CITY OF SEATTLE Seattle Department of Tmmporm?on Improvement of: 2017 ARTERIAL ASPHALT AND CONCRETE 4TH AVE 2016-141 BID FORM Funded by: Move Seattle Levy, Levy LID Lift, FMSIB Grant Bids Open: May 24,2017 201' 7 ARTERIAL ASPHALTAND CONCRETE 4TH A 'v?E Page 1 Instructions to Bidders BID REQUIREMENTS Ill-01.1 INSTRUCTIONS TO BIDDERS I. GENERAL This Contract will be administered by the Director of the Seattle Department of Transportation, subject to the approval and acceptance of the Director of Finance and Administrative Services. All questions shall be e-mailed and be directed to the following: Before Bid Opening: David Vijarro, PE Seattle Department of Transportation david.vijarro@seattle.gov After Bid Opening and Judy Keefe Before Execution: City Purchasing and Contracting Services Judv.Keefe@seattle.qov 206-684-8032 After Execution: Mark Sliger Seattle Department of Transportation Construction Management Mark.Sliger@Seattle.Gov 206-?33-9936 Inclusion Plan: All questions on the Inclusion Plan shall be directed to Miguel Beltran at Miguel.beltran@seattle.gov or 206-684?4525. Backup contact is Carmen Kucinski at or 206-6840133. II. BID OPENING The authorized Bid Form shall be submitted as speci?ed in Section In accordance with Section 1-02.12. Bids will be opened and read orally immediately after 2:00 pm. on May 24,2017 at the following address: City of Seattle City Purchasing and Contracting Services Seattle Municipal Tower Suite 4112 YOU Fifth Avenue Seattle. Washington 98104 Ill. TIME OF COMPLETION Work shall begin immediately on the Notice to Proceed Date in the Written Notice from the Engineer and after the date of such notice shall be physically completed within the following period per Section 3 of the Agreement: 120 WORKING DAYS IV. LIQUIDATED DAMAGES If the successful Contractor fails to comptete Work within the time set forth above, (s}he shall be charged Liquidated Damages per Section 4 of the Agreement and Section 1-080. See Section 1-039 for method for determining cost of liquidated damages. V. SUBSURFACE INFORMATION Refer to Section for information about any geotechnical or environmental reports, soil boring data, soil sample test data, or other data accumulated by the Engineer. Version: 07f2?lt2016 City 201' 7 ARTERIAL ASPHALT AND CONCRETE 4 TH A VE Page 2 0-01, 1 to Bidders VI. ITEMS OF INTEREST TO BIDDERS Reference Addenda 1-026 Additive, Alternate, Deductive 1-02.11 Award of Contract 1-032 Bidder, Responsible 1-021 BidderISubcontractor List Bid, Form and Style of 1-025 Bid Guaranty 1-02.? Bid Guaranty. Return of 1-035 Bids, Public Opening of 1-02.12 Bid Submittal Bid Submittal Date, Change of . Bid Tabulation Bid, Modification or Withdrawal of 1-02.10 Bidders, Disqualification of 1-02.14 Bidders, Quali?cations of 1-02.1 Bids, Irregular 1-02.13 Bond, Bid see Bid Guaranty 1-02.? Bond, Payment and Performance Contract, Execution of 14213.3 Contract, Failure to Execute the 1433.4 Equal Bene?ts, Af?rmative Efforts, Equal Employment Opportunity and Non-Discrimination Requirements 1-07.11 Error, Claim of Examination of Bid Documents and Project Site 1-024 Information, Pre-Award 133.1(4) Evidence of Insurance Liquidated Damages Agreement Form, Section 4 and 1-089 Non Collusion Requirement 1-028 Inclusion Plan 1-02.13, Supplemental Bidder Responsibility Criteria 1-022 Owner, Rights of the 1-031 (5) Responsible Bidder Requrrements1-02.1 Quantities, Estimated 1-023 Time for Completion Agreement Form, Section 3 and 1-085 Wages, Prevailing Wages VII. USE OF RECYCLED MATERIALS Refer to Section 9-03.18 for information on the use of recycled Materials in Aggregates. Refer to Sections and for information on the use the use of pozzolans in cement concrete. Other Sections of the Contract may also allow for the use of recycled Materials, REQUIREMENTS T0 RECYCLE MATERIALS Refer to Section for information on requirements to recycle materials. Other Sections of the Contract may also require the recycling of materials, IX. CONSENT DEGREE ACKNOWLEDGMENT The City of Seattle the United States Environmental Protection Agency and the Washington State Department of Ecology (?Ecolmy?), have entered into a Consent Decree to settle the Complaint ?led against the City by the United States in the United States District Court for the Western District of Washington, captioned United States of American and the State of Washington v. City of Version: UTI21I2016 City 201? ASPHALTAND CONCRETE 4TH A V5 8 Page 3 0-0 1.1 to Bidders Seattle, Civit Action No. 2:13-cv-678, ("Consent Decree"). The Complaint alleged that the City of Seattle (?City") violated Sections 301 and 402 of the Clean Water Act, 33 U.S.C. ??1311 and 1342 and the conditions and limitations of its National Pollutant Discharge Elimination System permit issued to the City by Ecology as authorized by EPA under Section 402(b) and the CWA. Article II, Section of the Consent Decree establishes that ?any action taken by any entity retained by the City to implement the City?s obligations under this Consent Decree shall be considered an action of the City for purposes of determining compliance with the Consent Decree." Article II, Section 6 of the Consent Decree requires that the City provide a copy of the Consent Decree to all agents of the City, as well as to any engineering, consulting, or contracting ?rms or any other entity hired by the City to perform work that might reasonably require compliance with any provision of the Consent Decree. Section 6 expressty requires that ?the City shall condition any contract upon performance of the work in conformity with the terms of this Consent Decree." The Consent Decree requires, among other things, that the City, its agents and its contractors operate in a manner that does not cause sanitary sewer over?ows (?380s?) or dry weather overflows These requirements are incorporated into this contract, and the Contractor is required to comply with these and all terms of the Consent Decree. Based on the foregoing, the City has determined that this contract shall be and is subject to the provisions of the Consent Decree, and that the Contractor is expressly required to comply with all terms of the Consent Decree as a condition of this contract with the City, and that a copy of the Consent Decree is attached to this contract as an Appendix. By signing this contract. Contractor acknowledges receipt of the Consent Decree, and af?rmatively represents that it has read the same, understands the requirements of the Consent Decree, and agrees that all Work in this contract shall be performed in conformity with the terms of the Consent Decree. Contractor further acknowledges that in the event that actions by the Contractor causes a violation of the Consent Decree that results in increased costs to the City through increased contractor costs, penalties or other claims. the City reserves all rights and legal remedies to recover such costs. Version: 07f21i2016 - City 2017 ASPHALT AND CONCRETE 4TH A VE Page 4 0-01. 2 Checklist for Bidders 0-012 CHECKLIST FOR BIDDERS The following items must be completed and submitted with Bid for the Bid to be considered responsive: 1. Bid Form Unit Prices {Section . Include unit prices and unit price extensions for each Bid item on all Bid Schedules (when indicated) and Additives (when indicated). 0 Complete Bid summary. 2. Declaration {Section . Acknowledge all Addenda issued as a part of this Contract . Complete and sign Declaration. Signer must be authorized to legally bind the Bidder. 3. Bid Guaranty {Section 1-02.71: . Must not be less than 5% ofthe maximum Bid amount including retail sales tax. 4. With regard to Section 0-01.4 INCLUSION PLAN: a. Have you completed the Inclusion Plan? This form must be submitted with your bid if the Owner has estimated the Project will cost over $300,000. The Inclusion Plan is a condition of Award for this Contract. ALL OF THE ABOVE ITEMS MUST BE COMPLETED OR YOUR BID MAY BE DECLARED NON- RESPONSIVE. 5. Bidder! Subcontractors List {Section . Complete and sign Bidder! Subcontractor list. . Submit Bidder! Subcontractor list with Bid or separately to CPCS within one hour of Bid submittal. 6. Supplemental Bidder Responsibility Criteria [Section 1-022): . The Supplemental Bidder Responsibility Criteria Form and any additional documentation shall be submitted to CPCS within three (3) Business Days of receipt of request. FAILURE TO COMPLETE. SIGN, AND SUBMIT ALL OF THE ABOVE BY THE REQUIRED DEADLINE MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. Submitting Bid: Bids must be submitted on authorized Bid Form provided on eBid site and must be submitted to City of Seattle City Purchasing and Contracting Services at one of the following addresses by 2:00 pm. on the date designated for receipt of Bids in the Advertisement for Bids: Post Of?ce Box: Seattle Municipal Tower, PO Box 9468?, Seattle, WA 98124-4687 OR: StreetAddress: 700 5th Avenue Room 4112, Seattle Municipal Tower, Seattle, WA 98104. If sending by courier (UPS, FedEx, etc.) the street address shall be used. If sending by United States Postal Service (USPS), the Post Office Box shall be used. Bidders are responsible for ensuring that the proper Zip code is used. The City of Seattle will not be responsible for a late bid. Bids received after the deadline will be returned unopened. Bid Opening: Bids received by 2:00 PM. on May 24,201? will be publicly opened and read immediately after 2:00 PM. on May 24,2011 Department of Finance and Administrative Services City Purchasing and Contracting Services Seattle Municipal Tower Suite 4112 700 Fifth Avenue Seattle, Washington 98104 Version: 07l21l2016 - City 201? ARTERIAL ASPHALTAND CONCRETE 4TH AVE 8 Page 5 0-013 Bid Form BID FORM TO THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES OF THE CITY OF SEATTLE: A. The undersigned Bidder hereby certi?es to have personally and carefully examined the Bid Documents issued for: 201? ARTERIAL ASPHALT AND CONCRETE 4TH AVE 8 as authorized under Ordinance Number(s) 124927. B. The Bidder has examined the Project Site where the Work Is to be performed and the conditions affecting the Work; C. Understanding that the quantities shown in the Bid are estimates only. being given for the purposes of comparing Bids, the Bidder hereby proposes to furnish all Material and labor and to perform all Work which may be required, and to complete the Work within the time ?xed and upon the terms and conditions provided in the Bid Documents for the following prices: D. The Bidder has attached a Bid Guaranty in the amount of five percent of the Total Bid including retail sales tax in the form of cashier?s check. certified check, or Bid bond; (NOTE: The letters whenever appearing in the Bid item number column of the Bid Form indicate that additions or revisions to the Standard Specifications applicable to that Bid item are included in the Standard Supplemental Specifications and Special Provisions. The Contractor is advised to review those requirements regarding Bid items so designated. The number to the left of the Bid item description denotes the ?Bid item code" for that particular Bid item. if it is a six digit number. the first three digits indicate the associated Speci?cation division and section number. If it is a seven digit number. the ?rst digit denotes the schedule number and the next three digits indicate the associated Specification division and section number. The last three digits comprise the identi?cation number for that item within the particular Section. An asterisk appearing in the ?rst column of the Bid Form denotes those items in which the Owner will pay retail sales tax in accordance with the excise tax Rule 170 {refer to Section 1-07.28) of the Specifications). For all other Bid items, the Contractor shall include retail sales tax in accordance with the excise tax Rule 1?1 (refer to Section 1-0129) of the Speci?cations) Version: 07'f21r'2016 - City BID FORM 2015-141 SECTION 0-013 2017 ARTERIAL ASPHALT AND CONCRETE 4TH AVE Page a . Item IIem Estimated . . . Bid Item Code Descriptlon Quantity Unlts Unit UnIt Extension SCHEDULE: EASE BID SP 1 104001 MINOR CHANGE 50,000 CALC $1.00 $50,000.00 SP 2 105005 CONSTRUCTION SURVEYING 1 LS "70,5290. 9/0. 00.0. a a SP 5 107501 FIELD OFFICE FOR ENGINEER STAFF 105005 CRITICAL PATH SCHEDULE UPDATE, MIN$3000 per EA 6O 5 105005 MOBILIZATION 1 LS 357000 5 110005 MAINTENANCE AND PROTECTION OF 1 LS 35: 000- (If: 00% 0? TRAFFIC CONTROL INCLUDING FLAGGING 0 7 110020 TRAFFIC CONTROL PEACE OFFICERS 1.000 110501 PORTABLE CHANGEAELE MESSAGE SIGN 30 WK 7 1? 9. 5 06?- 9 202030 REMOVE ASPHALT PAVEMENT 105 51* ?9 - 05-0. 10 202035 REMOVE CEM CONC SIDEWALK 255 202045 REMOVE PAVEMENT 13,400 SV 201?, 000. 0? GI 12 202145 REMOVE CURE 505 LF 3 7: 5 25"- 0? 0 I 13 202100 REMOVE PIPE 25 LF 3 . 751:) . 99 14 202205 REMOVE FOUNDATION, PEDESTAL ?7?0 0- 15 202550 REMOVE HANDHOLE :25? 0? 2 15 202240 REMOVE INLET 1 EA . Bidder: TITAN EARTHWORK, LLC Page Subtotal: BID 2015-141 SECTION 0-013 Bidder: TITAN EARTHWORK, LLC 201T ARTERIAL ASPHALT AND CONCRETE 4TH AVE Page 2 . Bid Item Bid Item t' cl and Item Code Description 05 Units Unlt Price Unlt Price ExtenSIOn SCHEDULE: BASE BID 0 DD 1? 202370 REMOVE PEDESTAL 049" - 0d 15 202415 REMOVE POST, STREET NAME 1EA 5f ?9 9/ an. (7?0 00 15 202750 SAWCUT ASPHALT CONCRETE, FULL DEPTH 20225? SAVVCLIT CEMENT CONCRETE SIDEWALK, 555 LF - 571 0. FULL DEPTH 21 202270 SAVVCIJT RIOID PAVEMENT, FULL DEPTH 1,545 202501 SAVVCUT RIGID CONCRETE 5,457 LF 6 - 5? 5, 4992 - EASE 00 OD SP 25 202502 SAWCUT RIGID PAVEMENT, FULL DEPTH. 45 LF . 6 75'. RADIAL 24 202503 REMOVE SIONALIZATION HOLOATE ST) 1L5 9519- 25 202504 REMOVE SIONALIZATION IS STACV ST) 1 LS 9? 7511. Kra- '9 DU 0 25 202405 REMOVE SICNALIZATION (S LANDER 1 L5 9f0- 9/2 . 0 27 202505 REMOVE SIONALIZATIONIS HORTON ILS 75'7?- 757+ a 25 20250? REMOVE WIRELESS SENSOR 54 EA 200- 00 1?9. .300. a" 20 204005 COMMON EXCAVATION 555 215050 CONSTRUCTION GEOTEXTILE FOFI SOIL 1,205 SV 30- STABILIZATION 31 401002 MINERAL 330 TN 9/0- f? 3, 2 do 32 401014 MINERAL AOSREOATE, TYPE14 1245 TN 50 . 2 0" Page Subtotal: BID FORM 2016-141 SECTION 2017 ARTERIAL ASPHALT AND CONCRETE 4TH AVE 3 Page 5 Bid item Bid Item Bid Estlmated Units Unil Price Unit Price Extension Code Description (IlUI'antInIr SCHEDULE: BASE RID no 061 33 504020 SURFACE PREP, PRELEVEL 500 TN /004 5?0, 090 - 00 0b 54 504025 SURFACE PREP, PLANE BITUMINOUS 55,300 SY - 3 3 5'0 0- PAVEMENT I 35 504045 PAVEMENT, WMA (CL 172INI 11,500 TN ,0 . 0" 2,20?- 55 504055 PAVEMENT, VVMA (CL 1 5,400 TN 1? . a" 86 4? 00g. 0 00 37 504250 PAVEMENT PATCH, TEMPORARY 500 TN I 3 4 5?90- 00 UL) SP 35 504250 WATER MAIN PROTECTION, VVMA PAVING 500 504310 CRACK SEALING. SAND SLUFIPIY 10,000 LP 1? - (1,5125. . 00 40 705305 REDUILD MAINTENANCE HOLE 1 EA 4' 600. 6'00 on 41 705451 INLET. TYPE 2505 1 EA 2 .. 0019- 2. 000. 00 42 705255 PIPE, INLET CONN, D.I720005 ADJUST MH2,3700. a 44 720230 UTILITY CASTING, TYPE 230 5 EA 6 00. 3, 05?0- 45 720255 UTILITY CASTING, TYPE 255, VANED GRATE 10 EA 3 3, Ot} 45 720255 UTILITY CASTING, TYPE 255. VANED GRATE 7 EA 2 3?0- 00 47 720300 UTILITY CASTING, TYPE 351 501001 CONSTRUCTION STORMYVATER 5 EROSION CONTROL PLAN (CSECP) Bidder: TITAN EARTHWORK, LLC Page Subtotal: BID FORM 2013-141 SECTION 0-91 .3 201T ARTERIAL ASPHALT AND CONCRETE 4TH AVE Page 0 Bid Item Bid [tern Estimated . Item Code Description Quantity Unlt Urut Price ExtenSIDn SCHEDULE: BASE SID SP 43 301002 TREE, VEGETATION 3 SOIL PROTECTION 1 L5 7 957.0- 95?751. PLAN 50 301003 SPILL PLAN 1 L5 9/ 75?0. 0? 7511- 51 304015 GUFIB AND CUTTER, CEM CONC 131 LF 1?75", 00 52 304025 CURB, CEM CONC 1.4112555 POZZOLANS 200 LF 9'5 - 0? 000. 0" 3?0 .1.- 53 303002 LANE MARKER, WPE2A 1,004 EA I 8. 9" SP 54 314205 CONC 14112553 POZZOLANS 273 3?1? 8 0 - 0? 2 9V0. 0" 55 314210 215 LF 0? 3, 0 0? 0? POZZOLANS SP 55 314220 CURB RAMP 422A 111112515 POZZOLANS 11 EA 3.1 3 579- 0? 35-: 7f? . 0' 57 321015 INSTALL SIGN, STREET NAME, OWNER 1 EA ?00- i 00- FURNISHED, POST MT. 53 321040 POST, STREET NAME 1 EA 9/90. 0" 0? 53 322013 PAVEMENT MARKING. THERMOPLASTIC, 3 IN 3,720 LF 3 . 1'5: a? 5? 2 00. 0 STRIPE 30 322020 51 EA 75-. 0? 3, 9-15?? a? SP 51 322301 PAVEMENT MARKING, MMA, PROFILE 4" 43,372 STRIPE 52 321020 SIGN, INSTALL PROJECT IDENTIFICATION, 2 EA 900- ?7 3 0 0- 0? POST MOUNTED 0 SP 03 331150 SIGNAL HEAD, PEDESTRIAN COUNTDOWN, 0 EA ?00331120 PEDESTRIAN PUSHBUTTDN ASSEMBLY 15 EA ,1 6' 01:1 "a 2 Bidder: TITAN EARTHWORK, LLC Page Subtotal: BID FORM 2016-141 SECTION 201T ARTERIAL ASPHALT AND CONCRETE 4TH AVE 5 Page 10 Bid Item Bid Item EStlmated Item Code Description Units Unit Price Unit Price Extension SCHEDULE: BASE BID SP 35 331303 OETEOTOR PTOIA300. SP 33 331530 WIRELESS SENSOR 51 EA 30-0. 4 6. foo. SP 37 331535 SIGNAL WIRING HOLGATE ST) 1 LS 595: 00 0. 0? 2 09". SP 33 331573 SIGNAL 14TH AVEIS STACY ST) 1 LS 000. 00 M: (300. SP 55 331577 SIGNAL WIRING (4TH AVEIS LANOER ST) 1 LS 5'00. 7, 5?00. 0" SP 70 331523 SIGNAL WIRING HORTON 1 LS A2570 0- a fuel. 71 332410 PEDESTAL, STEEL, 10 FT 3 EA I, 5'09- 5'00. ?0 32 332500 PEOESTRIAN PUSH-SUTTON POST 332550 FOUNDATION.PEOESTAL 4 EA 2, 900? 0? 8: 000. 0? 34 332555 FOUNDATION, PEOESTRIAN PUSH SUTTON 5 EA 000. 0? 5: 000. 0? POST 35 333010 IN 30 LP 25-: 0? #513. 0? 73 333020 OONOUIT?7?00 . 0? 37 333030 OONOUIT, PVC333200 TRENOHING.OONOUIT 330 LF 50 . 7,5100 . ?90 73 333220 OONOUIT RISER, EM 1 EA 3, 52ft) . 0" 3,2570. 0? 30 333301 HANOHOLE.TYPE1 1EA (I, MU. 0" {03. 0" Bidder: TITAN EARTHWORK: LLC Page Subtotal: BID FORM 2015-141 SECTION 2017 ARTERIAL ASPHALT AND CONCRETE 4TH AVE 5 Page 11 Bid Item Bid Item Estimated . Bid Item Code Description Units Unit Price Umt Prtce Extension SCHEDULE: BASE BID a 31 333333 HANDHOLE, TYPE 333333 HANDHOLE, TYPE 3 5 EA 5790. 0' L2. 5790- 0? a 33 333335 HANDHOLEJYPES 4 EA 5. 00 o. .2 00a. Bidder: TITAN EARTHWORK: LLC Page Subtotal: BID FORM SUMMATIDN 2015-141 SECTION 0431.3 2017' ARTERIAL ASPHALT AND CONCRETE 4TH AVE 5 Page 12 BASE BID (itemsl through 83 inclusivepm: State Sales Tax Total BASE BID including tax 3 32 . 3" Total all Schedules including tax 5/ 732, 2" 201? ARTERIAL ASPHALTAND CONCRETE 4THAVES P395213 Declaration DECLARATION I declare, under penalty of perjury under the Laws of the State of Washington, as follows: A. w: agree to perform the Work in compliance with the Bid Documents, for the prices stated in Section of the Bid Form. B. NON-DISCRIMINATION: I agree to ensure equal opportunity for employment and to engage in Affirmative Efforts in the solicitation of women and minorities and WMBE firms for participation on this Contract in accordance with SMC Ch. 20.42 and RCW 35.22.650. C. NON COLLUSIDN: 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 the preparation and submission of a Bid to the Owner for consideration in the award of a contract on the improvement described in the Bid Documents. D. My bid takes into account the requirements imposed by Section 1-07.18, Subsection 8 which waives, with respect to the Owner only, the Contractor's immunity under RCW Title 51, {industrial Insurance) of the Revised Code of Washington. E. i agree to comply with the requirements regarding subcontracting, and the purchase of supplies or materials from ?rms that are not disqualified or otherwise debarred from doing business with the City under the provisions of SMC Ch. 20.42 or SMC Ch. 20.70. F. Responsible Bidder Requirements: My bid acknowledges that I am in compliance with all of the responsible bidder requirements under RCW 39.04.350, including: having a certificate of registration under RCW 18.2? prior to bidding; a UBI number; industrial insurance coverage if required under Title 51 an employment security number under Title 50; and a state excise tax registration number under Title 82. I af?rm I am not disqualified from bidding on any public works contract under RCW 39.06 or RCW 39.12.065(3) or on the Federal Excluded Parties List System (eplsgov). I will provide proof of these requirements if requested. G. Communitv Workforce Agreement By submitting my Bid I agree to comply with the terms and conditions of the City of Seattle?s Community Workforce Agreement and Priority Hire. Page 1 of2 Bid Declaration: FAS Rev 11?2016 201? ASPHAL TANO CONCRETE 4TH AVE Page 14 001.3(1) Deciaration GENERAL BUSINESS INFORMATION Business Name: TITAN Earthwork, LLC Wine? Strait Add'ess? 1585 Valentine Ave SE, Paci?c, WA 9804? ?Wine? Mai'ing Add'E'iS: 1535 Valentine Ave SE, Paci?c, WA 9304? Business Phone, general: 206-325-3004 Business Fax: 253-444-3800 if the above address is not in the State of Washington please ?ll in the foiiowing: Washington State Of?ce Address: State in which the Company is formed: Please compiete the following: State of WA UBI No.: State of WA Contractor Registration No.: Employment Security Department No. City of Seattle Business License No.: Washington 6132?6053453 TITANEL936CO 3625890?006 595439 CONTACT INFORMATION Primary Contact for Award {Name and Title}: Primary Contact Phone: Administration Contact {Name and Title): Administration Contact Phone: Social Equity Contact [Name and Title): Social Equity Phone: Steve Greiling, Member 206330?433 Ema": sgreiling@TITANearth.com Morgan L. Callahan, Controller 206?325-3004 Ema": morgan@TITANearth.com Iosh Vogt, Project Manager 206-245-3204 Email: jvogt@TITANearth.com INSURANCE INFORMATION Name of Insurance Company: Berkley Insurance Company Name of Insurance Contact: Kyle Howat Insurance Contact Phone: 253?759?2200 Email: kyle.howat@propelinsurance.com Receipt is hereby acknowledged of Addenda Nels}; OFFICIAL I HORIZED TO SIGN FQB BIDDER: I certify (or declare} under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct: Location or Place Executed (City, State): Paci?c, WA Print Name and Title: Steven R. Greiling, Member Date: 05i24i1? Page 2 of 2 Signature: Bid Declaration: FAB Rey 11-2015 201? ARTERIAL ASPHALTAND CONCRETE 4THAVE Page 15 0-014 Inclusion Plan Ill-01.4 INCLUSION PLAN Bidders must complete and submit the inclusion plan form with their bid. Carefully read the attached instructions. SOCIAL EQUITY PLAN Bidders must complete and return this Social Equity Plan to CPCS on or before the Preconstruction Meeting. City of Seattle City Purchasing and Contracting Services (OPUS) Inclusion Plan Construction Public Works Bidders must complete and submit this form with their bid. Carefully read at! instructions. For questions or assistance contact: - Miguel Beltran, City Contract Compliance Manager, 206?684?4525 (Miguel.Beltran@seattie.dovi - Carmen Kucinski, 206-684-0188 icarmen.kucinski@seattle.oovi