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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK19-076 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 '(,�F l�f� �IULTIC?� 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 1. The Contractor shall do all work and furnish all tools, materials, and equipment necessary to improve and complete 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09, located in Grant County, Washington, as proposed in a bid opened 1:30 P.M., Tuesday, May 21 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. I 4 -NE Road CRP 16.09 Contract -Page 1 I 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. ay of 20161 9gnature Print Name Firm Name 5�Z1J I�WV zf41A Address City State Zip ePhone ATT e �CleV Board APPROVED AS TO FORM: day ofn �,a- 2018 6� Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON VIM; --I ,.,s "^. �, CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as principal, and a corporation organized and existing under the laws of the State of 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 (5 ) 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 . Washington, this _ day of , 2018. The conditions of the above obligation are such that: WHEREAS, on May 21, 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 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09, 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. Countersigned: Licensed Agent/Surety Co. Pmcipal Attorney -In -Fact, Surety Approved as to Form: Firm, Street Address (No P.O. Boa), Phone of Local Office of Agent , 2018 Deputy Prosecuting Attorney 4•NERoad CRP 16-09 Contract — Page 3 PROPOSAL To: Board of County Commissioners Date: &V Z , 2018 Grant County, Washington This certifies that the undersigned has examined the location of 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09, 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. 4 -NE 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 /////////•///// Zqj 22—% ' N Per Lump Sum 4 19,074 Roadway Excavation At 2 1 Clearing and Grubbing At 10��'%Z1 Lump Sum 1111/////•///// 10)000 .60 Per Lump Sum GRADING 3 70,968 Rotomilling Bituminous Pavement At S.Y. — 12" Diameter 0J.) Per Square Yard 33/zZ<0'oo Per Linear Foot 4 19,074 Roadway Excavation At C.Y. 5 •7� 10��'%Z1 Per Cubic Yard 5 11,234 Embankment Compaction At C.Y. •�� i Iz2 11. c� Per Cubic Yard DRAINAGE 6 305 Plain Steel Culvert Pipe 0.064" Th. At L.F. — 12" Diameter z57,Cp225 • 66 Per Linear Foot 4 -NE Road CRP 16-09 Proposal —Page 1 Item Plan Item Description Price per Unit* Total Amount No. Quantity Dollars . Cents Dollars . Cents 7 561 L. F. Plain Steel Culvert Pipe 0.064" Th. —18" Diameter At 'Sb.U6 2e,O wo Ton Per Linear Foot 3r,0W-Ob SURFACING 8 3 WnT MIX ACPHAI T -10 560 Commercial HMA At 6 Ton ICS • co (0,006 • GL'S Per Ton TRAFFIC 11 3,000 Ton Crushed Surfacing Base Course At I� • c6 4Q 000 •d6 Per Ton 9 22,000 Crushed Surfacing Top Course At Ton I's -60 3r,0W-Ob Per Ton WnT MIX ACPHAI T -10 560 Commercial HMA At 6 Ton ICS • co (0,006 • GL'S Per Ton TRAFFIC 11 2,790 L. F. Remove Existing Beam Guardrail and Anchors At � - 'D 0�) Per Linear Foot 12 2,290 Lin. Ft. Beam Guardrail Type 31 At 2S �6 Per Linear Foot 13 10 Beam Guardrail Type 31— Non- At Each Flared Terminal 3to6D -60 30jobd - 60 Per Each 14 60,630 Lin. Ft. Paint Line At 6 . (--!� qoq- •50 Per Linear Foot OTHER ITEMS 15 1 SPCC Plan At Lump Sum /////////•///// jC�ci•C� Per Lump Sum 4 -NE Road CRP 16-09 Nroposai — rage Item No. Plan Quantity Item Description Price per Unit* Dollars . Cents Total Amount Dollars . Cents 16 9 EachW60. Monument At d0 Each ��'� 17 1 Lump Sum Trimming and Cleanup At /////////•///// Per Lump Sum �� �� 18 9 Acre Seeding, Fertilizing and Mulching, With Roadside Mix At I���� • Acre r(Z��, l 19 -$1.00 Est. Minor Change At 1111/////.///// Est. -$1.00 Project Total I (Z.33,333•b6 1 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 4 -NE Road CRP 16-09 Proposal —Page 4 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. ZAIS ( Mrd Printed Name Title agw,A W Date City State Check One: ation V State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, 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. 