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HomeMy WebLinkAbout25-036 - Contract - Iron Horse, LLC - 2023 Central Business District (CBD) Sewer Rehabilitation Phase 4B25-036 Council Approval 9/16/24 C..� AGREEMENT FORM THIS AGREEMENT is maide and entered into ion this day of 202A byand loetweenthe City of 'Tukwila, Washington ("Clwinei") -and therefore the parties agree asfollow& ("Contractor"), Now, Pr9jecit Contractor shall complete ailworkand furnish -all labor, tools, materialsand f,... forthe prqject entitled 2023 CENTRAL BUSINESS DISTRICT SAiNrrARY SEWER REHABITATION— PHASE 48, Documents, as described in Sectloin 1-042 of the Supplemental General eqfu�reiments. �2 Payments. Owner shall pay Contractor at the unit and lurnp surn prices, and by 'force account �as specified in the Proposal according to the Contract Documents astotirne,, manfler,and condibonof jipayrnent The payments to Contractor lricludethie costs for ail laboir, tools, materlais, and eqUipment for the Work 3, Cornio,lietion I. Contract firne shall commence upoin Owner's Notice to Proceed date The Work under (this Agreement shall be completed within the tirne specified in ;the Prdpos;ai. !If the Work under trills Agreement is notcompleted within the tiime specifieid,, 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, Alttomey'�s iFeles, In 'the event fitilgatlon i's coinrimeinced !to enforce this Agreement, the ofevafling party shall be entitled to recover its costs, iniciuding reasonable attorney's and expertwitness feles 5, Disclaime,r, No liability of Contractor shall attach ;to Owner bson of entering into this Agreement,: except as expressly provided in thls Agree�ment. 6, Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties,, eath of which shallfor all purposes be deernied an original. h v CITY OF TUKV\ALAII WASHINGTON (Owner) --Signed by: —L P ' Attest, Mayor This 14th day of January, 2025 Signed by: ......................................................................................................................................................................................... City C e Approved as to Form: Signed by: Contractors License No .......................................................................................................... E.5E4g9C=T6'ffE45T . . .. .................... City Attorney Address for giving notices: Address for?iving ri 6200 Southcenter Blvd Tukwila. WA 981 38 - 0-, 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 413 Rev 5-13-14 T'Zs'LL) day of A,, , 20 4 C-2 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. 023233019 we, Iron Horse, LLC and Liberty Mutual Insurance Company (Principal) (surety) a MA 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 One Million Three Hundred Thirty Nine Thousand Eighty Three and I8/100*** Dollars ( 1,339,083.18 ), 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 is provided to secure the performance of Principal in connection with a contract dated , 20_ , between Principal and Owner for a project entitled 2023 CENTRAL_ BUSINESS DISTRICT SANITARY SEWER REHABILITATION -- PHASE 4B, Contract No. 91440203 ("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%). 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. 2023 Central Business District Sanitary Sewer Rehabilitation -Phase 4B R:ev 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - AlwayS verify Sca Payment and Performance Bond C-3 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 day of , 20 Iron Horse, LLC Principal Signature of Authorized Official Title Name and address of focal office of agent and/or Surety Company. Liberty Mutual Ins v - I I Y--;_- V 1 L -/-ti -r /- Signature of A@i�Df 1zed Of clal By Kristen Mc_G;aireF ` C - At t o Fla_ Fa (Attach Power o %�ticr',,R�A• HUB International Northwest, PO Box 10167, Eugene, OR 97440 Surety companies executing bonds must appear on the current Authon24ed insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. 2023 Central Business Cistrlct Sanitary Sewer Rehabilitation - Phase 4B Rev 5-13-14 Provided to Builders Exchange of WA, Inc For usage Conditions Agreement see www.bxwa com - Always Verify Scal Liberty mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211095-969225 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the *Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashlce Baumgartner; Tina A Costa, James R Cox, Erik Finrow, David M. Holland Summer Hugh-, Kristen McGillvre ; Dean R. Pollock all of the city of Eu p�ene state of OR each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all underlakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of December , 2023 Liberty Mutual Insurance Company P� lNSrl� PVSY IN SV d Ili The Ohio Casualty Insurance Company A, O1�r �� y`y °jPOF�Sr�y �Vp G0jiP0 'yp West American Insurance Company 19120 1919 vu�1991� 2 w 0 4 O tL�~'PSA CH0e dad Z0 NAMP=a� �s �N°IAO' -da� 9i] * �� til + ► '�M : t By: riavirf NA r:arnv Lecieianf Sar m— of PENNSYLVANIA ty of MONTGOMERY ss On this 13th day of December , 2023 before me personally appeared David M. Carey, who acknowledged himse# to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. q�pytwFST�1 Commonwealth or Pennsylvania - Notary Seal Teresa pestNotary publicrj MonloOmaryCounty I My commission expires March 28, 2025 By: Commission number 1126044 r,V G Member, PervnsylvardaAssociation orNotaries BreSa Patella, Notary Public ARy P+>� This Power of Attorney is made and executed pursuant to and by authority of the following By -taws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV- OFFICERS: Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any rime by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII - Execution of Contracts: Section 5 Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such %mitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if Signed by the president and attested by the secretary Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Uewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of allomay of which the foregoinrq js,a full4true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. �` IN TESTIMONY WHEREOF, I have hereunto set my hand ed the ssai tompa lies this day of Pv tNS(r� �, 4tY INS& -7,- t, 1t4StrR4 o°wP°z'rPG°RP°,¢,T ?•C+ /�� , 12 4319�o - 1991 � 0 By- Yd��,6ACHUS`1 •� Q� PFAMP ''4'o,AP dada� Renee C Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Mi Co 02/21 7+— �'m Q Lo O O L N �00 O N d co L 06 ca — -08 Addendum No. 1 July 1[\2024 Page 1 of 4 CITY OF77KUKWUUA ADDENDUM NO I 04 TO THE PLANS AND SPECIFICATIONS FOR 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — �������� n nux�~�u~ -nu� TO ALL PLANHOLDERS: You are hereby notified ofthe following changes, deletions, additions and corrections tothe plans, specifications, and other documents comprising the contract documents. The following formatting has been used to note deletions (to the original text) and changes/additions to the Contract Documents. • Deletions are formatted asstricken through . w Changes/additions toproject nnanualarefornnattedasunderhned ), wCh itionstop|ansaredenotedvvitharevisionc|oudedand/ortriang|e Q(exampl . 1. CALL FOR BIDS a. THE FIRST FOUR PARAGRAPHS CURRENTLY READ: NOTICEIS HEREBY GIVEN that clearly marked, sealed bids shall be received bythe City of Tukwila. Washington at the Office of the City Clerk, at Tukwila City HeU, 6200 GouthcentgrBoulevard, Tukwila, Washington S01O0.uptothe hour of9:30 a.m. on Thursday, July 11. Bids will be opened and publicly need aloud at 10:00o.nn. on that same day, Thursday, July 11.2O24. Bids can be mailed to Tukwila City Hall OR dropped off -person by 9:30 a.m. the day bids are due. Tukwila City Hall isopen tothe public Mondays through Thursdays, from 8:30 a.m. - 4:00 p.m. Bids may be dropped off otthe front counter at the Office of the City C|arh. located inside Tukwila City Hall. It will be the bidder's responsibility toensure mailed bids are received bvthe City before the submittal deadline. Proposals received later than the submittal deadline will not be 000ecdad. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type ofdelivery service. Foxed or emailed submittals will not be accepted. The public will be able to hear the bids read aloud, via Microsoft Teams or telephone bvdialing (2S3)2S2-975D.Conference |[#:485118363#at1O:O0a.rn.onThursday, July 11.202 for 7/10/2024 6:19 AM \\Conpu*zznm\oe\MxuccrsoxnvJum21-myn$nsomTunCBD SEWER PHASE 4u'Auoswoum1.00cx Addendum No. 1 July 1[\2024 2 Page 2 of 4 2023 CENTRAL BUSINESS DISTRICT (CBC) SANITARY SEWER REHABILITATION —PHASE 4E8 PROJECT NO. 9140203 The Notice to proceed for this project will begiven tothe Contractor ona date agreed upon with the District between July 22, 2024 and January 22, 2025. The Work is to be performed within one hundred (100) calendar days once the Contractor has mobilized their cured -in-place lining equipment to the site consists of furnishing all moteha|s. equipment, tools, labor, and other work or items incidental thereto for: IS REVISED TO READ: NOTICE |SHEREBY GIVEN that clearly marked, sealed bids shall bereceived bvthe City ofTukwila, Washington at the Office of the City Clerk, atTukwila City Hall, 6200 Gouthoenter Bou|nvand, Tukwiks, Washington 98180, up to the hour oƒ9:30 a.mn.mn Thursday, July 18. Bids will baopened and publicly read aloud ot1O:O0o.mn.onthat same day, Thursday, July 18,2O24. Bids can bemailed toTukwila City Hall CJRdropped off -person bv9:30 a.rn.the day bids are due. Tukwila City Hall is open tothe public Mondays through Thursdays, from 8:30 a.m. — 4:00 p.m. Bids may be dropped off otthe front counter at the Dffima of the City Clerk, located inside Tukwila City Hall. It will be the bidder's responsibility to ensure mailed bids are received by the City before the submittal deadline. Proposals received later than the oubnn|tto| deadline will not be accepted. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. The public will be able to hear the bids read aloud, via Microsoft Teams or telephone bvdialing (253)292-S75O.Conference |[#:4G511G3G3#at1O:OOo.nn.onThursday, July 18, 2024 for: 2023 CENTRAL BUSINESS DISTRICT (CBD) SANITARY SEWER REHABILITATION — PHASE 4B PROJECT NO. 9140203 The Notice to proceed for this project will begiven to the Contractor onodate agreed upon with the City between July 29,3O24and January 29,2O25.The Work iohnba performed within one hundred (100) calendar days once the Contractor has mobilized their cured -in-place lining equipment to the site consists of furnishing all rnmteria|e, equipment, tools, |obnr, and other work or itmrna incidental thereto for: 7/10/202 6:19 AM SDB\mxCBD SEWER PHASE 48'xmoENoumI.DOCX Addendum No. 1 July 10, 2024 Page 3 of 4 04 b. THE CONTACT AT THE BOTTOM OF THE CALL FORBIDS CURRENTLY READS: Project Manager: Adib.Altallal@tukvtila.gov IS REVISED TO READ: Project Manager: Adib.Alta Ila I 0_TukwilaWA. gov II. SPECIAL PROVISIONS a. THE FIRST PARAGRAPH OF SECTION 7-10.2(3) CURRENTLY READS: For UV cured liners, the flexible tube shall be designed as per ASTM F2019, Appendix X1, for each pipe segment with the following additional requirements. For UV cured liners, the finished cured -in-place liner thicknesses shall meet ASTM F2019, and the finished cured -in-place liners shall have the minimum required thicknesses, including the non-structural layers (abrasion layer and outer foil) as shown on the plans. IS REVISED TO READ: For UV cured liners, the flexible tube shall be designed as per ASTM F2019, Appendix X1, for each pipe segment with the following additional requirements. For UV cured liners, the finished cured -in-place liner thicknesses shall meet ASTM F2019, and the finished cured -in-place liners shall have the minimum required thicknesses, including the non-structural layers (abrasion layer and outer foil) as shown on the plans. The minimum required thicknesses may be adiusted if the Contractor can justify adjusting the liner thickness based on the flexural modulus and flexural strength of the selected CIPP liner, once the CIPP liner has been approved for use on this proiect. The flexural modulus and flexural strength of the CIPP liner must be verified by independent third party (hired by the product Manufacturer) test data. 7/10/2024 6:19 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 4B -ADDENDUM 1.D0CX Addendum No. 1 July 10, 2024 2 Page 4of4 au Addendum No. I is hereby made a part of these contract documents, and its terms and conditions are fully binding on the p|anho|derand contractor. The contractor shall acknowledge receipt of this Addendum No. 1 by signing in the space provided below and attaching totheir proposal. 0H2 ENGINEERING, INC. By: Kenny Gomez Date: July 10, 2024 Received and acknowledged: Contractor \Y un �n�' LU— 7/10/2024 6:19 Am \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 4B -ADDENDUM I.mocx Information for Bidders The work on this Contract is to be performed upon lands whose ownership obligatesthaContrmctVr to pay State sales ban on portions of the project work and obligates the Contractor to collect State sales tax from the Contracting Agency on other portions of the project, as follows: 2. The provisions of State Department of Revenue Rule 10apply to this project, and the Contractor shall collect retail sales tax from the Contracting Agency. Note: sales tax for purchase or nnnto| of tools, machinery, equipment, or consumable supplies not integrated into the project, shall be included in the bid item prices. 