Bidder Company Name TITAN EARTHWORK, LLC Public Works Number Project Title 2017 ARTERIAL ASPHALT AND CONCRETE 4TH AVE 3 Name of person authorized to speak on behalf of the company regarding this Plan VOGT Email josh.vogt@TITANearth.com Phone Edd?2453204 Aspirational WMBE GOALS. Total available score: 6 points. Identify the Aspirational WMBE Goals Bidder believes can reasonably be achieved through good faith efforts during this project. It is not mandatory that these goals be achieved; they are not contractually or legally binding. Goals must be developed in good faith and represented as attainable by reasonable ettorts. Estimated percentage of the base bid to Minority Owned contractors and suppliers [2 ?fa Estimated percentage of the base bid to Woman Owned contractors and suppliers 0/3 Total estimated percentage of the base bid to all WMBE contractors and suppliers a, 2-19-16 1 Page BUSINESS SUPPORT STRATEGIES. Total available score: 4 points Each of the two options below is worth 2 points. Bidder may select one, both, or neither. Once selected, it applies to: Ftegistered as a Women or Minority Owned Business in the City Online Business Directory, andior Small Business Concern as certified by King County, andicr Disadvantaged Business Enterprise of any definition certified by the State of Washington, andfor Women or Minority Owned Business Enterprise as certified by the State of Washington; andior Small Business Concern certified by the State of Washington. Business Support Strategy Accept the subcontractor, within thirty (30) days of acceptance of the work performed by the qualified subcontractor. Advance Mobilization Pay: The Prime (and any sub-tier primes) shall advance 10% of the Early Betainage Release. The prime (and any sub-tier primes) will release retainage held for specified and agreed-upon mobilization costs that were identified by line item within the WMBE firms bid, to each qualified firm at least 5 days in advance of the mobilization event. WMBE GUARANTEES. Total available score: 6 points. A Bidder may offer to guarantee work to WMBE firms for the project, by identifying the WMBE and minimum dollar value of such work in the table below. You may add additional rows. Minimum Guaranteed WMBE Business Name Dollar Amount till one. for. 25,0, 000. .- rm 24,571. 00 Hot" Past-cm era. 0' TOTAL w? 56' Lie/0?, 900 ~00 5 2?19?16 2 Page City of Seattle: Public Works Women and Minority Business Inclusion Plan Instructions Carefully review all instructions. All Bidders must complete this form. The City public works inclusion plan requires the Bidder identify the good faith efforts the Bidder will use to include woman-owned and minority-owned business (WMBE) firms on the City project. There are 3 options for evidencing good faith efforts. Each option is worth points which can vary depending on information supplied by the Bidder. There are a maximum of 16 points available. The Bidder must earn at least to points. Bidders that earn less than to points will be found non-responsive and the Bid will be rejected. This inclusion Plan becomes a material part of the Bidder?s contract if the project is awarded to Bidder. WMBE firms are state certified or self-identified firms that are at least 5 WMBE owned {per Slut-C 20.42). A WMBE need not be selluidentified within the City Online Directory at bid time, but in such case must self-identi?/ and register by time of award. These resources may assist bidders: City On-Line Directory: Directory: 1. INSTRUCTIONS a. All Bidders {including WMBE Primes) must complete and submit this form as part of the Bid for City design-bid-build public works project having an Engineer?s Estimate of $300,000 or greater, unless the City expressly instructs otherwise in the bid package. b. There are three commitments Bidders can use to establish an Inclusion Plan Aspirational WMBE Goals, Business Suppolt18trategies, and WMBE Guarantees: Aspirational WMBE Goals are goals Bidder believes can be achieved by good faith efforts This option is worth a maximum of 6 points; 2. Business Support Strategies are those the Bidder commits to employ for qualified firms. This option is worth a maximum of 4 points; 3. WMBE Guarantees identify WMBE firms the Bidder guarantees to contract with for this project, with agreement reached about the work and pricing for the WMBE scope, including any terms and conditions important to the WMBE for their performance. This option is worth a maximum of 6 points. c. Work performed by a WMBE must be commercially useful and a distinct element of work that includes managing and supervising the work. The Contractor should evaluate the amount of work subcontracted, industry practices. and other relevant factors to determine whether the work is commercially useful. d. A Bidder scored less than to points will be deemed non-responsive. See Scoring section below. e. All dollars cited shall exclude sales tax (including references to the Total Bid Cost and estimates made by Prime when completing this form). 2. SCORING INSTRUCTIONS a. The average percentage of WMBE utilization on past City projects has been calculated by CPCS and is provided in the tabte below. This average is used to score the points that will be awarded for the aspirational goals and guarantees. These percentages are updated annually. Note that these averages include total WMBE utilization, not subcontracting alone, since aspirational goals may include prime self-performance. b. In addition to the Past Performance, scoring also recognizes an intent to exceed past performance by at least 2 percentage points above past performance. c. It the project is characterized by work of various types, CPCS may calculate a unique utilization rate for the project given the weight of each. CPCS determination is not subject to challenge. d. The project type and percentage of past lelBE utilization will be stated in the bids advertisement and documents. e. If past utilization for a project type was zero, an Aspirational Goal above two percent will receive 6 points. Bidder must still identify Business Support Strategies and Guarantees it is willing to employ and will be scored accordingly. f. Points awarded for Wiv'lBE Guarantees will be calculated based upon total available work for subcontract given past performance. This section can be awarded as many as 6 points. g. A Bidder who has received a formal Deficiency Fleport issued by the City as a result of unfulfilled WMBE Inclusion Plan commitments on past projects will lose one point from the total score. h. When calculations are used to evaluate the points. the City will calculate points to the nearest tenth decimal place. The City will round up to the nearest tenth. 2-19-15 SIPage Under 2915 Roadway Facilily Parks? Boundary Structural Paint Struclural Natural Habitat Dredgi'tg Root groun 3 year average Past performance 1 Soft: 17% 260.5 1 39?ch 2?10 10/0 4% 30% 24%. Note: Boundary refers to projects performed in Pend Oreille County (Boundary). Parks utilization rate excludes the mandatory selfuperformed WMBE work for a prime. 3. ASPIRATIONAL WMBE GOAL INSTRUCTIONS a. Aspirational Goals represent a serious commitment to use good faith efforts to reach the stated goals. b. The City will rely upon the Total WMBE Goal to determine responsiveness. The City will correct the Total WMBE Goal if that provided by the Bidder does not match the IleE and WBE goals. c. Aspirational Goals are a percentage of the Base Bid and during the course of the project will apply to the total contract amount including all contract change orders (additives, alternates and deductives). Contractor may seek a goal adjustment if such changes may merit a greater or lesser goal; CPCS will consider such requests, approve if appropriate. and modify the Plan accordingly. d. A WMBE Bidder may include in their goals and guarantees that percentage of contract base bid for work which the WMBE intends to self-perform that is in excess of the mandatory 30% they are otherwise required to perform as required by the City Specifications Section e. Bidder will receive between 0 and 6 points for its Aspirational WMBE Goals, with proportional points based on a straight line formula to Past Performance (plus identified for the project as advertised in the bid solicitation. Bidder receives 3 points if the Total Aspirational Goal is half of Past Performance Six points are awarded if the Bidder meets or exceeds Past Performance by 2 or more percentage points. For example, a project with Past Performance of 14%, would receive 3 points if the Total Aspirational Goal was 8% or 6 points if the Total Aspirational Goal was 16%. PA earn: 2), Where PA Points awarded for Bidder's Aspiration Goal A Bidder?s Aspiration Goal Applicable Past Performance Trend 4. BUSINESS SUPPORT STRATEGIES INSTRUCTIONS The Bidder may elect to provide the business support identified on Page 2 for qualified firms. The City will provide two points for each choice selected. There are two options, allowing a total of 4 points if both options are chosen: 1. Early Retainage Release. The prime and any sub-tier primes will release retainage held for the subcontractor, within thirty {30) days of acceptance of the work performed by the qualified subcontractor. 2. For mobilization, the Prime and any sub-tier primes will pay all qualified firms five days in advance of the on-site performance, except if a unique situation prohibits such as an emergency or event requiring an immediate mobilization response. In those events, the Prime [including any sub-tier primes) shall deliver the payment no later than 5 days after job mobilization begins. 6. WMBE GUARANTEE INSTRUCTIONS a. This guarantees the City and WMBE that they shall be used for at least the amount given, following the remaining rules below. A Guarantee expects the Bidder achieved agreement about scope, terms and cost of the work for the WMBE at bid time. The burden is upon the Bidder to resolve any differences, once the guarantee is given. b. The Prime should clearly document in writing, agreements made with the WMBE firm upon which the guarantee was predicated, such as unit price or lump sum pricing as applicable, scope, terms or conditions, and subcontractor concurrence. This protects both parties when completing and executing the resuitant subcontract before work begins. c. The City may contact the WMBE firm or Prime after Bid opening to verify the firm has agreement to perform work as described in the plan. Failure to have agreement may result in rejection of the Inclusion Plan, rendering the Bid non- responsrve. c. A bidder will receive between 0 and 6 points for Guarantees, receiving a proportional number of points based on a straight line formula to Past Performance. A bidder will receive 3 points if the dollar-value of the Guarantees equals half of the Past Performance percentage. Six points are awarded if the Bidder commitments meet or exceed Past Performance. Where PG Points awarded for Bidder?s Guaranteed Goal 2-19-16 4 Page Bidder?s Guaranteed WMBE Goal Applicable Past Performance Trend (vs) d. A WMBE bidder may only include self-performed work above 30%. This is based on the self-performance minimum 8. required by the City Specifications Section 1-05.11 (3). Substitution of a Guaranteed lelBE firm is prohibited absent a waiver granted by the CPCS as a result of: Bankruptcy of the WMBE firm; Failure of the WMBE firm to provide the required bond; The WMBE firm cannot perform the work because they are debarred, not properly licensed, does not meet the subcontractor approval criteria, or in some other way is ineligible to work; Failure of the Subcontractor to comply with a requirement of law applicable to subcontracting; Death or disability of the principal of the WMBE firm rendering it unable to perform the work; Dissolution of the lelBE firm; Failure of the lelBE firm to perform satisfactoriiy in previous projects not known to Bidder at the time of bid; Failure or refusal of the WMBE to perform work for reasons other than contract term or pricing disputes; A change in scope of the contract which removes the guaranteed work from the project. . lelBE Subcontractor does not execute an offered contract that reflects the terms and pricing that was agreed upon as a condition of the Guarantee. The Prime must evidence that the WMBE Subcontractor failed to execute a contract offered by the Prime which reflected such agreements, after the Subcontractor was given adequate time to execute the offered subcontract. 45090745335?? 6. INCORPORATION OF PLAN INTO CONTRACT AND REPORTING REQUIREMENTS CPCS may discuss the Plan with the Apparent Successful Bidder before incorporating into the contract and may a. amend the Plan by mutual consent. b. CFCS reserves the right to require a completed Social Equity Plan as a condition for contract execution if no WMBE guarantees are provided in order to demonstrate results of good faith efforts. c. The Contractor must provide reports and documents as required by CPCS within 1 5 days. d. CPCS will evaluate Contractor?s WMBE utilization throughout the project. e. Contractor may not substitute a WMBE firm identified in the guaranteed portion of the plan unless the substitution is approved by CPCS. Such a substitution will not be considered unless Contractor can demonstrate clear necessity for such substitution. A Contractor granted permission to substitute for a guaranteed lelBE firm shall use good faith efforts to recruit another WMBE firm to perform the Work. f. If CPCS determines the Contractor is not making good faith efforts, it may take action as described in the project specification such as withholding invoice payments and breach of contract. f. The City will evaluate the WMBE utilization at close-out and may assign a Deficiency rating for failure to demonstrate good faith efforts. Deficient ratings are used by the City to determine Bidder responsibility on future work and debarment. To avoid a deficiency rating, the Contractor must demonstrate: 1. A good faith effort to achieve Aspirational goals. Attainment under 80% of the goal will likely be considered deficient; 2. Timely submittal of required and requested materials and reports to 3. Having advance agreements with each WMBE Guarantee, such that the WMBE understands and agrees that the WMBE Guarantee represents mutual agreement at time of the bid submittal; 4. Using all Guarantees? named in the Inclusion Plan, unless Prime received written authorization from CPCS for substitution; 5. WMBE relationships are harmonious, clearly communicated and free of undue dispute; and 6. WMBE work was commercialty useful as defined above. 2-19-16 5lPage 201? ARTERIAL ASPHALT AND CONCRETE 4THAVES Page 16 0-01. 5 Bidderf Subcontractor List 0-015 BIDDER l' SUBCONTRACTOR LIST In compliance with RCW 39.30.060 for all projects estimated to cost $1,000,000 or more, all Bidders shall complete and submit the Bidden'Subcontractor List (section 0-015). The completed BtdderfSubcontractor list shall identify all Subcontractors that the Bidder will directly contract with for the performance of HVAC, plumbing, and electrical work or indicate that the Bidder intends to self-perform the work, if awarded the Contract. If the HVAC, plumbing, or electrical specialty is left blank (either the name of a subcontractor is blank or a checkbox is not checked), the City shall accept the blank as ?self performance." if left blank, the City shall determine through clarification whether HVAC, plumbing, or electrical work is required to execute the project; if so, the Bidder must be licensed and qualified to self-perform at the time of Bid submittal or the Bid shall be rejected. The Bidder shall be bound to self-performance of that specialty for the duration of the Project. The Bidder may contract with more than one Subcontractor in each of these trades, but may not list more than one Subcontractor for each category of work. If Subcontractors vary with Bid Alternates, Additives, or Deductives, the Bidder must indicate on a separate Bidden'Subcontractor List which Subcontractor will be used for which Alternate, Additive, or Deductive. The BidderISubcontractor List must be submitted to the City Purchasing Contracting Services Division (PCSD) with the Bid, or separately within one hour of the time and date for Bid submittal. Failure to complete and submit the BidderiSubcontractor List by the required time will result in the Bid being declared non- responsive and rejected. The Bidder is responsible for the timely delivery of the Bidder Subcontractor List. If awarded the contract, the Bidder agrees to utilize the subcontractors identified on the BidderrSubcontractor List unless the City agrees to a substitution. Bidders may submit the BidderrSubcontractor List to City Purchasing a Contracting Services Division in person or by courier at 7'00 Fifth Ave, Suite 4112, Seattle, WA 98104: by fax to (206) 684-4511; or by submitting a signed PDF version of the form to Judy.Keefe@Seattle.gov. Clearly mark the Project Name and Bidder?s name to ensure the form is routed correctly. Trade You must check one box for each trade. If subcontracting, you must name the subcontractorts) you will use and the category of work. Heating, Ventilation 8; [3 Name of Sub(sj Category of Work: Air Conditioning Bidder will salt-perform this work IZl?s'er (th is project does not include this work) Plumbing Name of Sub{s} Category of Work: I3 Bidder will self-perform this work (this project does not include this work) Electrical Name of Subts) 82 Category of Work; LEI/Bidder will self-perform this work NIA (this project does not include this work} 2016?141 TITAN Earthwork, LLC PM Steven R. Greiling Name of Bidder?s Representative Member Title of Bidder's Representative FAS Ftev11r2016 BID BOND Conforms with The American Institute of Architects. ALA. Document No. KNow ALL av THESE PRESENTS, That we, TITAN Earthw'?rk: as Principal, hereinafter called the Principal, and the Berkley Insurance Company . of Morristown, NJ a corporation duly organized under the laws of the State of Delaware as Surety, hereinafter called the Shrew, are held and ?rmly hound unte CW Of Seattle :15 Obligee, hereinafter called the Ohiigee, in the sum of Five Percent of Bid Amount Dollars {5 Five Percent of Bid Amount for the payment of which sun-1 well and truly to be made, the said Principal and the said Surety, hind ourselves, our heirs, executors, adminiso?ators, successors and assigns, jointly and severally, finnly by these presents. WHEREAS, the Principal has submitted a bid for 201?l Arterial Asphalt and Concrete 4th Ave 5, 2015-141, Ordinance No. 124927 NOW, THEREFORE, if the Dhligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be speci?ed in the bidding or Contract Documents with good and suf?cient surety for the faith?ii performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or hoods, if the Principal shall pay to the Dhligee the di??erence not to exceed the penait}r hereof between the amount speci?ed in said bid and such larger amount for which the Obligce may in good faith connect with another party to perform the Work covered by said hid, then this obligation shall be null and 1void, otherwise to remain in full force and effect . Signed andsealedthis 24th dayol' May 1' 201?. . OMWMW H. Witness I Berkley Insurance Company . Xx? {lit 295511?141, 46-k1._ Karen Swanson Wimese Att Fact Heather L. Allen mm m- S-CIDEHGE 12MB KEIP u'tuuv No. Br-rzzug POWER or ATTORNEY BERKLEY assurance COMPANY WILMENGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the ?Company?), a corporation duly organized and existing under the laws of the State of Delaware, having its principal of?ce in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Karen Swanson; Julie R. Train; Brent .5. Heileseu; Christopher Kinyon; Jamie Diemer; Carley ESpt'rr?tn; Peter J. Comfort; Anaelies M. Richie; Kyle Joseph Howaa- Mary S. Norrell?; or Heather L. Allen ofPropeI Insurance of Tacoma, WA its true and law?rl Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00i100 U.S. Dollars to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal of?ce in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of con?icts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Of?cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in?fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attomey executed pursuant hereto; and said of?cers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations speci?cally named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and ?n'ther RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in?fact named; and ?n?ther RESOLVED, that the signature of any authorized officer and the seal of the Company may be affoted by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such of?cer or of?cers of the Company, notwithstanding the fact that they may have ceased to be at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Com any has on sed these presents to be signed and attested by its appropriate o?icers and its corporate seal hereunto af?xed this?-?E?day of 2016. Attest: (Seal) Br Berkley Insurance Company Ira S. Ledennan ?atter Executive Vice President Er. Secretary President WARNING: THIS POWER INVALID IF NOT PRINTED 0N BLUE SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD Jr Sworn to before me, a Notary Public in the State of Connecticut, this 2/4 ay of gg?? a 2016, by Ira S. Lederman and cor ry, and Jeffrey M. Hatter who are sworn to me to be the Executive Vice President an Senior Vice President, respectively, of Berkley Insurance CompanyMAFtlA C. HUNDBAKEN uoraav PUBLIC 6: ohm MY COMMISSION EXPIRES Notary Public, State bf Connecticut APRIL 30. 2019 CERTIFICATE l. the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorneyain-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. ii Given under my hand and seal of the Company, this day of . ,x (I. (x n. (Seal) W236 lv?incent P. Forte "r . r0 - Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry@berkleysurety.com Any written notices. inquiries. claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 3 ION Morristown. NJ 07960 Attention: Surety Claims Department Or Email: Please include with all communications the bond number and the name ofthe principal on the bond. Where a claim is being asserted. please set forth generally the basis of the claim. In the case of a payment or performance bond. please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwritcs surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company.