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125-22 - KR Homes, LLC - Contract Exhibit APROPOSAL CITY OF PORT ORCHARD SROLIFE WATER MAIN REPLACEMENT CONTRACT NO. C125-22 To: Mayor and City Council City of Port Orchard, Washington R Contractor: 140meS State License No.: KK Y 0 M 14 L- SU5 k Date: ot. 30)`;0 a Month/Day/Year Bidder's Declaration and Understanding The Bidder declares that s/he has carefully examined the Contract Documents for the construction of the project, that s/he has personally inspected the site, that s/he has satisfied her/himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that s/he has exercised her/his own judgment regarding the interpretation, of subsurface information and has utilized all data, which s/he believes pertinent from City and other sources and has made such independent investigations as the Bidder deems necessary in arriving at her/his conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Contract Execution The Bidder agrees that if this Proposal is accepted, s/he will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required by the Contract Documents, and will, to the extent of her/his Proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. City of Port Orchard Sroufe Water Main Replacement Project #PW2022-024 Contract #C125-22 Page 12 of 148 Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, s/he will meet with engineering personnel and begin work no earlier than May 1, 2023, and complete the construction within 65 working days of START DATE.. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the City has been merged with prices named in the proposal. City a/Port Orchard Sroufe Water Main Replacement Project #PW2022-024 Contract #C125-22 Page 13 of 148 BID SECURITY CITY OF PORT ORCHARD SROUFE WATER MAIN REPLACEMENT CONTRACT NO. C125-22 Bid Deposit: The undersigned Principal hereby submits a Bid Deposit with the City of Port Orchard in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of NA ($ NA Bid Bond: Dollars KNOW ALL MEN BY THESE PRESENTS: That we, KR Homes LLC as Principal and Markel Insurance Company , as Surety, are held firmly bound unto the City of Port Orchard, Washington, as Obligee, in the penal sum of Five Percent of the Total Amount Bid --- (5%) Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The conditions of this obligation are such that if the Obligee shall make any award to the Principal for Sroufe Water Main Replacement Project Port Orchard, Washington, according to the terms of the Proposal or Bid made by the Principal therefore, 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 Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure to do so, 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 18th day of January 2o23 . KR Homes Prin�� re of Printed Name rized Official Phis;, title Name and address of local office of Agent and/or Surety Company: Markel Insurance Company Surety � LAAA�� '4,�,A/1111X Si nature of Authorized Official B Chloe Lyons `� �' 0' Attorney -in -Fact (Attach Power of Attorrey} Anchor Insurance & Surety, Inc. One Centerpointe Drive, Ste.190 :.�' •''' Lake Oswego, Oregon 97035 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specification. City of Port Orchard Srottfe Water Main Replacement Project # PW2022-024 Contract #C125-22 Page 22 of 148 POA# 3710009 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Brent Olson, Gail A. Price, Gloria Bruning, Vicki Mather, Joel Dietzman, Andrew Choruby, Casey Geske, Richard Kowalski, Sterling Drew Roddan, Justin Cumnock, Christopher A. Reburn, Leticia Romano, Chloe Lyons, Philip O. Forker, Patrick Dooney Their true and lawful agent(s) and attorney(s)-in-fad, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority ofthe following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, Thatthe President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 11th day of October , 2022. SureTec Insurance Company 5ut \�SURANCFP W X oNC-, T01%0 9 tC; "..00 I= By: Michael C. Keimig, President �15 ,W g 7 ! �' ••. 1 : ' SEAL By: "•. !,� .2t15. State of Texas County of Harris: On this 11th day of October , 2022 A. D., before me, a Notary Public ofthe State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers ofthe said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals ofsaid Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. o.ocisa.o Ug•. XENIA CHAVEZ r'r; `0', Notky Public, State of Texas • i * = Notary I D# 12911765-9 By: '1 k4y Commission Expires X is havez, Notary Public SEPTEMBER 10,-2024 y ommission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 18th day of January 1 2023 ur clnsur nce any _ -- ( Ma el Insurance Company By i. _. •• By: s _i i r M. BrAt Beaty, Assist nt Secretary " Andrew Marquis, Assistant Sec ry Any Instrument Issued inexcessofthepenaltystatedaboveistotallyvoidandwithoC aM1yvaltdity.371,0009 For verification of the authority of this Power you may call (713)812-0800on`a'ny bus ineks day betw6th 8:30AM and 5:00 PM CST. /�%111i,',l SCHEDULE OF CONTRACT PRICES SROUFE WATER MAIN REPLACEMENT NOTE: Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where conflict occurs between the unit price and the total amount named for any items, the unit price typed or printed and entered in ink shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item Estimated SP / Description of Item Unit Price Amount No. Quantity STD Base Bid 1 Lump Sum STD Mobilization $S%X 40V&."C\ LS $ (Words) (1- 9) Per Lump Sum 2 Lump Sum SP Minor Change $ -Viv-c, � avSVNAA LS $5,000,00 (Words) (1-04) Per Lump Sum 3 Lump Sum SP Record Drawings (Minimum Bid $2000) $ `1 W U � �n U v s ✓<�l � LS $ '1000V (Words) (1-05) Per Lump Sum 4 Lump Sum STD SPCC Plan \ $ 0Wl- �VouS,A.An` LS $ (Words) (1-07) Per Lump Sum 5 Lump Sum SP Project Temporary Traffic Control $ �o ��A-uc\o(ASour V�Und+Cc� L5 $ (Words) (1-10) Per Lump Sum 6 0.05 ACRE STD Clearing and Grubbing $ �\A VSLA,1� AC $ (Words) (2 1) Per Acre 7 Lump Sum SP Removal and Disposal of Asbestos Material $ -�WO "0US0tVXC\ LS $ (Words) (2-02) Per Lump Sum 8 Lump Sum SP Removal off Structures and Obstructions ` $ O Wg i-�oUSh�+� ivy VUA LS $ r1 I Soo. (Words) (2-02) Per Lump Sum 9 270 CY STD Roadway Excavation Incl. Haul $ S"-A �'\ <- CY $ (Words) (2 3) Per Cubic Yard 001 of Port Orchard Sroufe Water Main Replacement Project # PW2022-024 Contract #C125-22 Page 14 of 148 Item Estimated SP / Description of Item Unit Price Amount No. Quantity STD 10 4190 SF STD Shoring or Extra Excavation Class B L'ev��S s 5F $� (Words) (2-09) Per Square Foot 11 200 TONS STD Crushed Surfacing Top Course ' $ � 'VIh� TN (Words) (4-04) Per Ton 12 140 TONS STD Crushed Surfacing Base Course e v- $ Sen�� SeUew TN 7 $ (Words) (4-04) Per Ton 13 250 TONS SP HMA Cl. 1/2` In. PG 581-1-22 1 $ Oy\,Q- VP. TN ,1 $ (Words) (4-04) Per Ton 14 1180 SY SP Planing Bituminous Pavement w CC $ $en�F� v,. c�0��a�S WM� k: , Cehys SY $ 0 8JQ. (Words) (5-04) Per Square Yard 15 35 LF STD Ductile Iron Pipe for Water Main 6 In. Diam. CV $ eveivQ- LF $ (Words) (7-09'p Per Linear Foot 16 970 LF STD Ductile Iron Pipe for Water Main 8 In. Diam. —7 q $-Q.1 l�'yio LF $ (Words (7-0) Per Linear Foot 17 4 EA STD Tapping Sleeve, and Valve Assembly 8 In. $ Sekycv\ '1"�GUS�+v.d EA (Words) (7-12) Per Each 18 1 EA STD Gate Valve In. \ ,1 -�`nOUS*1A�`` VWo uv.�KK W��jEA $ � V� Wo (Words) (7-12) Per Each 19 2 EA STD Hydrant Assembly 11 $ SIX A�0usxkd `Qi EA (Words) (7-14) Per Each 20 12 EA SP Service Connection 1In. Diam. �Ck ( 1 f, $ OAe- 't Ovgo.` � �uuf- 44AY EA (Words) (7-15) Per Each 21 1 EA SP Service Connection 1-1/2I In. Diam. \\ 1 $ �lu0-houSy.N� �WO �u nG�+�c� EA (Words) (7-15) Per Each 22 2 EA SP Service Connection 2 In. Diam. Se T-h $4" oojo � pht hUht K,4 i��y EA (Words) (7-15) I Per Each City o/Port Orchard Sroufe Water Main Replacetnent Project # PW2022-024 Contract #C125-22 $ 13, W . $ 7 `t00, co $HI 306,'o Page 15 of 148 Item Estimated SIP/ Description of Item Unit Price Amount No. Quantity STD 23 1 EA STD Inlet Prot1ection1 1 I $ 0 t&, l�10 A dvc� RMC,. .1r,i EA C $ (Words) (8-01) Per Each 24 500 LF STD High Visibility Fence $ �dV-c. LF $ a SOO, 00 (Words) (8-01) Per Linear Foot Erosion Control and Water Pollution 25 Lump Sum STD Prevention $ 001k 401illp AA LS $ (Words) (8-01) Per Lump Sum 26 Lump Sum SP Landscape Restoration $ 4uf- �-.auS PAAC\ LS w $ 600, (Words) (8-02) Per Lump Sum Total Base Bid $ �`10, �`��, co Tax9.2% 0 $ TOTAL BID —$� SALES TAX Retailing/Retail Sales Tax Rule WAC 458-20-170: Washington State Retail sales tax added as percent (%) in addition to contract bid price; sales tax shown as separate line item. Cio, o(Port Orchard Sroufe Water Main Replacement Project #PW2022-024 Contract #C125-22 Page 16 of 148 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD SROUFE WATER MAIN REPLACEMENT CONTRACT NO. C125-22 ao Addendum No. Date of R ceipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that s/he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, 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. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and c rect." Signature: Date: Printed anme an itle: Location or Place Executed (City, State): WA IAI�G� Business Addres . Business Telephone: ?0 13Gx 6 ;V011C\'�, WA, 9b"° AG- 903-:-_-�00 NOTES: 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). City of Port Orchard Sroufe Water Main Replacement Project # PW2022-024 Contract #C125-22 Page 17 of 148 STATE OF ) I )ss. COUNTY OF I certify that I know or have satisfactory evidence that 2dil signed this proposal, on oath stated that he/she was authorized to execute the p1 posal and acknowledged it as the �(e�\� Zv\'� (title) of �Lq— -�MjR ' (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this y day of, `AV\20)-3. gr Notary Public State of Washington AMANDA MAXWELL Commission No.130808 My Commission Expires July 23, 2023 Notary Public A�� �AQXW Printed Name My om ission Expires: City of Port Orchard Sroufe Water Main Replacement Project #PW2022-024 Contract #C125-22 Page 18 of 148 ADDENDUM NO. 1 SROUFE WATER MAIN REPLACEMENT PROJECT Date Published: December 16 & 23, 2022 Date of Addendum #1: January 12, 2023 Date of Bid Opening: January 18, 2023 Notice to all Plan Holders: The City has made the following changes/modifications to the bid packet: A Work Experience Form is attached to help bidders complete Part J. Work Experience, of the Supplemental Criteria Information Form. (See attached) The City has received questions regarding the bid package. Questions and answers are as follows: Question No. 1 • Do you know the location of the gas main? The City has ordered utility locates. Photos from these locates are attached. Work associated with protecting utilities and coordinating with utility providers, including but not limited to the gas mains and power conduits shown in the photos, shall be incidental to and included in all other items of work. Question No. 2 • Is the City open to Sroufe being made local access only during construction? o Work within the intersections of Tacoma and Sidney will require a flagging operation. Work between these intersections can be signed for local traffic only. Question No. 3 • Should the in -line gate valve on WA1 near the Portland Ave intersection be MJxMJ? ,D TI is valve will be FLxMJ. Question No. 4 • Is the City hydrant standard correct in requiring both Mega Lugs and shackle rods? o Yes, the City standard shall be used. Page 1 of 16 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Question No. 5 • Regarding asbestos removal and handling, the project specifications and plans contradict each other on the scope of work to be performed. The project plans note to abandon existing main "in place" (Note 8), and general note calls for any AC main to be filled with CDF with use of mechanical plugs/caps. Specification 2-02.1 directs the contractor to remove and dispose of "any and all areas identified in the GFI". Please confirm the intent of Bid Item 7 — Removal and disposal of asbestos material. In areas where the existing AC main is disturbed/cut for abandonment, confirm pipe will need to be hauled away and disposed of. The intent for this project is to plug/cap the existing water main with CDF, then abandon in place as called for in the plans. The goal is to leave as much of the existing AC main undisturbed as possible for abandoning in place. Some asbestos material will need to be removed to perform the work to fill and cap the main. The specification is intended to provide requirements for the removal of any asbestos material that is disturbed during construction. This work is paid for under Bid Item 7 — Removal and Disposal of Asbestos Material. Any AC pipe removed will need to be hauled and disposed of in accordance with EPA regulation 40 CFR Part 61, local health department regulations, and all other applicable regulations. Question No. 6 • There are unknown service sizes in two locations. How are these presented on the bid form? The services with unknown sizes are shown in the bid form as 2" service connections. Question No. 7 • No trench backfill specifications are provided, is the intent for this project to be 100% import/export? If so, will the trench backfill be incidental to the pipe item or how will this be paid. No bid item or payment details are provided. 0 No native material will be used for trench backfill. Given the depths of the water main, the materials called out in the roadway section, and the identified pipe bedding section, no extra material is anticipated to be required between the top of pipe bedding and the bottom of the roadway section. Per the WSDOT standard specification for pipe for water mains (7-09.5), payment for Work to complete the installation of the water main includes but is not limited to, trench excavation, bedding, laying and jointing pipe and fittings, backfilling, concrete thrust blocking, testing, disinfecting the pipeline, flushing, dichlorination of water used for flushing, and cleanup. Question No. 8 • Are there any Buy America, AIS, BABA, or any other requirements for domestic materials? This is a locally funded project, so none of these requirements will apply. Page 2 of 16 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal