWLEDGMENT OF SURETY (Attorney -in -Fact) Bond No. 70825626 On this -111 day of )10A-y) A /-e A_2 cl2OO before me, a notary public in and for said County, personally appeared C4a 1 Pll R Mada ras to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Galen Et. Madara.s acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Bellevue Washington t e day and year last above written. My commission expires 0,' otary Public 6uc AlpP OE WitS0 11/04/2009 WED 07:39 [TX /RX NO 5350] Q004 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 (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 5829 So. 140 St. Demolition, Project No.10901301. d and sworn to aueuc 4, l W,a���%. to To report bid rigging activities call: NOTARY NON COLLUSION DECLARATION W: \PW Eng\PROJECTS\A- BG Projects\10901301 Demo at 5829 S 140th SOContract Provision 10- 16.09.doc Plc- NORTwEsT 2Tt4ozOPKS L.L, C-, irm L �g�5ture of Authorized Official 7ta/L._ Title 3f day of r �l eAJ, 20tq. Sig of Notary Pu.Iic �h or the State of Wasliington, residing at V NOTICE TO ALL BIDDERS P 6 1- 800 -424 -9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. License Bond Registration No. CA2` c4 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: '1ACJEtc_ F D-IUJc R1-C L L, Address of Bidder: 4 2k:O :A3 z o ALA L Rr✓s}c /35 e4ti eta City State Zip Code Contractor's License No. FiltAFNP143LE WA State UBI No. Cr37- 4x` Z3 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 Lono With Bidder Dept. of L &I Worker's Comp. Acct. No. 14, c>0 Bidder is a(n): 0 Individual 0 Partnership 0 Joint Venture IB' Incorporated in the state of L3-) A List business names used by Bidder during the past 10 years if different than above: N /A Bidder has been in business continuously from 6 Year Bank Reference .&liV t OF 7 E/Z11 R 40.2,&604- Bank Account Officer Officer's Phone No. No. of regular full -time employees: Number of projects in the past 10 years completed: ahead of schedule on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 4 years. As a subcontractor for iI /A years. vt -r ZS'. S.`:'P ,4,t1 IOEJUT 4 It' Z ifZtkVx%lc t=cl E1 tW i(- Pi Alg OcAs;.:/t1 c Utz 2 W:PW EngPROJECTS.A. BG Projects \10901301 Demo at 5829 S 140th StlContract Provision 10.16- 09.doc P -7 Responsible Bidder Determination Form P-8 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? Yes No Surveyor's Name: ?kJ/ I 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. Bidder must have at least 10 years experience in the demolition of buildings with asbestos and lead paint in them. Year Contract Proiect Name Completed Amount Owner /Reference Name and Phone L 1� lZ List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Total Claims Amount of Contract Arbitrated Settlement Amount or Litiaated of Claims IVA Name of Client and Proiect Has Bidder, or any representative or partner thereof, ever failed to complete a contract? Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? o Yes If yes, please state: W:WW Eng1PROJECTSW- BG Projects110901301 Demo at 5829 S 140th StlCantract Provision 10- 16- 09.doc Responsible Bidder Determination Form P-9 Proiect Name Has Bidder ever been found guilty of violating any State or Federal employment laws? Flo Yes If yes, give details: Has Bidder ever fit for protection under any provision of the federal bankruptcy laws or state insolvency laws? o Yes If yes, give details: as any adverse legal judgment been rendered against Bidder in the past 5 years? Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or oth r surance company for accidents resulting in fatal injury or dismemberment in the past 5 years? No Yes If yes, please state: Date The undersigned warrants under penalty of P accurate to the best of his /her knowled all information contained herein. Signature of Bidder Title: W1PW Eng1PROJECTS1A- BG Projects110901301 Demo at 5829 S 140th StlContracl Provision 10.16- 09.doc Contracting Party Bond Amount Type of Injury Aaencv Receivina Claim hat the foregoing information is true and gned authorizes the City of Tukwila to verify Date: il// 7 P -11 PROPOSED SUBCONTRACTORS Name of Bidder ?kJ F1 L-- J+ OC7 ftl 7 f{L) L L, L C„ In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which altemate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. 