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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK19-071 CONTRACT THIS AGREEMENT, between the Board of County Commissioners of Grant County, State of Washington, acting under and by virtue of Chapter 36.77 of the Revised Code of -Washington, as amended, hereinafter called the County, and al 6t/" cl.o"( 1/C>� ; n/r f'/�� //i&, -for itself, its heirs, executors, administrators, successors and assigns, hereinafter called the Contractor. WITNESSETH: That in consideration of the payments, covenants, and agreements, hereinafter mentioned, and attached and made a part of this agreement, to be made and performed by the parties hereto, and the parties hereto covenant and agree as follows: DESCRIPTION OF WORK: The Contractor shall do all work and furnish all tools, materials, and equipment necessary to improve and complete BASELINE.5-SE ROAD RECONSTRUCTION PROJECT, CRP 18- 02, located in Grant County, Washington, as proposed in a bid opened 1:30 P.M., Tuesday, May 14, 2019 in accordance with and as described in the herein attached plans and standard specifications, and in full compliance with the terms, conditions, and stipulations herein set forth and attached, now referred to any by such reference incorporated herein and made part hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work may be ordered as provided in this contract and every part thereof. 2. The Contractor shall provide and be at the expense of all materials, labor, carriage, tools, implements and conveniences and things of every description that may be requisite for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 3. The County hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time. and in the manner and upon the conditions provided for in this contract and every part thereof. The County further agrees to employ the Contractor to perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and pay for same under the terms of this contract and the attached plans and specifications. 4. The Contractor for himself, and for his heirs, executors, administrators and assigns, and successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Baseline.5-SE Road CRP 18-02 Contract — rage 1 IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said Board of County Commissioners of Grant County has caused this instrument to be executed by and in the name of said Board by its Members, duly attested by its Clerk, the day and year below written, and the seal of said Board to be hereunto affixed on said date. cle Clerk APPROVED AS TO FORM: _lLday of j��; ,2011 Deputy Pros cuting Attorney rday o 2011'�, Signature 0r, -1,,, I ,[' Print Name Firm Name Address City State Zip Phone BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON this 'Jay of 2011 Member Baseline.5-SE Road CRP 18-02 Contract — Page 2 l CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Advanced Excavation, Inc. a)/Ji 61 65'� /-/ /-/ W principal, and Menccants Bonding Company (Mutual) a corporation organized and existing under the laws of the State of Iowa as surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to Grant County, Washington, in the penal sum of One hundred eighty eight thousand two hundred and three dollars and 00/100ths ($188,203.00 ) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of Grant County, Washington. Dated at Everett , Washington, this 22nd day of May , 20199 The conditions of the above obligation are such that: WHEREAS, on May 14, 2019, the Board of County Commissioners of said Grant County has let or is about to let to the Principal, a certain contract, the said contract providing for the improvement of BASELINE.5-SE ROAD RECONSTRUCTION PROJECT, CRP 18-02, located in Grant County, Washington, (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the said Principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said Grant County harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said Principal, or any subcontractor in the performance of said work and shall indemnify and hold Grant County harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, and until the same is accepted, then and in that event this obligation shall be void but otherwise it shall be and remain in full force and effect. ntersigned: Advan/7x�vation Lken d rety o. Prin :,ipal Merch B d' n Mutu Whitfield's United Insurance Agencies, Inc. dba Leavitt Group NW a L. r Attorney-it,-Fawt, £:urety 3425 Broadway Everett, WA 98201 (425 ) 258-2300 Firm, Street Address (No P O. Box), Phone of Local Office of Agent ,1. Approved as Lu For cn: RW D tjSEf�i3L' r�`LA.Z�-J eputy Prosecuting Attorney Baseline.5-SE Road CRP 18-02 Contract — Page To: Board of County Commissioners PROPOSAL Date:-5-- Grant ate:SGrant County, Washington This certifies that the undersigned has examined the location of BASELINE.5-SE ROAD RECONSTRUCTION PROJECT, CRP 18-02, in Grant County, Washington, and that the plans, specifications and contract governing the work embraced in the improvement and the method by which payment will be made for said work is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with said plans, specifications and contract and at the following schedule of rates and prices. BASELINE.5-SE ROAD RECONSTRUCTION PROJECT Note: Unit prices for all items, all extensions, and total amount must be shown. Please type or use ink. Please initial all changes. Item Plan Item Description Price per Unit* Total Amount No. Quantity —12" Diameter Dollars . Cents Dollars . Cents PREPARATION 1 1 Mobilization At Lump Sum —12" Diameter lllllllll•lllll 4 L % O D G . Per Lump Sum 2 1 Clearing and Grubbing At Lump Sum —12" Diameter 1/1111111-HH1 9,,800- °o Per Lump Sum GRADING 3 1,746 Roadway Excavation At C.Y. —12" Diameter l� o`Qr�lo�, G•r� Per Cubic Yard 4 874 Embankment Compaction At C.Y. —12" Diameter g• c c 6 qq a, �e Per Cubic Yard DRAINAGE S 130 Plain Steel Culvert Pipe 0.064" Th. At L. F. —12" Diameter 144,( , 0v 17 p , Per Linear Foot 6 90 Plain Steel Culvert Pipe 0.064" Th. At L. F. —18" Diameter 6� s.q u o Per Linear Foot 0 Baseline.5-SE Road CRP 18-02 Proposal — Page 1 Item Plan Item Description At Price per Unit* Total Amount No. Quantity /3 . 6o'600. Dollars . Cents Dollars . Cents S1IRFACING 7 3,800 Crushed Surfacing Base Course At /, 060 • � Ton /3 . 6o'600. Per Ton 8 2,800 Crushed Surfacing Top Course At /, 060 • � Ton lb . " So, 1-(0 6. Per Ton OTHER ITEMS 9 1 Lump Sum SPCC Plan At lllllllll•lllll /, 060 • � Per Lump Sum 10 1 Trimming and Cleanup At Lump Sum /////////.///// & 000 Per Lump Sum 11 2 Seeding, Fertilizing and Mulching, At Acre With Roadside Mix �po Acre 12 -$1.00 Minor Change At Est. /////////•1111/ -$1.00 Est. Project Total ° Baseline.5-SE Road CRP 18-02 Proposal — Page 2 0 Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association, or corporation 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 project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 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. Revised 6/14 From DOT Form 272-0361 EF 07/2011 0 Baseline.5-SE Road CRP 18-02 Proposal —Page 3 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (7/25/2017), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. M Bidder's Business Name Signature of Authorized Official* ,� Coid� Ly Printed Name Title 01(ws " r__U Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation 5KI" State of Incorporation, or if not a corporation, State where business entity was formed: Lll $�'U " If a co-partne ship, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. 0 Baseline.5-SE Road CRP 18-02 Proposal —Page 4 0 Proposal — Signature Page The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: Cash ❑ In the Amount of Cashier's Check ❑ Dollars Certified Check ❑ ($ ) Payable to the Grant County Treasurer Proposal Bond Ud In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendum(s) No.(sy' & Proposal Must Be Signed Firm Name Address Signature of Authorized Official(s) ( n 1,2-dai (11►r1;U ,5 � -p �a.,,,Ir;te Print Name of Authorized Official goak /a 6,/ f k, 7 State of Washington Contractor's License No. AbV&�IC 14&6-11( L Federal ID No. - YQ W Note: (1) This proposal form is not transferable and any alteration entered hereon without prior permission from the County Engineer will be cause for considering the proposal irregular and subsequent rejection of bid. (2) Please refer to section 1-02.6 of the standard specifications, re:"Preparation of Proposal' or "Article 4" of the instructions to bidders for building construction jobs. (3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: Revised 8/95 0 Baseline.5-SE Road CRP 18-02 Proposal — Page 5 ■ Statement of Contractor Qualifications To: Board of County Commissioners Grant County, Washington Date: 51/ q , 2014 ---- RE: BASELINE.5-SE ROAD RECONSTRUCTION PROJECT, CRP 18-02 I hereby maintain that I am a responsible bidder as contemplated by the policies of the State of Washington and Chapter 36.77 of the Revised Code of Washington. 1. My permanent business name and address isAduc y—o'd Ueci a h Jr12 A %ola w which I have maintained forw— years. My phone is O/Fax (_Sb_g)% s� 2. 1 have adequate plant equipment to expeditiously and properly perform the work contemplated for Grant County, Washington. Description of work: This contract provides for the reconstruction of 1.00 miles of two lane county road in Grant County, WA, and includes roadway excavation, embankment compaction, crushed surfacing base course, crushed surfacing top course, seeding and fertilizing, and other work all in accordance with the attached Contract Plans, these Contract Provisions and the Standard Specifications. (Please list equipment to be used on this project. Attach list if necessary.) ^ 3. 1 have adequate funds to promptly meet obligations incident to this work. rovide bank, conpct & phone.) a)'��''ifi b) _ �_�2.Q d (' At c) Sa Alla S - 7 (o 4. 1 have adequate experience in this class of work and I am thoroughly familiar with the specifications used in this project. I have constructed the following similar improvements: (Provide project name, contact & phone.) a) b) 5. 1 have submitted and maintain annually a "Standard Questionnaire and Financial Statement" to the Washington State Department of Transportation (WSDOT): YesNV No ❑ Region: WSDOT has determined: a) I am prequalified to in the amount of b) I have failed to be prequalified for the following reasons: The Contracting Agency may determine a prospective Bidder who is not prequalified to perform certain types of work within the financial and experience constraints determined by WSDOT to be not responsible and refuse to award a contract. The Board of County Commissioners shall proceed to award the contract to the lowest and best bidder but may reject any or all bids if in its opinion good cause exists therefor. (RCW 36.77.040) 1 hereby certify that the above statements are true and accurate. Very truly yours, By: �— �— (Print Name) '!'\Q -A -Q (__Lj-1 1 l0 Company Name: ""P�, .vgylf1lJOr`'�� 61(�- Address:,1'i City, State, Zip &Sf,5LQ+s y ILafik 7 Washington State Contractor's License No.:N L Revised 4/02 Baseline.5-SE Road CRP 18-02 Proposal — Page KNOW ALL MEN BY THESE PRESENTS: That we, as Principal, and Merchants Bonding Comnanv (Mutuat) --_, as Surety, are held and firmly bound unto Grant County, Washington, as Obligee in the penal sum of §N,21 tsl-bkLaroaosa! Dollars ($ s% j for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of the obligation is such that if the Obligee shall make any award to the Principal for BASELINES -SE ROAD RECONSTRUCTION PROJECT, CRP 18-02, located in Grant County, Washington, according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the Surety or Sureties approved by the Obligee; or if the principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 10 DAY OF Princip Surety Attorni 0, , 20 KNOW ALL MEN BY THESE PRESENTS: That we, Principal, and as as Surety, are held and firmly bound unto Grant County, Washington, as Obligee, in the penal sum of Dollars ($ ) for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of the obligation is such that if the Obligee shall make any award to the Principal for BASELINES -SE ROAD RECONSTRUCTION PROJECT, CRP 18-02, located in Grant County, Washington, according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the Surety or Sureties approved by the Obligee; or if the principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF Principal Surety Attorney -in -Fact , 2018 ■ Baseline.5-SE Road CRP 18-02 Proposal — Pase 7 ■ Grant County Public Works 124 Enterprise St. SE Local Agency Subcontractor List Ephrata, WA. 98823 Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name: BASELINES -SE ROAD RECONSTRUCTION PROJECT Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW, or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060. and no subcontractor is listed below to perform such work the bidder certifies that the work will either (i) be performed by the bidder itself, or (jj) be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Bidder's are notified that the opinion of the enforcement agency PVC or metal conduit, junction boxes, etc, are considered electrical equipment and must be installed by a licensed electrical contractor, even if the installation is for future use and no wiring or electric current is connected during the project. A licensed electrical contractor must be listed to perform the work. Baseline.5-SE Road CRP 18-02 Proposal — Page 8 0 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know AN Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, loth being corporations of the State of fovea (heroin collectively called the `Companies*) do hereby make, constitute and appoint, Individually, Catherine M Flack; Deborah Cook: Mark D Hanks; Mary L Faurs' their true and lawful Aftomey(s)-In-Fact, to sign its name as surety(m) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions a proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimle under and by authority of the fonewing By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23. 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Aftomeysan-Fact, and to authorize tem to execute on behalf of the Company, and attach the seal of the Company thereto, bonds end undertakings, recognlzances, contracts of Indemnity and other writings obligatory In the nature thereof.- -The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Parer of Attorney or Ceftficeton thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such sfgnalure and seat when so used shall have the same force and effact as though manually fixed.' In connection with obligation In favor of the Florida Department of Transportation only, t is agreed that the power and aut homy hereby given to thu Attorney -In -Fad Includes any and all conents for the release of retained percentages andfor feral estknates on engineering and construction contracts requfred by the State of Florida Department of Transportation. It Is filly understood that consenUng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shat not relieve this surety company of any of Its obligations under Its bond. In connection with ob igatiom In favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby elven to the Attomay-in-Fact cannot be nwdifled or revoked unless prior written personal notice of such Intent has been given to the Canmissioner- Department of Highways of the Commonwealth of Kentucky at least party (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 24th day of January , 2018 cJ� y? ........... �iCq; Bp4 .00?�(�PD99 p9� IERCHANTMERCHANTS BONDING NATIONAL BONDING, INCTUA) -o' of :s; •z: 2003 ;•czi : y; 1933 : c; By •, ly"•"�'•':'�,.�• President STATE OF IOWA.......... " .. COUNTY OF DALLAS ss. On this this 24th day of January 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly swum "i say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the sed to the loregoing instrument are the Corporate Seats of the Companies; and that the said Instrument was signed and sealed in behalf amponles by authority or their respective Boards of Directors. Z� 10a4 >, AUCIAKGRAM o C re 0 : MyCommissionEx;was ,�� April 1, 2020 Notary Public (Expiration of notays commission does not Imaldae this instrument) I, Wiliam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and corned copy of the POWER -0F -ATTORNEY executed by said Companies, wNch is still In full force and effect and has not been amended of revoked. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this 14th day of May ,2019 aP,tlONij� B • : ..1Nr..004jp, :; o?4 - 2003 `' 1933 : c. Secret" POA 0018 (3/17) " ADVANCED EXCAVATION, INC. P.O. BOX 1278 MOSES LAKE, WA 98837 509-762-9421* FAX: 509-762-6970 ADVAN-El965NL PAST COMPLETED PROJECTS THIS IS A LIST OF SOME OF OUR MOST RECENT COMPLETED PROJECTS, IF THERE ARE MORE REFERENCES NEEDED PLEASE CALL OUR OFFICE GINNO CONSTRUCTION CONTACT NUMBER: 208-667-5560 2017- CENTRAL PARK APARTMENTS $804,318.60 HAYDEN HOMES CONTACT NUMBER: 509-766-0300 2016-2017 CROSSROADS 3 $586,992.80 MOLITOR DEVELOPMENT CONTACT NUMBER: 509-771-2422 2016-2017 SOLARA APARTMENTS $1,003,675.56 T.W. CLARK CONTACT NUMBER: 509-927-0800 2016- MAC911 PROJECT $282,667.56 2016- LIFELINE PROJECT CITY OF RITZVILLE CONTACT: VARELA AND ASSOCIATES 509-328-6066 2014- DIVISION/SMITTYSBAUMAN RD. IMPROVMENTS $518,209.04 2015- WILBUR ELLIS COMPANY $594,562.00 2015- CITY OF SOAP LAKE GRAY AND OSBORNE CONTACT (509) 453-4833 MAIN AVE. IMPROVMENTS $1,658,620.37 CITY OF MOSES LAKE SHAWN O BRIEN 509-764-3783 2015- LARSON WATER IMPROVEMENTS PROJECT $278,546.00 2011-2013 IGC INDUSTRIAL GROUP CORPORATION CONTACT NUMBER: 971-678-4669 CANOLA PROJECT $5.8MILL