4 -NE Road CRP 16-09 Proposal — Page 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 ❑ Certified Check ❑/ Proposal Bond C!3 Dollars ($ ) Payable to the Grant County Treasurer In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendum(s) No.(s) _ & Si i, of A orized Offlcial(s) Proposal Must Be Signed, \ �1� i m�iFIP Please Print Name of Authorized Official Firm Name 0 U lL1dr —ykkk IOh( Address 147) II(AIV ZA U) 1�,U �Ox L15� State of Washington Contractor's License No. -Tommi «. (� LF Federal ID No. 91- Off,2I6�n 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: 4_- 4 -NE Road CRP 16-09 Proposal - Page Statement of Contractor Qualifications To: Board of County Commissioners Date: - Z , 2018 rr Grant County, Washington RE: 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09 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 is �JZy l f4tiy 29 R) , F pdWgr w 6 which I have maintained for years. My phone is ( �- 3�� Fax (1�n) &=.3 3Z 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 4.38 miles of two lane county road in Grant County, WA, and includes roadway excavation, embankment compaction, crushed surfacing base course, crushed surfacing topo course, guardrail, 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.) res, 3. 1 have adequate funds to promptly meet obligations incident to this work. (Provide bank, contact & hone.) a)�d1W&m 1W b)� E� I /1 • c) �� 712Co - 5�3 4. 1 have adequate experience in this class of work an 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) t&V L V- 5. 1 have submitted and maintain annually a "Standard Questionnaire and Financial Statement" to the Washington State Department of Transportation (WSDOT): Yes P/No ❑ Region: WSDOT has determined: a) I am prequalified to N,07,O3,0(0,13 i 'S% 4 SWQ. in the amount of x 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. Lye% rd of ty Commissioners shall proceed to award the contract to the lowest and best AAA teru may reje any or all bids if in its opinion good cause exists therefor. (RCW 36.77.040) here statements are true and accurate. Very By: (Print Name) M Company Name: mMiYIt1_0 kkkat0 6).1 Address: 6126 110y M 0 City, State, Zip: ENWA, W4 01sgZ3 Washington State Contractor's License No.: i69 LP Revised 4/02 4 -NE Road CRP 16-09 Proposal —Page 7 Bid Bond KNOW ALL MEN BY THESE PRESENTS: That we, as Principal, and 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 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09, 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 Principal Surety DAY OF , 2018 Bid Bond KNOW ALL MEN BY THESE PRESENTS: That we, Tommer Construction Company, Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto Grant County, Washington, as Obligeein the penal sum of Five Percent (5%) of Bid Amount Dollars ($5% of Bid Amount ) 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 4 -NE ROAD RECONSTRUCTION PROJECT, CRP 16-09, 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. 9 SIGNED, 5 D ATLISst DAY OF May , 2019 T er Co c. Principal Tr eJ s Casualty and Surety Company of America Surety Attorney -in -Fact Cristopher Kinyon Travelers Casualty and Surety Company of America AAS Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Christopher Kinyon, of Tacoma, Washington, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. KMOM COWL COW oKWAnTFRIM CCIGk� State of Connecticut By. t City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. �1Q My Commission expires the 30th day of June, 2021 mC�1VJL �� t *p t Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21st day of May , 2019 ) - K*�J% � COWL Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call as at 1-800-421-3880. Please refer to the above-named Attomey-in-Fad and the details of the bond to which the power is attached. Grant County Public Works 124 Enterprise St. SE Ephrata, WA. 98823 Local Agency Subcontractor List Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name: 4 -NE 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 (ii) be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name 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 4-NE Road CRP 16-09 rroposdi — rdvC lv