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 t Schedule /Bid Item Numbers of Name Subcontractor will perform Total Bid W: \PW Eng\PROJECTSW BG Projects\10901301 Demo at 5829 S 140th S(\Contract Provision 10.16.09.doe To the Mayor and City Council City of Tukwila, Washington PROPOSAL (lump sum firm fixed price) P -1 Contractor's Name PAC■FIC_ 1EA T EARTHWORKS L.L,C, Contractor's State License No. ac.i Fwect43Llr City of Tukwila Project No. 10901301 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 5829 So. 140 St. Demolition, which includes, but is not limited to: Demolition of the building and associated structures at 5829 So. 140 St., Tukwila, WA, 98168. The work shall include, but not be limited to, the demolition of the house and shed; removal of asbestos, lead paint and items within the buildings; erosion control; trench safety systems; capping of sanitary sewer connection, installation of 225 LF of HESCO wall system provided by the owner with contractor supplied sand, labor, equipment, sand bags and associated work as further specified and shown in the contract provisions. As evidence of good faith, (check one) /aid bond or cash, cashier's check, 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 Payment and 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 Physical Completion of all Work in all respects within 15 calendar days from the date stated in the written Notice to Proceed. If the work is not 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 Physically 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. W:\PW Eng\PROJECTSW BG Projects \10901301 Demo at 5829 5 140th St\Contract Provision 10- 16- 09.doc 1. 2. 3. 4. Proposal P 5829 So. 140 St. Demolition Project No. 10901301 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Show unit prices in both words and figures (ink or typed), and where conflict occurs, the written or typed word shall prevail. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Item No. Item Description DEMOLITION ALL WORK tGLtvreSu Ttt0VDAViQ stx tlhvolouz, 'CA 4 One Thousand and 00/100 Dollars Quantity Unit Unit Price Amount 1 LS and et' /100 Dollars W:\PW Eng\PROJECTSW- BG Projects \10901301 Demo at 5829 S 140th Srcontract Provision 10- 16.09.doc tom# t 660"' tai L 6-0 Trench Excavation Safety System 1 LS 2F414) and 0 /100 Dollars Unforseen Utility Conflict Resolution 1 FA 5,000.00 5,000.00 Five Thousand and 00/100 Dollars Miscellaneous Work and Restoration 1 FA 1,000.00 1,000.00 Subtotal 2.o o So State Sales Tax 9.5% I w qiv 1 TOTAL PROJECT COST i l t 1S Proposal P -3 Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard copy bid form Project Name, Schedule Name, column headings in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the Bid form which acknowledges the Bid Guaranty, Time of Completion, all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two. unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print -out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print -out. (YOUR FIRM'S NAME) acknowledges and agrees that the total ount shown will be read as its total bid and further agrees that the official total Bid amount will b- ermi =d by multiplying the unit Bid prices shown in this print -out by the respective estimated qu jes sho on the Bid form then totaling all of the extended amounts. Date: 1 i /3 law By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. 1 2 Bids Submitted on Computer Printouts Date of Receipt Addendum No. 3 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 Bidder 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 Payment and Performance Bond is W: \PW Eng\PROJECTSW BG Projects \10901301 Demo at 5829 S 140th St\Contract Provision 10.16- 09.doc R.. Proposal p-4 CN A SORETY (Name) Bidder: Signature of Authorized Official: Printed Name and Title: "TAAL R-�d Address: pC, x 3Sl g/ 7L 1 )JA 98aL4- Circle One: Individual Partne a'• State of Incorporation: LUA Joint Venture Corporation Phone No.OL5U2 OBr1 Date: I 1 /3 b9 This address and phone number is the one to which all communicat 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 either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. W:1PW Eng\PROJECTSVI- BG Projectsl10901301 Demo at 5829 S 140th SAContract Provision 10.16.09.doc of Cini 1X �AItS S� (Address) 1 Ie C'1" C— A2'Tl�lf )ORKS L,L,�' CNA 11/4/2009 9:40:03 AM PAGE 3/005 Fax Server of Authorized Official Toe Name and address of focal office of agent and/or Surety Company; Bond No. 70825626 BID SEGURI TY P -5 Bid Deposit: The ur dersigned 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 5% of amount bid dollars 5% of amt. bid -OR- M! Bond: The undersigned, Pacific Northwest Earthworks, LLC (Primal), and WESTERN SURETY COMPANY (Surma, are held and firmly bound unto the City of Tukwila (Owner) to the penal Sum of 9% f rp ,pt dollars 5% of amt. oic which for thepayrrtsftt of which Prfndpat and Surety bind theinselVes, their. heirs, executors, administrators; succ,esaert and asks, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Rd Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, Including sales tax and la submitted by Prindpel to Owner in connection tion with a Proposal for 5829 Sex 14O'' St Dannalftlon. Project No.10901301, according to the terns of the Proposal and Bid Documents. Now therefore, a, if the Propra*l is rejected by Owner, or b. K the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner In accordance whh the terms of the Proposal and shall furnish a bond for the faithfi. performance of said Project and for the payment of all parsons performing labor or fUmishing materials in comedian mil, with Surety or Sureties apprmved by Owner, than this Bid Security shall be released; otherwise It shall remain In full force and effect and Prindpal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bard, as penalty and liquidated damages. The obligations of Surety and its Hid Bond shalt be in no way Impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby wad notice of any such extension. Signed and dated this 5th day. of November PACIFIC 1O19 S EAR`IHIn its, LLC .2009 WESTERN Y COMPANY Surety Sy /Y�G1.6 Attorney In Fact (Attach Fbsier of Attorney) Galen B. Ivladaras WES1 P.AN SURETY COMPANY 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Surety corps!** executing bonds must appear on the current Authorized tn,surance List In the Stele of Washin per Section 1 of tlhe Standen[ 4pecificaf/Or 1 11/04/2009 WED 07:39 [TX /RX NO 5350] 1l003 CNA 11/4/2009 9:40:03 AM PAGE 2/005 Fax Server Bond No. 70825626 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company does by these presents make. constitute arid appoint Galen E. N_adaras its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for Principal Pacific Northwest Earthwcr s, LLC Obligee City of Tukwila Amount: and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations Said appointment is made trader and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2 01 0 but until such time shall be irrevocable and in full force and effect In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T Bruflat. 5th day of November 2009 and its cory to be affixed this s rR Ns,. ST O).11.QT,IT1 O`PA ss coUNfi.f AHa On this 5th day of Form F5306 -9 -2006 Western Surety Company $500,000.00 "tr POWER OF ATTORNEY CERTIFIED COPY February 5 Paul T Bruflat/Senior Vice President November in the year 2 0 0 9 before me, a notary public, personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. KRELL f a NOTARY PUBLIC sEL f f SOUTH DAKOTA r My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set, forth in the Power of Attorney is now in force In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5 th day of Novemoer 2009 Notary Public South Dakota SURE COMPANY Paul T Bruflat/6enior Vice President 11/04/2009 WED 07:39 [TX /RX NO 53501 J002 CNA 11/4/2009 9:40:03 AM PAGE 4/005 Fax Server STATE OF COUNTY OF My commission expires /a /c Form 106-4-2000 Washington Kincr SS On this 4 day of )1 J v O0 before me, a notary public in and for said County, personally appeared CTa 1 an R. Ma da ra to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Galen B. Madaras acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Bellevue Washington r t e day and year last above written. ACKNOWLEDGMENT OF SURETY (Attorney Fact) Bond No. 70525626 otary Public /07 MCC '�ii mip NOTARY PUBLIC ,p was 1 11/04/2009 WED 07:39 [TX /RX NO 5350] 01004 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 (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 5829 So. 140 St. Demolition, Project No.10901301. Sig My -d and sworn to •etore %11i of Notary Pu.lic NOTARY -4 S is MOW e I i9► NII /1 To report bid rigging activities call: NON COLLUSION DECLARATION W:1PW Eng1PROJECTSIA• BG Projects110901301 Demo at 5829 S 140th St \Contracl Provision 10- 16.09.doc &Plc- Noe -hu iE r 2Ti40. L•L, c irm "rot ture of Authorized Official Title 3__ day of J, 20 O. or the State of Wa' ington, residing at /a a8 a NOTICE TO ALL BIDDERS P -6 1- 800 -424 -9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Name RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: 1 AC.w.tL RtILTIA1uES i EA2T/- /WbR! -(S c_ Address of Bidder: 42(00 2S3/Z:3 ALE_ 4 1' 6. gGk 357 ill CITY LL)A 4� 4 City State Zip Code Contractor's License No. j CAPNR _94SL WA State UBI No. 63Z- (c 52.3 Dept. of L &I License Bond Registration No. G4V Worker's Comp. Acct. No. N4(, B59 acs Bidder is a(n): D Individual 0 Partnership 0 Joint Venture Incorporated in the state of Wk List business names used by Bidder during the past 10 years if different than above: N /A Bidder has been in business continuously from Year Bank Reference pF Bank Account Officer Officer's Phone No. No. of regular full -time employees: 5 Number of projects in the past 10 years completed: t'' ahead of schedule on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 4 years. As a subcontractor for M/A 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): MARK_ C(Lftv `CLS FcALEAtiv 4 wi RZK Doi l 1 /ipx/Ak 2 W:PW EngPROJECTSW- BG Projects110901301 Derno at 5829 S 140th SfContract Provision 10.16- 09.doc Title How Lona With Bidder P -7 Responsible Bidder Determination Form P-8 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? Yes No Surveyor's Name: A 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. Bidder must have at least 10 years experience in the demolition of buildings with asbestos and lead paint in them. Year Contract Proiect Name Completed Amount Owner /Reference Name and Phone CI to5sk pt ct ZS /?ave> o *9 Name of Client and Proiect 7VA /3 n- List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Has Bidder, or any representative or partner thereof, ever failed to complete a contract? No Yes If yes, give details: Has Bidder ever had any PaymentlPerformance Bonds called as a result of its work? r o Yes If yes, please state: W:\PW Eng\PROJECTSW- 90 Projects \10901301 Demo at 5829 S 140th St\Contract Provision 10- 16- 09.dac Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Responsible Bidder Determination Form P-9 Proiect Name Has Bidder ever been found guilty of violating any State or Federal employment laws? to Yes If yes, give details: Has Bidder ever fit for protection under any provision of the federal bankruptcy laws or state insolvency Taws ?o Yes If yes, give details: k any adverse legal judgment been rendered against Bidder in the past 5 years? o Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or oth r surance company for accidents resulting in fatal injury or dismemberment in the past 5 years? No Yes If yes, please state: Date Signature of Bidder The undersigned warrants under penalty of P accurate to the best of his /her knowled all information contained herein. Title: Date: W1PW Eng1PROJECTSW- BG Projects11 0 9 01 3 01 Demo at 5829 S 140th St■Contract Provision 10.16- 09.Ooc Contracting Party Bond Amount Type of lniuu Aaencv Receiving Claim hat the foregoing information is true and gned authorizes the City of Tukwila to verify Responsible Bidder Determination Form PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE I YEAR I CONDITION I OWN /RENT ,A.7 93a Ptz-- (9 9re_ Labor to be used: _/l LWi2 l't.- ScJ fi ILF�/1 �2t W:1PW Eng1PROJECTSM- BG Projecls110901301 Deng at 5829 S 140th St1Contract Provision 10- 16- 09.doc PAciRc Al T rri a iZA.s Name Bidder Sig ure of Authorized Official Title P -10 PROPOSED SUBCONTRACTORS Name of Bidder (F1 C_ WC 34-0 J (�C7 71 2)vf S' L C, In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. 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 P -11 Schedule /Bid Item Numbers of Name Subcontractor will perform Total Bid W \PW Eng1PROJECTS' A- 8G Projects \10901301 Demo at 5829 S 140th St1Contract Provision 10.16- 09.doe