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HomeMy WebLinkAbout15-112 - McCann Construction Enterprises, Inc. - Duwamish Gardens Habitat Project15-112(d) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 4 DATE: January 26, 2017 PROJECT NO.: 90630102 PROJECT NAME: Duwamish Gardens Restoration Project TO: McCann Construction Enterprises, Inc. BUDGET NO.: 301.98.594.760.65 00 CONTRACT NO.: 15 -112 (60 Sheet 1 of 1 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, are 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Date 1 h .i /1/7 By Origi of Contract (without tax) Contractor Road Construction Northwest, Inc. Title Jeffrey M. Kanyer, President $ 2,235,020.05 A/ APPROVED BY THE CITY OF TUKWILA Previous Change Order $ 18,888.31 k Date This Change Order (without tax) $ 0 ✓ By REV. CONTRACT AMOUNT $ 2,253,908.36 Original Contract Time: 390 Calendar Days dditional Contract Time for this Change Order: 0 Days pdated Contract Time: 390 Calendar Days -ii ttIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File F-e.-bt- 3> 2-D I-7 City Engineer cc:_ Finance Department (w /encumbrance) Project Management File d � o? (ILl ru,9-ex (1 1/2014) EXHIBIT "A" CHANGE: The Contractor is requesting a reduction in the required apprentice utilization labor hours from 10% to 7% of the Contract's total labor hours. This request is in accordance with specification section 1- 07.9(3)D.3.1 of the Contract. The Contractor stated that trucking (picking up and hauling excavated soils to an offsite location) has accounted for roughly 20% of the total project hours, and that the two trucking subcontractors do not allow apprentices to operate their dump trucks for public safety and liability reasons. Discounting the trucking hours, the Contractor's total apprentice utilization rate for non - trucking Contract hours is 10.1%. COST AND TIME CONSIDERATIONS: There is no fiscal impact associated with this change. 15- 112(c) Council Approval N/A CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 3 DATE: January 26, 2017 PROJECT NO.: 90630102 PROJECT NAME: Duwamish Gardens Restoration Project TO: McCann Construction Enterprises, Inc. BUDGET NO.: 301.98.594.760.65.00 CONTRACT NO.: 15 -112 C &) Sheet 1 of 1 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, are 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Date 1 /2.7 / 11 Contractor Road Construction Northwest, Inc. Me &i.i. &AS By /; f� Title Jeffrey M. Kanyer, President $ 2,235,020.05 �/ APPROVED BY THE CITY OF TUKWILA $ 20,000.00 ^' Original Contrac ithout tax) Previous Change Order 61 iox� This Change Order (without tax) REV. CONTRACT AMOUNT Date rt'brik 3 , 2-6 17 $ ($1,111.69) 1 By a') Kt_ $ 2,253,908.36 . Original Contract Time: 390 Calendar Days Additional Contract Time for this Change Order: 0 Days ,,Updated Contract Time: 390 Calendar Days b IGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File City Engineer cc: Finance Department (w /encumbrance) Project Management File (11/2014) EXHIBIT "A" CHANGE: This Change Order provides modifications to three (3) Lump Sum Contract items as described below, resulting in a reduction in the Contract amount. Two bid items — `Metal Inlay (BI 43)' and `Park Sign Etching (BI 46)' — are being modified because of the delay in park naming. We have directed the Contractor to not fabricate and install the words, `Duwamish Gardens' as part of the Metal Inlay, and have eliminated the engraving of the park name on the park sign boulder. It is anticipated that the park name will be located in the inlay and on the sign boulder at a later date. The specified irrigation controller (BI 69) is to be replaced with another controller that is battery - powered and is preferred by the Tukwila Parks and Recreation Department. This Change Order will formalize the above - mentioned changes and modify the Contract amount as stated below. COST AND TIME CONSIDERATIONS: This Change Order decreases the Contract amount by $1,111.69, from $2,255,020.05 to $2,253,908.36. The project contingency remains at $224,734.2.0. Metal Inlay (BI 43) ($536.75) Park Sign Etching (BI 46) ($2,150.00) Irrigation (BI 69) $1,575.06 Total ($1,111.69) CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 2 DATE: November 4, 2015 PROJECT NO.: 90630102 PROJECT NAME: Duwamish Gardens Restoration Project TO: McCann Construction Enterprises, Inc. BUDGET NO.: 301.98.594.760.65.00 CONTRACT NO.: 15 -112 b) Sheet 1 of 1 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, are 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Dat By Original Contrac(wi Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Contractor McCann Construction Enterprises Inc Title Jeffrey M. Kanyer / President $ 2,235,020.05 APPROVED BY THE CITY OF TUKWILA $ 20,000.00 Date $ 0,000.00 By $ 2,255,020.05 Original Contract Time: 390 Calendar Days Additional Contract Time for this Change Order: 0 Days Updated Contract Time: 390 Calendar Days City Engineer % f f /6fir ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w /encumbrance) Project Management File /51-di (AZI6(709-(A (11/2014) EXHIBIT "A" CHANGE: This Change Order shifts the specified Suspension of Work period from October 1, 2015 - March 31, 2016, to September 23, 2015 - March 23, 2016, since the Contractor finished the scheduled 2015 (Phase 1) construction work on September 22nd, eight (8) calendar days ahead of the start of the Suspension of Work period. This timing change comes at the request of the Contractor, would also like to resume 2016 construction work (Phase 2) eight (8) calendar days ahead of April 1. This specified Suspension of Work period is stated in the Information for Bidders section 5, "Special Schedule Considerations /Sequencing of Work ", 2nd bullet. The Contractor was able to activate the Suspension of Work period when all of the construction work could not be physically completed in 2015. No applicable law or permit condition will be violated as a result of this shift in the Suspension of Work period. The execution of this Change Order will not amend the Contract time of 390 calendar days. COST AND TIME CONSIDERATIONS: This Change Order does not change the Contract cost or duration. Only the Suspension of Work period will be shifted by 8 calendar days ahead. CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 1 DATE: November 4, 2015 PROJECT NO.: 90630102 PROJECT NAME: Duwamish Gardens Restoration Project TO: McCann Construction Enterprises, Inc. BUDGET NO.: 301.98.594.760.65.00 CONTRACT NO.: 15 -112 Ca-) Sheet 1 of 1 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, are 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. CHANGE: See Attached Exhibit "A" 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. ACCEPTED: Date By II— i`B —1 Original Contra t (without tax) Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT Contractor McCann Construction Enterprises Inc Title Jeffrey M. Kanyer / President $ 2,235,020.05 APPROVED BY THE CITY OF TUKWILA $ 0.00 Date $ 20,000.00 By $ 2,255,020.05 Original Contract Time: 390 Calendar Days Additional Contract Time for this Change Order: 0 Days Updated Contract Time: 390 Calendar Days °g.4 City Engineer4R4L (- i Il(((( ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w /encumbrance) Project Management File % 6:0/0- c2 o ?Z(6 "/V (11/2014) EXHIBIT "A" CHANGE: This Change Order creates a new Bid Item called, "Minor Change ", which will allow for payments or credit for minor changes as defined in Section 1 -04.4 (1) of the WSDOT Standard Specifications 2014 version. The new item is described as follows: Item No. Item Description Qty Unit Unit Price Amount CO #1 Minor Change 1 FA $20,000.00 $20,000.00 COST AND TIME CONSIDERATIONS: This Change Order increases the Contract amount by $20,000, from $2,235,020.05 to $2,255,020.05. There is no change to the Contract time. r,. � f C-1 AGREEMENT FORM 15_112 CONTRACT NO. Council Approval 5/18/15 THIS AGREEMENT is made and entered into on this /0 day of June , 2015 , by and between the City of Tukwila, Washington ("Owner) and McCann Construction Enterprises, Inc. ("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 DUWAMISH GARDENS HABITAT PROJECT, Project No. 90630102, 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. Owner shall pay Contractor at the unit and lump sum prices, and by force account 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 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 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 McCANN CON .TRUCTION ENTERPRISES, INC. (Owner) / (Contra atElk- - I"(By: !AI i By: Ma, //� Title: Jeffrey Kanyer/ President Attest: F^� Attest: This 10 day of t�, , 20/5_ This day of ✓ , 201. City le Approved as to Form: Contractor's License No. �, ,�� . Lo..,—_ MCCANTE979K3 itWA ttorney Address for giving notices: Address for giving notices: (0300 560Akr-ew ( J►VG S.re SOU PO Box 481 WA- t&(&&. Renton, WA 98057 /6/ aJ a C /67/V4-(-S C-2 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. S417056 We, McCann Construction Enterprises, Inc. , and Employers Mutual Casualty Company , (Principal) (Surety) a Iowa 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 Two Million Four Hundred Forty Seven Thousand Three Hundred Forty Six and no/100ths Dollars ($2.447.346 00 ), 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 Payment and Performance Bond 's provided to secure the performance of Principal in connection with a contract dated i f7 , 20j , between Principal and for a project entitled DUWAMISH GARDENS ABITAT PROJECT, Contract No. 1.5112 ("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 Payment and 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. This bond shall remain in effect for one (1) year after Final Acceptance of the Contract at ten percent (10%) of the Total Bid Price, including sales tax, to insure against all defects and corrections needed in the material provided or workmanship performed. The liability of Surety shall be limited to the penal sum of this Payment and 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 Payment and 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%). Payment&Performance Bond C-3 If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Payment and 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 Payment and Performance Bond without the prior written consent of Surety. This Payment and 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 2nd day of June , 2015 . McCann Constr tion Enterprises, Inc. Em.oyers Mutual Casualty Company. r %ipal' ) Suety Signaty 0 ' thoriz sfficial Signature of Authorized Official' Jeffre .Kanyer,President By Cynthia L. Jay Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Propel Insurance agent and/or Surety Company: 925 Fourth Avenue, Suite 3200 Seattle, WA 98104 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. City of P:\Duwamish Gardens\Specs\100%\Bid forms\01a-2010BoilerplateBidFormset-UNITPRICE 061510 2015-03-04.docx(2/14/02)gj 200_ THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER , EMC ^' INSURANCE P.O.Box 712•Des Moines,IA 50306-0712 I o. B07337 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BINDER,ALICEON KELTNER its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1,2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writirigs obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attomeys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 20th day of JANUARY 7 , 2015 A /// Seals /�� %�G% ,."co11NSUggi, „00,,,OO,,,,,L,,.,i P• ;Y,a;,,gs, Bruce G.Kelley, hairman Michael Freel (,:. pP0g4r�';c�-; 2.- 8,z,,OpPORgr�,, of Companies 2,3,4,5&6;President Assistant Vice President i•;,;;;;.-- '' °-p 1953°; - of Company 1;Vice Chairman and :a- SEAL D;: -.- 1863 :o :,: CEO of Com an 7 • * IOWA*,,,‘s •,'0/4'n,• s',',` `,• *IOWA*os "'" On this 20th day of JANUARY AD 2015 before me a ``NSURANOF"�, .`�„NSURAN',,, ` UTUA[""' Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Michael Freel, �F , �^ ,,,,, ry , P Y PP Y c,• 0 v00 °o,s .,k.`0,00�•,0 :`N�;`'eo "s� who,being by me duly sworn,did say that they are and are known to me to be the Chairman, y 9' ° 4, °� q, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, =UP;c. "='v- =0 "..ss ..O z° `..rim SEAL;< :4 SEAL _� ``= W SEAL.:.0; respectively,of each of The Companies above;that the seals affixed to this instrument are the tioq �o�P;; \ ,P seals of said corporations;that said instrument was signed and sealed on behalf of each of the IowA , TN DA ''',4%MOINES• Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley "" """" and Michael Freel,as such officers,acknowledged the execution of said instrument to be the N-‘ z.., voluntary act and deed of each of the Companies. S' MUTU4 s�9 My Commission Expires October 10,2016. • a , m ,s • KATHY LYNN LOVERIDGE • n V -Commission Number 780769 �U c) o� My Commission Fires V t s A P O. October 10,2016 Nota Public i and for the State of Iowa �'��"ES'�o�' CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attomey issued pursuant thereto on JANUARY 20,2015 on behalf of: CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BINDER,ALICEON KELTNER are true and correct and are still in full force a d effect. In Testimony Wh I have subscribe my name and affixed the facsimile seal of each Company this day of lit. n.1L_ ,,,r)/S V-- i "( Vice President 7832(1-14) "For verification of the authenticity of the Power of Attorney you may call (515)345-2689." P-1- , PROPOSAL (unit price) Contractor's Name McCann Construction Fnteiprises, contractor's State License No:A CC AAITE"9 7T d(3 City Of Tukwila Project No. 90630102: To the Mayor afici 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 DUWAMISH GARDENS HABITAT PROJECT,which project includes but > ie,not limited to,: Construction of approximately 3 acres of shoreline habitat restoration and public park imprOvenients. alobg. the -DOwatnish Rivet. The project includes but is not limited to EXCAVATION;-EROSION CONTROLS; IN-WATER WORK; GRADING; HAULING'EXCESS SOIL INCLUDING CONTAMINATED,SOIL; ,CULTURAL RESOURCE PROTECTION, PROTECTION OF EXISTING:FACILITIES INCLUDING LIGHT RAIL COLUMNS, SIDEWALK AND UTILITIES; MINOR SIDEWALK AND STREET REPAIR; TRAFFIC CONTROL; PLANTING;; LAWN INSTALLATION', IRRIGATION; RAIN GARDEN CONSTRUCTION AND!:STORMWATER'SYSTEM IMPROVEMENTS; BUILDING AND UNDERGROUND STORAGE-TANK DEMOLITION;,CLEARING AND-GRUBBING; SIGNAGE; SCULPTURAL ART INSTALLATION AND INTERPETIVE, SIGNAGE; SITE FURNISHINGS,,SPECIALIZED CONCRETE PAVING, CRUSHED ROCK PAVING,'FENCING,SEAT WALL ,CONSTRUCTION, HABITAT ELEMENTS, :COBBLE AND BOULDER PLACEMENT, HAND- CARRY BOAT LAUNCH INSTALLATION and other work necessary- complete the Work as specified and shown in the contract,Documents. and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which pay/n00\011 be made for said Work, and thoroughly 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 schedule Of rates and prices. The Bidder understands that the quantities mentioned herein re approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check Ohe) 0 bid bond or ID cash, 0 cashier's thedk,"0 certified check, or n postal money order made,payable to the City of Tukwila equal to five percent (5%) of the Total Sid 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 iNotice 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,390: calendar days from the date stated in the written Notice to Proceed, If the 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 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-7 Bids Subnititecton Computer:PtidtoUts Bidders,at their option, lieu of hand writing in the unit in figures in inkionlne:Bieformsabovei may subMitan original co• pUter„printouteneetwitntheirbid as long as the .requfrementaa!reInet:. i Each!sheet of the computer printout:mutt contain the information as shownion!,,the:nard ! oopybidform, Profeot,!!,Name,„.&hedLile Name i colionnbeadingsin the order shown, totetsi etc !".2, The computer printout of the Bid Proposal must have the exact certifiCation,language shown below signed ibythe!appropriate officertf the firm.. a computer,printoUtds,used the bidder must stili,execdtethat portion of the unitprice Bid form Which! acknowledges the Bid:G:Ci6edeity,„TirnedfCOMpletibit arid a,11;.adderidathatrinek hdVebeen it artfiy,$ith&e.sthif)0§are Miiiing!,Ordattif order, the bid Maybe rejected by tf*Owriet: • 1740 unit and lump sum prices shown on acceptable printouts wil[be unit prices used to tabulate the Bid and used in jfärdéd bV7the CiJ in the eiiefit,Of&Mid between the tifb,i!:Uriltaid!Pridegiikilt prevail over th4 extended (Taal)brideS!, If the Bid submitted by the bidder contains 156th th .form on these Bid Proposal sheets and also a computer printout, completed according to the instructions,The unit bid prices shown Ofitheton-IpOter prifitairWiliteriSetita!,!det#eititi:6 th PUtthiebertifiCation OntheraSt Sheetorthe Bid toitnpUterprintotit„andtigit (YOUR NAME).O:ettit&Aht the Unit!PriCeS ahoWnbriAniS-COMPiete!Cd:rtiputdf print-out tde:aft Of th bid iteMS,Contained in this Proposal are the unit and kirnp sum pFices, intended and that its Bid will be tabulated using these unit prices and no:Other, information from this #1ht.611 (YOUR FIRM;NAME)! acknowledges and agreetthatithetatel bid artfo.tint:OOWnWilf::be,:itead,, ,Utotelbidand further agreet!that the offiCiallotaBidtIOUntWilli be deteritinedbYinUltiPiVitiglhe aft BitiPtidea ehown iñthiñMbut'be* • respective eetinlated oLiarititios:06:imrtoriJhe,!:131Cifotrti thentOtaiing alt:'Orthe eXtendedatbOritS;„ Title Qate • ,BY,,Signing bet* Bidder receipt dhd!'!!'ttriderStandihg dirthe following,Addendalo the, (:4409P.9.111P0t, .,Addefidtitit! Addendum ',041-65. Dafe:tifgeteitif , 4 3, 2 NOTE :Faitirolo 0011.01010g0 Ordipt AddeP0a Moybe•s.bontidertict tio an ii.'170.1.-0/01iy'10',itt* .„. Bid.PivosàI.andOwherreseives the:tight-lb detettiiihe Whethet,the'bid*a be di&id-aft& , . By signing tiejow, Bidder ,certifies that Bidder has reviewed the insoraboe:provisions of the 'Bidt provide the requited'.otiVerage, , 01100„Mt09.4 that Owner may reject NO, TheSiffetSt!ConipanyWhiotililltfileniththe teqUited PaPftentand Pe:Mir:Make Bond MPLOy ^a cry A . of Po./io.Ics...31 laft .‘46-tivIA4,49.0 V/14046.67) (v9m0) moorosv) 8 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Eider; McCann Construction Enterprises,Inc. ,/ Signature Authorized Officiak Printed Nanie,and Title: y . Kanyer, President Address: PO 13.60C 440 I e-A/TPA", COA- 80..7 7 CircIé Ohe Ihdividüàl/Paftnershigi 7 State IntefOdeatidit ,.JoritVentpre); Phone Nor: Z./2g 2Z6 23/C=, Date: 2o As— This, eddres:s,arid:001764711/77:ber is the.One to lAtithh all communicaiicos.regarding'this,proppsei;should be sent . . fq:0 ; 1. If:the Bidder is 0:00-.150t.thetehip;;OVA fithl'bathe tjUtirfe fe:V0)1000t0(1;#600$0.1 thLit. execited bra::Pattna, If',the Bidd0r I§':;e;darpdt0tiit, ptOpo-$al Wekeotite0:41 ddijotate',narrieArthe preideht-orVie=president(Or ehytther corporate officer accompanied Wevidence::a0uthohtytd?tigh)„ 2, A act:Mutt be received :left bl0hk.lbiLitbattothylfot:0: biditfetA the(Mbar vill multiply or divide the available entry by the quantity, as applicable,eridOter It on the ItikfkiiTh: there:ifiti ..fhit orffiOfe bid RON ); the it;t4itieef*R1 b f0jettd: Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale p,0 BID SECURITY Bid Deposit: The undersigned Principal hereby, deposits a Bid Deposit*Mt-p.:0j*of Tukwila in the form of a cash *pax certified or cashier's check, or postal money:order in the amount of dollars ($ ), --OA— Bid Bond: The undersigned, . McCann Construction Enterprises, Inc, .(Principal), atil.;..Erriployere Mutual Casualty Company . (Surety), held an firmly book(tote the City of Tukwila (Owner) in the penal ;sum Five Percent(5%) of Bid Amount . . dollars $,5% of Bid Amount koin4110.0:1Ort9:payment of which Principal and Surety bind themselves, their heirs, executors, iadministrators,: successors and assigns) jointly and severally. The liability of Surety under this Sid Bond shall be limited to the penal sum aittitsora, Conditions: The Bid Deposit or Bid Bond shall be anamountnetiesslhan five percent (5%) of the total bid, including sales tax and is g41091404.by Pfinol* to Owner in connection with a Proposal for OUWAMISH GARDENS HABITAT PROJECT Prof. tt No. 90630102 Atedtdifig.tothe terms of the:PTPIPPOLATId PIATPK4rIgnt. Now therefore, a. if the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duty make and enter Agreement With Owner in accordance with The terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing tabor or furnishing materials connection therewith, Stiety'Or Sureties approved by Owner, Mom this Security shall .1* to*A.:0-07: otherwise it*941T remain in full force and 004;and Principal shall forfeit the Bid Deposit or Surety shall immediately bey and forfeit to Owner ftti#. amount Pt the Bid Bond,: pgpgtityArt:d.liquidated The obligatiChS 07$CiteV:41id its Bid EON,shall be in tftt,itioy imparted or affected by eby:OtOttititi: of time within which 40WPW. may accept PIP*4110:Surety does hereby waive notice of any such extension., Signed and dated this 15th tday of April 20. 15 4,00,0■ ■_ McCann Construction Enterprises, Inc. Employers Mutual Casualty Company ,1111%\ tiOp. co\s•********* „..ociiki) -bw<`6,,.•,%, elf . e2t: • • SEAL ,A4t Ortioi*: ..o.y1r)Foot vtlaoowerot :t/o54. Cynthia L. Jay CC 2 Jeffrey M. Kanyer, President qt) Title • d;**R.29 ********d Name and address local office of , Propel Insurance '16.:Z9H11,1•G'‘‘)40 agent and/or Surety Company: 925 Fourth Avenue, Suite 3200 Seattle, WA 98104 Surety opmpgrites,oxec409, bonds must appear on the current Authorized:Insurance List i the Ste of Washington per Section 1-02.7 of the Standard Specifications. Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale THE FACE AND REVERSE OF THIS DOCU ENT HAVE A COLORED FLAG ON WHITE PAPER /EMC P.O.Box 712•Des Moines,IA 50306-0712 No. B07251 INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: • 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BINDER,ALICEON KELTNER . its true and lawful attomey-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1,2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach'the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused,these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 20th day of JANUARY 2015 , 4.01 / 4/1/ ����Seals /� � .`SGO;NSUgq'., ;``�GO M,, ,„ •`Pt V 8,Oq' Bruce G.Kelley,Chairman, Michael Freel �`. op•oRgj,6'7 P`.`oP•os., O' :O�,`°p•oq,,,Sc, of Companies 2,3,4,5&6;President Assistant Vice President y=` -=� j:_ 9 a=z _'_-,= of Company 1;Vice Chairman and Z: SEAL :a: :Z: 1863 :o: :„: 1953 :-,: CEO ofCompany7 '. 2' Iowa ,,..'6.7,:-. ;1..•,,, '.o s Iowa 'O:Yn'.,.,a'. *•70,4 On this 20th day of JANUARY AD 2015 before me a ` sURAN ' `•�NSURAN' ,`0 UAL C' Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Michael Freel, • OVA ,, CFC''' s Q.F. „n..', ''- s„, S�.a,,,"93,': `�p•OR''' o �;gyp•°A,''-Co e •° o- who being by me duly sworn,did say that they are and are known to me to be the Chairman, �'�:I°: :0' -q: ='� p`�^='� President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, W SEAL <= 1 SEAL c< W SEAL°o respectively,of each of The Companies above;that the seals affixed to this instrument are the * •,, Q'•= os „ „\ ,P seals of said corporations;that said instrument was signed and sealed on behalf of each of the ,OwA H DI AK '-',,MOINES• Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley "'" "'" and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTU4(� voluntary act and deed of each of the Companies. $ UTU4�s. My Commission Expires October 10,2016. Z KATHY LYNN LOVERIDGE • x g :41,..Commission Number 780769 o '�' My Commission Evirea .& `sr,i A Q° October 10,2016 Nota Public�r the State of Iowa �/NES,�� CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JANUARY 20,2015 on behalf of: CYNTHIA L.JAY,PEGGY A FIRTH,ERIC A.ZIMMERMAN,JAMES B.BINDER,ALICEON KELTNER are true and correct and are still in full force a •effect. In Testimony Whereof l have subscribe name a d affixed the facsimile al of n G/�! each Company this l.5 day of r• 0 1 a/C Vice President 7832(1-14) "For verification of the authenticity of the Power of Attorney you may call (515)345-2689." P-10 NON-COLLUSION DECLARATION 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 DUWAMISH GARDENS HABITAT PROJECT, Project No. 90630102. ;a a n Construction Enterprises,It r. Name of Firm / Signatur; o- • t•rued' , lel effrey M. Kanyer,President Title Signed and sworn to before me on this /s day of A >a2/L-. , 20 /s. Signature of Notary Public in and for the State of Washington, residing at E 4p� ("4" \\`0 t t r r r„,/� • My appointment expires: C7 . 3 I ” I .`` P n.C,q ti lE SEAL :o �O�Pf, V S6\- : `` •NOTICE TO ALL BIDDERS •srgT 3:3Pg�``�. To report bid rigging activities call: ��/',rrrr�Ftttt�`��\ 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. Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-11 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the info rmaton required Name of Bidder: McCann Construction Enterprises, Inc. Address of Bidder: .Gc)f 98 .v rani (Al,4 ql8 as 7 City State Zip Code Contractor's License No. /l'l CCAN7E 79 K3 WA State UBI No. 002 2-£3G 020 Dept. of L&l License Bond Registration No. S 3S 1 9 3 Worker's Comp.Acct. No. e q42/S-6 Z. Bidder is a(n): ❑ Individual. ❑Partnership ❑ Joint Venture lirIcorporated in the state of &t44 List business names used by Bidder during the past 10 years if different than above:_ Bidder has been in business continuously from 2 CO3 Year Bank Reference BANt7L. , AA EAi/i0 JewsE-A/ 412S- 739 /009 Bank Account Officer Officer's Phone Na No of regular full-time employees: 4/6 Number of projects in the past 10 years completed: _,ahead of schedule 7' on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for / / years, As a subcontractor for // 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 Lona With.Bidder /414 Tr Ma-es r E7Z— PAW. M G 2 Z yief PA a. E/V LE//420 r— dPot tw7 d '� l/ yzr 66- JAN Hoop !_orcemotvell r21 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale P-12 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)? es ❑No Surveyor's Name: , /VQ't(e4*) luve-ipeti& 4% oNG,4LEE72-I£'t 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 working on projects of similar nature and size. Year Contract Project Name Completed Amount Owner/Reference Name and Phone Arricteidsv 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 Name of Client and Project Amount or Litigated of Claims /UDN� HavBidder, or any representative or partner thereof, ever failed to complete a contract? l 'No 0 Yes If yes, give details: HafsBidder ever had any Payment/Performance Bonds called as a result of its work? El No D Yes If yes, please state: Project Name Contracting Party Bond Amount Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Rgvion$11410,13:10der ffrtin p4:0 Ha -t tEll0t)or ::ever been found guilty of violating any $:tate. Federal ortOpymeht '1131tilo :0"Yes Ifyet; i■fe Has Bidder ever file ,-for protection under any Pro140911.;Of the federal',bankruptcy laws or •0410., insolvency N.6 ti Yes,. If yet, give detailta, adverse legal judgment been rendered against Bidder in the past 5 years fflNo 13 Yet: If yes,.4iVatfetailt.::' Has Bidder or any of its employees filed any claims with Washington State Workman's Compensationt ot:,othor:chturride company for accidents resulting•in fatal Nary or dismemberment in.thepesf 5 ypprel' LierNo in:yo If yes,please state Data: :71-Voe A'OeriditR4delVitiei Claim The ,undersigned": warrants under penalty of Perjury that the foregoing information is true and aooutatO to the best of his/her knOW.lecigt. The undersigned authoiiie$,the City of Tukwila to verify all Information contained heAre Sighatt.ite:Of Bidder ; Jeffrey M. Kany-r, ent eef b . 41' 2045— buwarrilifi a-tdi abolfeniiniebkwattitttitiattORitEliel.Mb:: MO.; Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale PROPOSED'EQUIPME NT AND:1AM*SCHEDULE (Use additional sheets if required) Equipment be psed: 'DESCRIPTIONfTYPE YEAR CONDITION OWN/RENT 3S-0 5w-A voti reve_ 2 a 0-7 ; VEY/I gactb Gt.) /./ 2 et/_? tv- 31) EK4Artirvd_s 32d -- /4,0 zeit .20e45 at--&-z_ tematat 2012. 6 you oc RoAo -7-Aoctcs 20-0 7 J D /3.4cr-A- 1-1 E 2oUS y 14 P,4e q 11-.114.0wst ,2acti Oe, /47V 44.)024 7-111uca-s 20/ Labor to be'Lite& Soprivit)T&A/4b--1,,f- Pnit efrvAW Z 1"/ eNcitn/i-n,A.0 / / / 2- I/ 4014'41EitS McCann Construction Enterprises,Inc. (Na• Of Bidder 4. id / ig re 2A •ori±ed Official - ey lekanyer,President Title Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale `P-1 • PROPOSED SUBCONTRACTORS Name:of Bidder McCann Construction Enterprises,Irlc. 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 'i8.106 "R.CW;: and electrical as described in chapter 1.0.28 CIN;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 a'ltemate. Failure of the Bidder to submit as-part of the bid the names of such subcontractors or to name itself `to ;perfor:m 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 permissionof the Cwner:to make any:change:.to:th s Fist:. Percent of total bid:to be performed by Bidder iDlo ScheduleiBid Item Numbers %of Name Subcontractar wilt perform 'Total:Bid McCann Construction Enterprises,inc. /14-Ar/N6 16irr/44r/0n/ Am ComaiT[oN1NA ?Lu.1•431N6 C 4G xn/G. E2 zr 21 64c_ Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale ADDENDUM NO. 1 City of Tukwila, Washington Duwarnish Gardens Habitat Project City Project No.: 90630102 DATE OF ADDENDUM ISSUE: April 3,2015 DATE OF BID OPENING: April 15, 2015 (Revised, see below) NOTE TO ALL PLANHOLDERS: 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 above-named project. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the space provided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal. CALL FOR BIDS 1. Call for Bids, Pagel-1 DELETE the first paragraph and REPLACE with the following: NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Tukwila, Washington at the office of the City Clerk, in Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington 98188, up to the hour of 9:30 a.m. on Wednesday, April 15, 2015. Bids will be opened and publicly read aloud at 10:00 a.m. on Wednesday, April 15, 2015 fon 2. Information to Bidders, Page 1-5 DELETE the following section in its entirety: 7. State Sales Tax(see also APWA GSP 1-07.2 in Special Provisions) and REPLACE with the following: 7. State Sales Tax(see also APWA GSP 1-07.2 in Special Provisions) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to collect State sales tax from the Contracting Agency, according to provisions of State Department of Revenue Rule 170. Note: any, sales tax for purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project, shall be included in the bid item prices. xc: City Clerk Addendum No. l Construction Manager April 3,2015 File: 90630102-10 Page 1 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale PROPOSAL 3. Proposal Pages P-1 through P-6: DELETE Pages P-1 through P-6 and REPLACE with the attached Pages P-1 through P-6. The attached sheets contain the following revision: • A subtotal row • A Washington State sales tax row • A total bid row • Note concerning collection of sales tax • Note concerning determination of low bidder • SPECIAL PROVISIONS 4. Page SP-29: 1-07.6 Permits and Licenses DELETE Paragraph under heading, "Sound Transit"and replace with: Sound Transit has easement(s) in the project area that enables them to have access to its elevated guideway and piers Sound Transit Guideway. The easement has restrictions on guideway clearances and access. The Contractor shall obtain a Link Track Access Permit and comply with the required insurance requirements as stated in the Agreement in Appendix L. 5. Page SP-35: 1-07.18(5)D Coverage for Working On, Over, or Near Navigable Waters DELETE this section in its entirety 6. Page SP-35: 1-07,18(5)E All Risk Builder's Risk DELETE this section in its entirety 7. Page SP-59: 2-05.3 Construction Requirements DELETE the second,third and fourth paragraphs and REPLACE with the following: Contaminated Soil shall be excavated in accordance with Section 2-03 and hauled directly to a U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) Subtitle D landfill selected by the Contractor. Class Il/Ill Soil shall be excavated in accordance with Section 2-03 and hauled directly to an inert waste landfill selected by the Contractor. Uncontaminated soil shall be excavated in accordance with Section 2-03 and hauled directly to a fill site selected by the Contractor. xc: City Clerk Addendum No. 1 Construction Manager April 3,2015 File: 90630102-10 Page 2 or 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale APPENDICES 1. APPENDIX L—Sound Transit Easement Use Letter(When Available): INSERT the attached Agreement between Sound Transit and the City of Tukwila. 2. APPENDIX Q —Washington Department of Ecology Section 401 Water Quality Certification (When Available): DELETE this Page in its entirety Note: The Washington Department of Ecology determined that a Section 401 Water Quality Certification was not required for this project. ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the space provided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal. Sincerely, Iticu Robin Tischmak, P.E. City of Tukwila City Engineer Receipt acknowte f -•, - • conditions agreed to this it day of /4 iiii. ,2015 Bidder ��_<,''�L•�...r�. i• a re xc: City Clerk Addendum No. 1 Construction Manager April 3,2015 File: 90630102-tO Page 3 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale ADDENDUM NO.2 City of Tukwila,Washington Duwamish Gardens Habitat Project City Project No.:90630102 DATE OF ADDENDUM ISSUE: April 9, 2015 DATE OF BID OPENING: April 15,2015 NOTE TO ALL PLANHOLDERS: This Addendum No. 2, containing the following revisions, additions, deletions, and/or clarifications, is hereby made a part of the Plans and Contract.Provisions (Contract Documents)for the above-named project. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall acknowledge receipt and acceptance of this Addendum No 2 in the space provided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal. INFORMATION FOR BIDDERS 1. Information for Bidders, Page 1-2: #2 Examination of Plans,Specifications, and Site ADD the following:. For Bidders' convenience, select cad files have been placed on the City's file sharing web site under the folder, "Duwamish Gardens CAD files_2015-04-08" The web link is: https://cloud.tukwilawa:govfdatafpubliclf3f407.php Bidders shall read the attached disclaimer, "Electronic File Release.doc". The following files are provided. • DG_materials base.dwg • DG_layout base.dwg • DG_grading base.dwg -this is the proposed grading file • DG_survey base.dwg this is the file with existing conditions and topociraphv • DG_soil grid.dwg • XR-CONTOURS_2010_dwg. • XR-SITE_2010.dwg • Electronic File Release.doc • 1251 DTM DUWAMISH GARDENS BASEMAP.dwg — this is the DTM: Note that it includes areas beyond the project area. xc: City Clerk Addendum No. 2 Construction Manager April 9,2015 File: 90630102-10 Page 1 of 4 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale SPECIAL PROVISIONS 2. Page SP-60: 2-05.3(3) Contaminated Soil Transportation and Off-Site Disposal Item 3. DELETE the first sentence and REPLACE with the following: The disposal facilities shall be selected by the Contractor. 3. Page SP-87: 8-01.3(2)B Erosion Control Seed High Marsh Seed Mix DELETE and REPLACE the second sentence of the paragraph with the following: Apply at 1 lb per 1000 sf. 4. Page SP-87: 8-01.3(2)B Erosion Control Seed Low Marsh Seed Mix DELETE and REPLACE the second sentence of the paragraph with the following: Apply at 1 lb per 1000 sf. 5. Page SP-120: Bid Item No. 25—Excavation , Handling and Disposal of Contaminated Soil DELETE the second paragraph in the item description and REPLACE with the following: Note that measurement and payment for excavation of non-contaminated soils is defined under Bit Item 26,"Excavation". 6. Page SP-121: Bid Item No. 26— Excavation DELETE the last paragraph that reads, If the excavation item does not include Haul, then the measurement provisions of Section 2-04 shall apply." 7. Page SP-121: Bid Item No. 27 Cultural Resource Site Excavation DELETE the first paragraph and REPLACE with the following: "Cultural. Resource Site Excavation", per cubic yard. The unit Contract price per cubic yard for "Cultural Resource Site Excavation" shall be full compensation for all costs incurred for excavating, loading, placing, and stockpiling of the material excavated within the Cultural Resource Site in accordance with Project Plans and Specifications, including Appendix N, Duwamish Gardens Archaeological Mitigation and Monitoring Plan for 45-K1-703. DELETE the last paragraph that reads, "If the excavation item does not include Haul, then the measurement provisions of Section 2-04 shall apply." xc: City Clerk Addendum No. 2 Construction Manager April 9,2015 File: 90630102-10 Page 2 of 4 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 8. Page SP-i.22 Bid Item No. 29— Excess Conlin On,EXdaVation:(Inc.,Clatt II niaterial) Haul and Disposal 1DELETE.-and PLACEWit •the following • Excess Common:Excavation (Inc. Class II Material)Haul and Disposal', per cubic yard The unit Contract price per cubic yard for Excess:Common Excavation (Inc. "Class II material) Haul and Disposal Excavation' shall be full compensation all costs incurred for hauling and disposing of the itathilar: ExcaVation, channel eX0eYetfeit, ditch excavation unsuitable foundation eXteVatidn, and common 'borrow items will be measured' by the cubic yard All excavated material will be measured in the position it occupied before the excavatioowgeperfOrthed to determine hecit otlantities.; An 'original ground measurement and. digital terrain :mode:!' will be provided by, the For exotvatiort,Channel eXcaVatiOri, and ditch-excavation items, the original ground be compared with the planned finithedseCtiorts,,to be surveyed :by the Contractor,asthownin the:Plans:. 'SlOpelgrourid intercept poiritS:defining the IiinitS of the. measurement Will be as Staked.. FOr unsuitable foundation excavation and common borrow items,the original ground be compared • • • - • " • • - a,suryoy:of the excavation areataken:afterlho Work is complotocl.„ Note,,,a1t4prv9Y shall be included:under Bid Item,'itontractor$Upplied:$urvey::and:Staking" . .•:, ::„: „ • ••• . ••• page SP-133; Bid lterti. "DELETE and REPt..AQ,EWitn'the Measurement and payment fOr':"Goose Excluder"shall be,periumpsum items to. be :MCILid:6d in the 'bid price shall:hot,neoeSsarlly. be Whited to:eft necessary jotior, and equipment for procurorryont. :hot and ..p)acOrrwrit. of goose excluder• system,,tree ptoteaors and galvanized wire:mesh fencing to the.ffrj h grade elevations-::shown on the'.plans and specified herein:. wT:]:.T777:7'7,:::":*7inirw;Tg5oFjAtioitx:bjdtt7F77'7:: :7F:::E;.:MT:FrF7F'77.:%F1R7,Atrr77;:Zii ,•:&4,4,• ;:;",,, 10;•APPENDIX p—U.S.Arrny:Corps of,Engineers Individual Permtt(WHEN AVAILABLE) DELETE:and REPLACEWitlithe attached Perm it•from-'11S.. Army Corps OfEn.gineers. 11.APPENDIX T Mertiorandiiiii Of Agreement Among the U.S.Ainty'COrOS Of Engineers, the Washington State Historic Preservation Officer and theCityiof:Itikvilla .ADD thiShe4:40Pandii. xc: City Clerk Addendum No. 2 Construction Manager Aprit.9;•2015. .91)0301.0240 Page3 of 4 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale • • 12.Plan Sheet 2 of 28: DELETE Sheet 2 of 28 and REPLACE with the attached Sheet 2 of 28. 13.Plan Sheet 7 of 28: DELETE Sheet 7 of 28 and REPLACE with the attached Sheet 7 of 28. 14.Plan Sheet 13 of 28: DELETE Sheet 13 of 28 and REPLACE with the attached Sheet 13 of 28. 15.Plan Sheet 16 of 28: DELETE Sheet 16 of 28 and REPLACE with the attached Sheet 16 of 28. • 16.Plan Sheet 24 of 28: DELETE Sheet 16 of 28 and REPLACE with the attached Sheet 16 of 28. ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the space provided on the Proposal Signature Sheet or by signing In the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal Sincerely, 0.774 j2040,,ea#4 Robin Tischmak, P.E. City of Tukwila City Engineer Receipt a.. • -died • conditions agreed to this / day of R_ 2015 Bidder Iff• -i•ndture xc: City Clerk Addendum Nn.2 Construction Manager April 9,2015 File: 90630102-10 Page 4 of 4 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale N d p W c N z 92 L O W o O V N k o C O a ov V O N 0 a00 M .2 o00 a) tD Cl c i.- to o o v )n Q C) .or o n C) E 1!) N C N C) V 00 ro 0 . co w F t0 N 0 M to 0 In c, C (D O a7 U Z O N G N 0 N N q9 N 0 m O N O 2 N to V N V <. V N N a) N O o an C c U E c °- c a P-5 . `o m E 2 o a cc 0 o N N N U . 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U o H o.c > a "4W 0 W L o m Ly a o = C y U V V 73 8t E N p N y d m W O m O m m m X o) N q c 2 0 : q m .W N m d m 0 4 N q m 2 . C W a W (Y m h W m d W 6 U m y 1- LL Il 2 K W § co W Em u) 2 y W u_ 2 !I) co) W a. Construction$cCaflfl Enterprises, Inc. "McCann Earthwork and Utilities" Statement of Qualifications McCann Construction Enterprises,Inc. is a corporation formed under the laws of the State of Washington in April 2003.The company operates as an earthwork and utilities contractor and is well organized,capitalized and managed, and therefore it is able to successfully perform the work necessary to complete its projects on a timely basis.The company is internally financed from its capital base and has a sizeable fleet of its own equipment in order to facilitate efficient field operations.Also,the company is signatory to the local Operators and Laborers unions. The principals of this company have an extensive and diverse background in both public and private contracting.Most of the principals have worked together as a cohesive group for many years and they continue to maintain the operations, systems,procedures and controls that have served the group well over time. Below is a brief summary of the qualifications of the principals and other key professionals with the company.If you would like to learn more about these individuals,the company would be happy to supply their detailed resumes. Jeffrey M.Kanyer,President, Secretary,Treasurer,majority shareholder,has over thirty years of experience in executive and financial management and consulting. He has extensive experience in public agency and private contracting,and he has previously held positions of president,vice president of operations and CFO of companies in the construction industry and other industries as well.He has an MBA in Executive Management from the University of Washington.He holds a BA in Business(Magna Cum Laude) from Eastern Washington University and he was a CPA. Paul Engelhardt,General Superintendent,vice president and shareholder,has over twenty-five years of construction experience in the earthwork area. He has experience in both private and public works earthwork excavation and underground utilities.He started in the field as a laborer and operator,and in the past ten years he has worked as a foremen and then superintendent responsible for overall field operations of multiple concurrent private and public works projects. Ty Ribera,Estimator/Project Executive/Superintendent,has over twenty years of construction experience in the earthwork,utilities,street and road areas,both public and private.He has extensive experience as a contractor, including estimator,project executive,superintendent,operator,foreman,etc.on large and small projects in both the private and public sectors,including residential,commercial,WSDOT and other public works projects.Mr.Ribera resides in New Mexico and runs the Southwest operation. Peter J.Kenney,Project Manager,has over thirty two years experience in operations management,estimating,project engineering,project management,IT management and equipment management within the heavy construction industry. He has worked with several construction companies over the years and is very well versed in all aspects of public works and private contracting. He attends local Colleges continuing to expand and stay abreast of project management and IT changes and advancements. He is also vice president and shareholder of Road Construction Northwest,Inc. Gordon Lee,Project Manager&Estimator,has over twenty-five years experience in the construction industry. He has years of both field&office experience supporting his diverse background in construction management including project start-up&scheduling,contract administration,submittals,budgeting,costing,billings,subcontractor coordination,change orders,estimating and final job-closeout. He has years of project management experience in the public works arena,including road construction,heavy civil,earthwork and underground utility projects up to$10 million. Gordon holds a BS in Construction Engineering Management from Oregon State University and a Masters Degree in Engineering Management from Portland State University. McCann Constriction Enterprises,Inc. Page 1 of 2 Statement of Qualifications (425)228-2316 2500 East Valley Rd. C-3, Renton,WA 98057 (425)228-2957 fax Brian J.Menard, Superintendent,has over twenty-five years of experience in the construction industry,starting in his teenage years working with his family's excavation company. From there he moved on to public works excavation and underground utility construction. He started in the field as a laborer and operator,and in the past ten years he has worked as a foremen and then superintendent responsible for overall field operations of multiple concurrent public works jobs. He is extremely well versed in public works contracting and field operations. Scott Fardig,Jerry Sands and Aaron Engel,operating foremen,having a total of over one hundred years experience in large commercial and residential projects. They each have twenty to thirty years of experience in earthwork and/or utilities construction,including at least ten years as a foreman.The all have extensive experience with tight tolerance grades,working concurrently with multiple trades,and engineering techniques. Jeff Stern,Clint Willis,Todd Hopkins,Rich Ford,Anthony Stoltz,Foremen,have over eighty years of combined experience in construction,with most of this in field operations on public works road construction and underground utility projects.Each foreman started their careers as laborers and operators and has now functioned as foremen for five to ten years. In addition,each foreman has project engineering and administrative experience.Mr. Stern holds a BA in Business from Seattle University and Mr. Stoltz holds a BA from Towson State University. In addition to these foremen,the company has a pool of other very qualified and experienced foreman,as well as numerous operators, laborers,flaggers,et al. Mike Middleton,Estimator/Project Engineer has over 19 years working in the engineering/survey field. He has worked on heavy highway,airports,marinas,and conducted hydrographic topography surveys as well as lot surveys to major housing developments. The last 15 years he has been estimating underground utilities for Public and Private construction projects throughout the Puget Sound Area. Matthew Wagester,estimator/project engineer,has over twelve years of experience in the construction industry.He has commercial,private,and public works earthwork and utilities experience.He holds an Associates Arts degree in construction management from Edmonds Community College.He also served in the United States Navy for four years as a Boatswain Mate. Arlene Schuchard,accountant and contract administrator has over twenty-five years of accounting and project administration experience in the construction industry. She has worked for both large and small construction firms and has extensive experience in private and public works project administration. She attended Bellevue Community College and studied business and accounting. As mentioned above,most of the individuals mentioned have worked together as a group for many years. In 2003,the company was formed in order to maintain the group of individuals who had worked together successfully for years. The main group of people referenced above have worked on hundreds of private and public works projects. Attached is a list of the more significant and recent ones. Some of the projects listed were completed by key individuals while working for Road Construction Northwest,Inc.,a non-union company that is related through common ownership. As mentioned above,the company owns a sizeable fleet of construction equipment,including but not limited to various trucks,tractors,trailers,excavators,bulldozers,backhoes,loaders,rollers,truck tractors and truck and trailers as well as related support equipment. In the event a project requires more equipment than what the company owns,then the company will rent the required equipment from either Road Construction Northwest,Inc.,a related company,or from an independent equipment rental company. McCann Construction Enterprises,Inc. Page 2 of 2 Statement of Qualifications (425)228-2316 2500 East Valley Rd. C-3, Renton,WA 98057 (425)228-2957 fax American Surveying and Engineering LLC,dba American Engineering Corporation -- Land Surveyors — - Michael Sjolin, PLS, CFedS Michael has more than Sixteen years of experience in cadastral and topographic surveys and project management. He has vast experience drafting numerous types of survey maps, including topographic, ALTA, condominium, wetland delineation, long and short plats, GIS mapping, and boundary line adjustment. In addition,he is well-versed at preparing various types of legal descriptions and easement documents with exhibit maps using AutoDesk LDD, and AutoDesk Civil 3D. His attention to detail and careful project approach make him a valuable member of AEC's professional team. Michael's experience also includes performing complex boundary computations and construction staking pre-calculations for a variety of different projects in both the private and public sector. He is highly capable and has the experience needed to manage multiple projects from beginning to completion with accuracy and attention to detail, and the ability to maintain required project budgets and time constraints. Throughout his career, Michael has completed many projects within the City of Seattle, including Lot Boundary Adjustments, Short Plats,boundary surveys, topographic surveys, Condominium surveys, ALTA surveys, and construction surveys. In addition, Michael utilizes the DPD website to perform property and document research. Due to his extensive experience, Michael is well-versed with the unique survey methodology and means common to the City of Seattle, as is the case in many areas throughout Puget Sound. Project Surveyor Registration No. 45174 Brett Garr, LSIT, Project Manager Brett Garr, LSIT, has more than Sixteen years experience in the field starting his career as a chainman and working his way up to senior survey party chief at American Engineering. Brett's surveying experience includes many years of field staking of plats, roads, water, sewer and infrastructure. Brett understands exactly what is required to produce the finished products and communicates well with contractors and applies that knowledge in gathering field data. Brett is a major player in the mapping and the collection of field data for all American Engineering projects. He will oversee the work of the survey crew on site to ensure that all necessary data obtained is consistent and correct. American Surveying and Engineering LLC 4032 148"'Ave NE,Redmond,WA 98052 Tel(425)881-7430• Fax(425)881-7731 Rory Allen, Survey Party Chief Rory Allen has more than 7 years' experience in the field starting his career as a chainman at American Engineering and working his way up to survey party chief. Rory understands exactly what is required,to produce the finished products of mapping and site development and applies that knowledge in gathering field data. Rory is a major player in the mapping and the collection of field data for all projects. Rory has always pushed himself to keep up with equipment technology and is constantly working on ways to keep projects within budget while obtaining all the data that is required for the finished product. • American Surveying and Engineering LLC 4032148`h Ave NE,Redmond,WA 98052 Tel(425)881-7430•Fax(425)881-7731