8. Bidding Checklist All bids ehoU be ewbnld±ed on the exact forms provided in these Bid Documents, and listed below. Failure to submit any of these forms is grounds for rejection of the hid. The only exception is if the bidder fo||ovva the directions for Bids Submitted on Computer PhntVuts, following the hid proposal forms. Sealed bids for this proposal shall be submitted as specified in the Call for Bids. Each bid must be submitted inosealed envelope bearing onthe outside the name and address mfthe Bidder, and must be clearly marked with the name and number of the project for which the bid is submitted: BID FOR 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B All bids will remain subject to acceptance for ninety (90) days after the day of the bid opening. Promosal— Bidders must bid on all items contained in the Proposal. The omission or deletion of any bid item will be considered nonresponsive and shall he cause for rejection ofthe bid. Bid Security/Bid Bond—BidBond is tobmexecuted by the Bidder and the surety company unless bid is accompanied by a cash deposit, certified or cashier's check, or postal money order. The amount of this security/bond shall be not less than five percent (5%) of the total bid, including sales tox, if opp||oab|e, and may be shown in dollars. Surety must be authorized to do business in the State of Washington, and must be on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. The Bid Security form included inthese Contract Provisions MUST be used; no substitute will be accepted. If an attorney-in-fact signs bmnd, a certified and effectively dated copy of their Power of Attorney must accompany the bond. The deposit of the successful Bidder will bereturned provided Bidder executes the Agreement, furnishes satisfactory Payment and Performance Bond covering the full amount of work, and provides evidence of insurance coverage, within ten (10) days after Notice of Award. Should Bidder fail or refuse to do so, the Bid Deposit or Bond shall he forfeited to the City ofTukwila asliquidated damages for such failure. The Owner reserves the right toretain the security of the three (3) lowest bidders until the successful Bidder has executed the Agreement and furnished the bond. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see °°v.bx°a.com al°aro Verify aoal Infonnatiomfor Bidders n. Non -Collusion Affidavit — Must be filled in, signed, and notarized. d. Responsible Bidder Determination Form e. Proposed Equipment and Labor Schedule Proposed Subcontractors, ifrequired |-5 Regarding forms cl, e, and f, the Owner reserves the rightbo check all statements and to judge the adequacy ofthe Bidder's qualifications, and to rejectBidder eanot responsible based onthis information. 9. Contract Checklist The following forms are to be executed by the successful Bidder after the Contract is awarded. The Agreement and Payment and Performance Bond are included in these Bid Documents and should be carefully examined by the Bidder. o. Auoreermemt— Two CB copies to be executed by the successful Bidder. b. Payment and Performance Bond—Two (2) copies to be executed by the successful Bidder and its surety company. This bond covers successful completion of all work and payment of all |mbonana, subcontnactors, suppliers, etc. The bond continues in effect atten percent (10%) ofthe total price bid for one (1) year after final acceptance ofthe Work. The bond form included in theme Bid Documents MUST be used'. no substitute will be accepted. If an Attorney-in-fact signs bond, ocertified and effectively dated copy oftheir Power of Attorney must accompany the bond. o. Certificates ofUnsuranoe—To be executed by an insurance company acceptable hm the Owner, on/\CORO Forms. Required coverages are listed in Section 1-O7.18ofthe Special Provisions (APV\AGSF). The Owner and Consulting Engineer retained by CXNnm| shall be named ms"Additional Insureds" onthe insurance policies. The above Bid and Contract Documents must be executed by the Contractor's President or Vice -President if a corporation, or by a partner if a partnership. In the event another person has been duly authorized to execute contnscta, m copy of the resolution or other minutes establishing this authority must beattached tothe Proposal and Agreement documents. 2023 Central Business District Sanitary Sewer Rehabilitation ' Phase wa Rev. 5-13-14 Provided to Builders Exchange of wx' Inc. For usage Conditions Agreement see www.bxwa.cvm Always Verify acuz PROPOSAL (unit price) Contractor's Name Contractor's State License No. City of Tukwila Project No. 9140203 To the Mayor and City Council City of Tukwila, Washington The undersigned (Biddehharebvcertifiesthmthepersnnm|k/exoninedthe location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) projectbUed2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B. which project includes but is not limited to: Installation nfapproximately 7,960 linear feet (LF) of ultraviolet -cured (UV) cured -in-place pipe (CIPP) to rehabilitate existing sewer main, and other work necessary to complete the Work as specified and shown in the Contract Documents. The Bidder has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said VVb/k; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and otthe following schedule ofrates and prices. The Bidder understands that the quantities mentioned herein are approximate only and one subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased nr decreased in accordance with the Contract Documents. Aeevidence ofgood faith, (check one) ;1bid bond or 11 cash, 0 cashier's check, [] certified check, or 0 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 naqu|nad 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 ohmU be forfeited and become the property ofOwner as liquidated damages, all msprovided for inthe Bid Documents. Bidder shall attain PhysicalCompletion ofmUVVorkinmU respects within one hundred 000\calendar days from the date stated in the written Notice to Proceed. If the work is not oqrnmletmd within this time pahod. Bidder shall pay liquidated damages to Owner as specified in Section 1-D8.8ofthe Standard Specifications for every calendar day work is not Physically Connp|oba after the expiration ofthe 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. 2023 Central Business District Sanitary Sewer Rehabilitation ' Phase 4s Rex 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see °°°.bo°a.00m Always Verify scal Proposal Signature Sheet as 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION - PHASE 4B (UV -cured CIPP Lining) Project No. 9140203 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. 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 Quantity Unit Unit Price Amount 1. Mobilization 1 LS 0(0 '301()aa 2. Type B Progress Schedule 1 LS I% Q CA.) 7--,000 3. 4. Traffic Control — Off -Duty Uniformed Police Officer Traffic Control —Temporary Traffic Control and Flagger Labor 1 1 LS LS ��� poo 5. Pre -Cleaning Video Inspection 1 LS 351wo laC)0 6. Clean and Prep Sewer Prior to Construction 1 LS % (Do G adoo 7. Video Inspection Prior to Construction 1 LS 5'2-1000 252,.,0(0 8. Provide, Install, and Manage Wastewater Bypasses 1 LS use 0a ® (05 t 00 9. 8 -inch Main Line CIPP 4,861 LF W01 335 1 A 10. 12 -inch Main Line CIPP 2,635 LF I()?- 2dut 1 11. 20 -inch Main Line CIPP 421 LF 0 ( 0q 0 0 12. 24 -inch Main Line CIPP 45 LF �Oo 0 000 13. Trenchless Lateral Connection Reinstatement and Packer Injection Grouting 27 EA t% (a 4-C)%50C) 14. Trenchless Outside Manhole Drop Connection Reinstatement 2 EA s� a 15. Force Account — Minor Changes 1 LS $25,000.00 $25,000.00 Subtotal 10.2% Sales Tax Total Bid (Subtotal wMSST) 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 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 unit price Bid Form which acknowledges the Bid Guaranty, Time of Completion, and 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 bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective estimated quantities s44n oq Bid folat h9n totaling all 0 the extended amounts. Sig Title: Date: By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. 2 3 4 Date of Rece 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. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Printed Name and Title: CAYUe, hkI wre,sc xnaa% (. Address: PO `G 'l,.._ q L Circle One: Individualartnershi State of Incorporation: () Joint Venture / Corporation Phone No.:Date: This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership, give firm name under which business is transacted, proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If 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. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal BID SECURITY Bid Deposit: The undersigned Phncipa|henabvdmpositsaBUdOepoaitvvdhtheCUxofTukwUainthe fnnn of o cash depoait, certified or cashier's ohock, or postal money order in the amount of dollars ($ Bid Bond: The undersigned, Iron Horse, LLC (Principal), and Liberty I Insurance Company k5uretA, one held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five percent of total t bid and dollars ($ . which for the payment ofwhich Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B. Project No. 9140203. according to the terms of the Proposal and Bid Documents. Now therefore, If the Proposal is rejected by Owner, or b. If the Proposal is oocootmd and Principal shall duly make and enter into on 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 parsons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected bvany extension of time within vvh|oh Owner may 000eot bids; and Surety does hereby vmaiwa notice of any such extension. Signed and dated this 18 t day of July .2 Iron Horse, LLC Signature of Authbrized Off icial NAM,"& 0- ftvl� �Pz Name anUddress of local office of agent and/or Surety Company: Liberty Mutual Inssurance Company Sure By Attorn�y in Fact (Attach Power of Attorr, 7' Kristen McGillvrey HUB International Northwest, LLC PO Box 10167 Eugene, OR 97e40 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1'O27ofthe Standard Specifications. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 48 Rev. 5-13-14 Provided to Builders Exchange of m^' Inc. For usage coouitinoo Agreement see www.bxwa.com ' Always Verify aovz This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8211095-969225 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashlee Baumgartner; Tina A. Costa; James R Cox; Erik Finrow; David M. Holland; Summer Hugh; Kristen McGillvrey; Dean R. Pollock all of the city of Eugene state of OR each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of December , 2023 Liberty Mutual Insurance Company t \NSU,? of INse, a \NSUR The Ohio Casualty Insurance Company µPORgpq'LO yJPU00.POR,ypR92 C,P OO11 ORgp�yO West American Insurance Company 19120 1919 1991 /J O Q O d� ssg CHU`'� .da O HAMPSI ,dD3 Ys �N01ANP �b / N O BY ro David M. Carey, Assistant Secretary 0- M i I`a State of PENNSYLVANIA ss — �, County of MONTGOMERYo E � On this 13th day of December , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance F5 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > @ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. a0 c — O N PASA, OL0 �ONW cN Commonwealth of Pennsylvania - Notary Seal �.,_ C5 tp� °�\y �q(�, �C Teresa Pastella, Notary Public N -Fa N A" T' Montgomery County C O 2 OF My commission expires March 28, 2025 B O C ar Commission number 1126044 Member, Pennsylvania Association of NotaY • y .-- �— � h'N5 JPq�� Teresa Pastella, Notary Public < o � 4 !L CJ ries tfyAU O � m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual m O -E Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 00 ARTICLE IV— OFFICERS: Section 12. Power of Attorney. `o 0 o M Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the -0 mc President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety (UC4 > C: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -0 o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a) Z L) instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ` M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t0 n ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of July , 2024 . INS C11 pt11( INS& \NSUR� j• 4°µFogg Qy` Op,PO 1g , yO P °°µPo,q yp �'Cr g 1912 0 or 1919 1991 0 / Z6.17 ICA-4� ��d�9ssg OHUs�.da �O y HAMP`'0 B Y �hDIANp b3 Y' Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Cc 02/21 NON -COLLUSION DECLARATION GTATE(]F \ /ss. COUNTY OF4dM ) The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint ventuna, or corporation named in the Bid Proposal has (have) not, either directly or ind|reotk/, entered into any mgreernant, participated in any oo||usion, or otherwise taken any motion in restraint of free competitive bidding in connection with the City of Tukwila project nonnad 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B.Project No. 914O203. Naple of Firm S`igff-aiture of Authorizeb Official NMI Signed andswoto before me on this day of Signature of Notary Public inand for the State of Washington, residing at W1yappointment expires: To report bid rigging activities call: 1-800-424-9071 The U.S.Department of Transportation (U8DOT)operates the above toll-free "hotline" Monday through FrkJay, 8:00o.rn.tu 5:00 p.m., Eastern Time. Anyone with knowledge of possible hid hgging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is port of UGD[T'a continuing effort to identify and investigate highway construction contract fraud and ohuoa and is operated under the direction of the USD{]T Inspector General. All information will be treated confidentially and caller anonymity will be respected. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Pznriueu to Builders Exchange of wu' Inc.For usage Conditions Agreement see *,v.ux°a.00m Always vezizr acaz P-7 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: ky-(b Address of Bidder: c_;)5k.4 C �AA EA - City State Zip Code Contractor's License No.WA State UBI No. (o06c— ()�Qq- Co 55(:-) Dept. of L&I License Bond Registration No. 01 Worker's Comp. Acct. No.f&-�, to Bidder is a(n): ❑ Individual C6 Partnership ❑ Joint Venture ❑ Incorporated in the state of List business names used by Bidder during the past 10 years if different than above: lck Bidder has been in business continuously from Bank Reference R7. sm. No. of regular full-time employees: Year Number of projects in the past 10 years completed: head of schedule _ 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 How Low with Bidder 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Responsible Bidder Determination Farm GAS 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: 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. Project Name Year Contract Completed Amount Owner/Reference Name and Phone 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: Name of Client and Prosect Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Har� Bidder, or any representative or partner thereof, ever failed to complete a contract? 6,No ❑ Yes If yes, give details: WH Bidder ever had any Payment/Performance Bonds called as a result of its work? No ❑ Yes If yes, please state: Project Name Contracting Party Bond Amount 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal r Dan Buller dbutler@spokanecity.org Cure -In -Place Pipe (CIPP) 2020 Spokane, WA City of Spokane 625-6391 3/31/2023 4427 1976 355 Idaho Transportation Jesse Webb US-12Orofino to Greer Orofino,ID Department (208)799-4235 8/2/2023 Tom Points pointst@cityofnampa.us ZoneA Sewer Rehab FY21 Nampa, ID City of Nampa (208)468-4520 6/9/2023 2421 362 Don Ranger Alderwood Water & dranger@awwd.com 2020 Sewer Relining Program Lynnwood,WA Wastewater District (425)741-7964 7/15/2022 14730 3872 1820 Kyler King Hickory St NE Sewer Main kking@cityofsalem.net Rehab Salem, OR City of Salem (503)315-2568 8/28/2020 Steven Schramm sschramm@jub.com South 6th Street Lynden, WA City ofLynden (360)354-3687 2/17/2023 John Cowling UPRR 24 -inch Interceptor john.cowling@ci.kennewick.wa.us Sewer Rehab Project Ph 2 Kennewick, WA City of Kennewick (509)585-4301 5/15/2020 Jeremy Lustig UPRR 24 -inch Interceptor jeremy.lustig@ci.kennewick.wa.us Sewer Rehab Project Ph 3 Kennewick, WA Cityof Kennewick (509)585-4413 10/13/2020 MacKenzie Isom 2020-14, Goose Hollow Sewer mackenziei@jwfowler.com Rehabilitation Portland, OR City of Portland (503)623-5373 10/31/2022 3654 250 809 Gresham Department of Environmental Chris Chambers SE Gresham Stormwater CIPP Gresham, OR Services chris.chambers@greshamoregon.gov 9/5/2018 34 3239 US101: MP332.3 SB Slide cfitzhugh@twcontractors.com Repair Brookings, OR ODOT (541)469-5341 10/17/2019 PAURSS E11148 to 3 Yamhill- Lacy Dring Morrison Portland, OR City of Portland laceyd@jwfowler.com 7/10/2019 187 Responsibie Bidder Detennination Fonn WO Bidder ever been found Quilty of violating any State or Federal employment laws? Ed No 0 Yes If yes, give details: Has Bidder evnrr protection under any provision of the federal bankruptcy laws or state insolvency laws? XNO 0 Yes If yes, give details: Hs�any adverse legal judgment been rendered against Bidder inthe past 5years? No OYes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other inWrance company for accidents resulting in fatal injury or dismemberment in the past 5 years? Iff No 0 Yes If yes, please state: Type of Iniu Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undqrsigned authorizes the City nfTukwila hoverify all information contained herein. — r�2 Signature of Bidder u0aCentral Business District Sanitary Sewer Rehabilitation Date: Rev. 5-13-14 ezoriueu to Builders Exchange of wa' Inc. For usage Conditions Agreement see wvw.uxwa.oum Always Verify ocaz P-11 PROPOSED SUBCONTRACTORS Name of Bidder kMn -' L U-jL`• 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 Name 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Schedule/Bid Item Numbers Subcontractor will perform 2 % of Total Rid Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal