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HomeMy WebLinkAboutM G Wagner Co., Inc. - 2010 Convention Center Roof Repair Project Construction Contract Specifications & I April 2011 Bid Documents 1 LI I 1 .: _ aill lial II Itr - ,KrMA TVtlM1 :M °— -' .• -.-,. NoMk> T )ENTION YHE Ykl•tNll I :ENTER vhlta'v ... .:. _.. II �� r , . _ _1 1 . I , „; i ____ ; k . .•,.., , 1 • _ 4 - - : I v. ,. ita -;-,..., I!!..t 1 . , .„...: ,,„ir + .ti` � I VI I 2010 Convent Center I Roof Repair Project I n YA K I M A Yakima Valley Visitors VALLEY and Convention Bureau I YAK I M A 10 North Eighth Street VALLEY TOURISM 509575 1 ,.. I City of Yakima Engineering This contract provides for repair and improvement of the roofing at the Yakima convention Center, and other associated work, all in accordance 129 North Second Street with the attached Contract Plans, these Contract Provisions, and the I Yakima, WA 98901 Standard Specifications. I Engineering Department Phone � City Of Yakima (509)575 -6111 Engineering Construction FAX Engineering Division (509)576 -6383 ' Engineering Design FAX 129 North Second Street (509)576-6305 Yakima, Washington 1 CITY OF YAKIMA 2010 Yakima Convention Center Roof 1 Repair Project 1 QUOTE 1 ITEM DESCRIPTION AMOUNT 1 Roof Repair, Complete (Lump Sum) $ 89,037.00 1 State Sales Tax (8.2 %) $ 7,301.03 Total $ 96,338.03 START DATE: 4 / 01 /2011 FINISH DATE: 5 / 30/2011 Contractor's Signatures; -- Date: 10 / 29 / 10 1 Each bidder is required to list on the proposal and /or quote form the latest date he expects completion of the project. Time of completion is important and will be considered in the evaluation of the quotes. Failure to include a specific date may be sufficient grounds for rejection of quote. Please note scheduled start /completion dates above, this is due to 1) current work scheduled and 2) the majority of this work must be done in good weather conditions. 1 r 1 1 1 1IPage 1 CITY OF YAKIMA 2010 Yakima Convention Center Roof Repair Project p Project General Specifications I. General Scope of Work 1. Description of Project: The City of Yakima is seeking a written quote for the repair /replacement of the Yakima Convention Center roof as outlined in these plans and specifications. The general project scope is as follows: Area 1 (approximately 6589 sq. Ft.) ' This area shall be reroofed such that the ponding /pooling (from the kitchen addition) is eliminated. This requires that, at a minimum, the roofing be built -up and sloped so that all drainage in this area run to the existing roof drains along the west edge. The contractor shall ' appropriately modify and increase the height of any penetrating pipes, risers and equipment curbing in this area as necessary. Risers and /or other structures no longer used and identified as obsolete shall be removed and patched prior to finish roofing. The contractor shall furnish all labor, equipment and materials, including but not limited to structural build -up, roofing, flashings, sheet metal and vent piping to provide a complete work for this area Areas 2 - 5 (approximately 18,518 sq. Ft.) These areas appear to be in good condition and are in need of a thorough cleaning, repair /replacement of any flashings and roof drains, and the application of an aluminized seal ' coat to ensure that the roof functions efficiently. The contractor shall provide all labor and materials to complete the work described. 2. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in general. Only the best and safest methods of operation will be allowed. Any variance from the specifications or standards of quality will deem the bidder non - responsive and the bid will be rejected. ' 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, ' state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT /HMTUSA /other), environmental laws and regulations (EPA /WDOE /local), and health and safety laws and regulations (OSHA /WISHA /City Safety Codes) ' 4. Prevailing Wages: The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter M 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract will be 31 Page performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be final and conclusive and biding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is October 1, 2010. The new prevailing wage rates can be viewed, printed and downloaded at the following website: https: // fortress. wa. gov /Ini /wagelookup /prvWagelookup.aspx , and are applicable for this public works project which is located in Yakima County A copy of the applicable prevailing wage rates are also available for viewing at the office of the Owner, located at 129 North Second Street, Yakima, WA 98901, Engineering Department. Upon request, the Owner will mail a hard copy of the applicable prevailing wages for this project. I 5. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. 6. Submission of Quote: Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 4:30 p.m. on October 29, 2010 in a sealed envelope labeled "2010 Yakima Convention Center Roof Repair Project" with the quote due date written on it. ' 7. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 8. Review of Site: The contractor shall visit the site prior to submitting their quote and become aware of any problems, which may affect their quote. Bidders will not be allowed to adjust their quotes after submission, based on information, which could have been obtained through a site visit. Contact the persons listed below to schedule an appointment. 4IPage ' 9. Coordination: The contractor will coordinate his work with Bruce Floyd, Construction Supervisor, at (509) 575- ' 6138 or (509) 728 -3457; and /or Dan Ford, Project Engineer at (509) 576 -6754. 10. Time for Completion: The Contractor shall complete all physical Contract Work within 20 working days. Contract time shall begin no later than 10 working days following the written Notice to Proceed. Every day will be counted as a "working day" unless it is a nonworking day or the City Engineer determined unworkable day. A nonworking day is defined as a Saturday, a Sunday, a whole or ' half day on which the Contract specifically prohibits Work on the critical path of the Contractor's approved progress schedule, or one of these holidays: January 1, the third Monday of January, the third Monday of February, Memorial Day, July 4, Labor Day, November 11, Thanksgiving ' Day, the day after Thanksgiving, and Christmas Day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days. ' An unworkable day is defined as a half or whole day the Engineer declares to be unworkable because of weather or conditions caused by the weather that prevents satisfactory and timely performance of the Work shown on the critical path of the Contractor's approved progress schedule. Each working day shall be charged to the Contract as it occurs, until the Contract Work is physically complete. 11. Contractor's Liability Insurance (Sample Certificate Attached): ' The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis subject to the following minimum limits of liability: ' Commercial General Liability: Combined Single Limit: $5,000,000 Per Occurrence $2,000,000 Annual Aggregate r The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies. ' The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 20 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contract shall also maintain workers compensation through the State of Washington. If at any time during the life of the contract or any extension, the contractor fails to maintain the t required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. r SIPage Special Instructions 1. Contractor Responsibility Criteria: It is the intent of Owner to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the Owner to submit documentation demonstrating compliance with the criteria. The bidder must: ' • Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; I • Have a current Washington Unified Business Identifier (UBI) number; If applicable: ' • Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; • Have a Washington Employment Security Department number, as required in Title 50 RCW; • Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; • Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 2. Site and Specification Examination: ' a) The submission of a bid or quote shall be conclusive evidence that the contractor has made sufficient examination of the specifications and contract documents and has thoroughly investigated and is satisfied as to the existing conditions to be encountered at the various sites; the character, quantity, quality and scope of work; the quantities and qualities of materials to be supplied and equipment and labor to be used; and the requirements of the Contract and proposal submitted, including all addenda for performance of the work. It is understood that work will continue throughout the period of this contract at sites that have not yet been identified. b) The Contractor must be familiar with all state, federal and local laws, ordinances and regulations which in any manner might affect those engaged or employed in the work, the materials, equipment or procedures used in the work, or which in any other way would affect the conduct of the work. They are assumed to be familiar with such laws and regulations, and no plea of misunderstanding or ignorance of the law will be considered. c) The Contractor must determine, from careful examination, the methods, materials, labor and equipment required to perform the work in full and shall reflect the same in his bid price. If, in the performance of the work, additional materials, labor or equipment are required beyond those anticipated by the bidder, they will not be Wage I entitled to additional compensation except as may be provided for elsewhere in these specifications. ' 3. Permits and Licenses: Procurement of a City Business License. The successful Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. ' Washington Contractor's Registration. Bidders must have a valid Washington State Contractor's License at the time of opening of the bids. ' The Contractor must obtain all required permits and licenses required for this project, including but not limited to: building permits, street break permits etc. The Contractor is responsible for all traffic control and barricades. ' Traffic Control Plans, if required, shall be submitted to Dan Riddle, Street Break Inspector (509- 576- 6464/509- 728 - 3459), for approval prior to commencement of work. The Contractor is ' responsible for all fees incurred and traffic control and safety costs are to be part of the Contractor's bid. ' The final bid amount shall include cost of all materials, labor, traffic control costs and any and all permits required, and cost of applicable inspections. 4. Warranty: The contractor shall warrant to the Owner and guarantee the work under this contract against defective workmanship and materials for a period of one year commencing on the date of final acceptance of the work. 5. Best Modern Practices: All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular use shall be omitted, although specific mention thereof may not be made in these specifications. All work shall conform to the most current Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association as well as the City of Yakima Standard Specifications and Standard Details. The contractor shall furnish all labor, equipment, appliances and materials, and perform all operations in connection with the contract he is awarded in compliance with the terms of the contract. Only the best and safest methods of operation will be allowed. 6. Final Inspection and Acceptance: When the Contractor considers the work physically complete and ready for final inspection, the ' Contractor shall request the City to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. - - — _ -- 7IPage If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. I The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment after the final inspection and acceptance has occurred. 7. Failure to Complete Work on Time: Contractor shall not be responsible for delays in job completion due to unavoidable mechanical breakdowns, strikes, inability to secure component materials, acts of God or fire. Provided the City of Yakima Purchasing Manager is notified in writing by the contracted vendor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 8. Coordination of Work: The Contractor must maintain the overall coordination for the work being performed under this Contract. 9. Protection of Existing Structures /Features: Identification and location of all underground utilities are the responsibility of the Contractor. The Contractor shall: , a) Notify the Owner in writing, on each occasion, of the intent to work near underground utility services or structures. Submit proposed work "procedure for approval" to assure safe and continuous operation of the services. b) Proceed with sufficient caution to preclude damaging any utilities known or unknown. In the event unidentified utilities are encountered, the contractor must notify the Owner immediately. c) In the event utilities are damaged during construction, temporary services and /or repairs must be made immediately, at the Contractor's expense, to maintain continuity of services. I 10. Waste Materials: All refuse and waste material must be disposed of, in a legal manner, by the Contractor off the Owner's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. 11. Manufacturer's Instructions: All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. r I 8 I P a !,.; e I 12. Public Convenience and Safety: The Contractor must so conduct operations as to offer the least possible obstruction and inconvenience to the public, and shall have under construction no greater length or amount of work than can be performed with due regard to the rights of the public. The Contractor must provide and maintain such fences, barriers, directional signs, lights, and flag persons as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. 13. Dust /Debris Control: ' The Contractor must take whatever steps, procedures or means as are required to prevent abnormal dust and debris conditions being caused by the operation in connection with the work. Dust control must be incidental to this project. ' 14. Contractor's Vehicles: Contractor and employee vehicles, and all other vehicles entering Owner's property to perform work, must use an access route approved by the Owner. All such vehicles must park in a designated parking area approved by the Owner. ' 15. Non - Collusion Affidavit: (or Declaration) Each bid shall be accompanied by a properly executed non - collusion affidavit. (or Declaration) Contractor shall fill out the attached "Contractors Qualification Statement" and return with quote. Failure to include the qualification statement may result in rejection of the quote. (Include the Contractors Qualification Statement Sheet) 16. New and Unused: All equipment, parts and material shall be new, unused, manufacturer's latest model and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. 17. Right to Reject /Accept: ' The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. ' 18. Additional Work: Any additional work found necessary that is not specified in this Quote specification shall be listed on a separate sheet entitled "Additional Materials /Labor Required ". Work required, if necessary, above and beyond the scope of this contract will be by negotiation and written approval of the City Engineer prior to commencement. 19. Payments: t For progress payments, Vendor is to list percentage of work completed and the amount to: Accounts Payable, 129 No. 2nd St., Yakima, WA. 98901. To insure prompt payment each invoice should cite purchase order number, quote number, description of project, unit and total 1 91 Page I price, discount terms and include the vendor's name and return remittance address. Payment will be mailed within thirty (30) days of the properly completed invoice. 20. Prompt Payment: a. The prime contractor agrees it is important to pay each subcontractor promptly under this prime contract for satisfactory performance and failure to do so my exclude DBE subcontractors from participating in City contracts. b. Therefore, the contractor agrees to bill the City for each subcontractor's satisfactory performance of work on at least a biweekly basis, and pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen days from the receipt and approval of an invoice from the prime contractor. ' c. The prime contractor agrees further to return retainage payments to each subcontractor within fourteen days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non -DBE subcontractors. I 21. Points not addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their product. 22. Changes: Any proposed change in this contract shall be submitted to the City Engineer in writing. If approved, the City Engineer will make the change by a contract modification. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 23. Discrimination: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. I I r 1 r 10I #'• °• I I I CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 1 6 day of March , 2011, by and between the City of I Yakima, hereinafter called the Owner, and M. G. Wagner Co . , Inc . a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties I hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 96, 338.03 , for 2011 Yakima Convention Center Roof, all in accordance with, and as described in the attached plans I and specifications and the 2010 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. I Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Thirty (30) working days. If work has not commenced within the ten (10) days after the notice to proceed, the first chargeable working day shall be the eleventh (11th) working day after the date on which the City issues the Notice to Proceed. I If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. I The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. I II. The City of Yakima 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 I 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. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected I officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, I except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. I Countersigned: CITY OF YAKIMA CONTRACTOR this i ofd L 2011. M. G . Wagne ;Lat , '!t , Wash . Corporation ontra ` m I '-- > By: - -� `rte City Manage Attest: Scott Wagner I (Print Name) City Clerk _ �� ..`,, Its: President ;-yPKIMq 'x%`1 (President, Owner, etc.) I , 1 - * Address: P.O. Box 9605 s L . I s �', • 5�A ; Yakima, WA 98909 Il ` h 4SHIW_— 1111 I , Bond No. 1968023 I PERFORMANCE BOND . BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: r That we, the undersigned. M . G . Wagner Co . , Inc . a Washington Corporation as Principal and The Hanover Insurance Company a I hi Hamps re corporation organized and existing under the laws of the State of New as a 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 the CITY OF YAKIMA in the penal sum of $ 9 6 , 3 3 8 . 0 3 for the payment of which sum I 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 the CITY OF YAKIMA. DATED at Yakima, Washington, this 22 nclay of March 20 11 Never -the -less, the conditions of the above obligations are such that: WHEREAS, pursuant to action taken by the Yakima City Council on March 16 , 20 11 , the City Manager and City Clerk of the I CITY OF YAKIMA has let or is about to let to the said M . G . Wagner Co . , Inc . , the above bounded Principal, a certain contract, the said contract being numbered and providing for . 2011 Yakima Convention Center Roof (which contract is referred to herein and is made a part hereof as though attached hereto), and. I 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; I NOW THEREFORE, if the said M. G. Wagner Co., Inc. __ 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, sub - contractors and material men, and all persons who shall supply said principal or sub - contractors with provisions and supplies for the carrying on of said work, and shall hold said CITY OF YAKIMA, I their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the CITY OF YAKIMA, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, I then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and M. G. Wagner ., o Contractor Scott Wall (Print Name) I Approv to form tts: President (President, Owner, etc...) (Ci Attorney) ..�_e.._.__._._ The Hanover Insurance Company I ` (Surety) By: -\,&k. I 7 .s1.. /1_1 Susan B. Larson I (Print Name) A ttorney - in -Fact I I I THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY ' CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint t CARL NEWMAN, JILL A. BOYLE, DEANNA M. MEYER, LILLIAN TSE, SCOTT FISHER, ELIZABETH R. HAHN, STUART A. O'FARRELL, SUSAN B. LARSON, JANA M. ROY, KAREN P. DEVER, KARA N. HARMALA, BENJAMIN L. WOLFE ' Of Bellevue, WA and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: t Any such obligations in the United States, not to exceed Ten Million and No /100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: ' "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice ' President and an Assistant Vice President, this 12th day of July , 2010. THE HANOVER INSURANCE COMPANY ' MASSACHUSETTS•BAY INSURANCE COMPANY - "' I w CITIZEN SURANCE COMPANY OF AMERICA �,, „u Catt:310 � S � f /�_ . } ` Mary Jeanne de4on, Vice Preside t ' (219 4 - f Robert K. Grennan, Assistan ice President U THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. SAMNA amuck ,�.,, ►,,r, a oix Nola °, Public My commission expires on November 3, 2011 ' I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. ' This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and ' executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) �] GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this p� V1( d PC) C D , 20 / 1. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ' CITES INSU' • CE COM OF/AMERICA Step. . 8raut A'ssistan't Vice Preert6nt I Page 1 of 2 I State of Washington I Department of Labor & l Prevailing Wage Section - Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 III I Statement of Intent to Pay Prevailing Wage I Document Received Date: Intent Id: Affidavit Id: Status: Approved On 3/16/2011 447314 3/29/2011 I Company Details I M G WAGNER CO INC PO BOX 9605 UBI #: 397017132 Reg #: MGWAGCI141QG YAKIMA, WA 98909 E -mail: clockwood @charter.net I 509- 575 -0934 Industrial Insurance Account Id: 09389300 r , Prime Contractor Company Name M G WAGNER CO INC I Contractor Registration No. MGWAGCI141QG WA UBI Number 397017132 I Phone Number 509- 575 -0934 I Project Information Awarding Agency YAKIMA, CITY OF I 129 N 2ND YAKIMA, WA - 98901 Awarding Agency Contact Dan Ford I Awarding Agency Contact Phone Number 509-575-6113 Contract Number Project Name 2011 Yakima Convention Center Roof Contract Amount $96,338.03 I Bid due date 10/29/2010 Award Date 3/8/2011 I Project Site Address or Directions I httns: / /sectreaccess ANA pnv /1ni /nwia /ViewTnlent acnw :i.nrmi i 1 - Page 2 of 2 1 Intent Details Does your company intend to hire subcontractors to No I perform all work? Does your company intend to hire any subcontractors? No I Will your company have employees perform work on this Yes project? I Do you intend to use any apprentices? (apprentices are No considered employees.) Will this project utilize American Recovery and No I Reinvestment Act (ARRA) funds? Specifically, will this project utilize any weatherization or No 111 energy efficiency upgrade funds (ARRA or otherwise)? How many owner /operators performing work on the 0 1 project own 30% or more of the company? What is the estimated contract amount? Or is this a time $96,338.03 I and materials estimate? Expected project start date: (MM -DD -YYYY) 4/1/2011 I In what county (or counties) will the project be done? Yakima In what city (or nearest city) will the project be done? Yakima Journey Level Wages I County Trade Occupation Wage Fringe Workers Yakima Roofers Journe y $9.7 Level 1$23.00 7 6 III Show /Hide Existing Notes 1 No note exists I I I I r httos: / /secureaccess_wa.gov /Ini /nwia/ V iewintent actlx ifii i jj j i i I, co trV ® ' A CERTIFICATE OF LIABILITY INSURANCE DATE �� 03/23/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate, holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' PRODUCER CONTACT Parker, Smith & Feek, Inc. PHONE FAX 2233 112th Avenue NE INC. No, Ext): 425 - 709 -3600 (a/c, No): 425 - 709 -7460 E -MAIL Bellevue, WA 98004 ADDRESS: I PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A American Zurich Insurance Comoanv i M. G. Wagner Co., Inc. . I 1401 Hathaway PO Box 9605 INSURER B : Liberty Mutual Fire Insurance Company INSURER C : Yakima, WA 98909 INSURER D : INSURER E : INSURER F : I COVERAGES CERTIFICATE NUMBER:8 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR Wvn POLICY NUMBER (MM/DD /YYYY) (MM/DD /YYYY) LIMITS A GENERAL LIABILITY GLA379072805 5/1/2010 5/1/2011 EACH OCCURRENCE $ 1.000.000 III DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY " PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1.000 000 II GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2.000.000 — 1 POLICY X P� : LOC $ A AUTOMOBILE LIABILITY GLA379072805 5/1/2010 5/1/2011 COMBINED SINGLE LIMIT $ ' (Ea accident) 1,000,000 X ANY AUTO E BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE I HIRED AUTOS (Per accident) $ NON -OWNED AUTOS $ $ B UMBRELLA LIAB X OCCUR TH2661066056010 5/1/2010 5/1/2011 EACH OCCURRENCE $ 1,000,000 ' X EXCESS LIAB CLAIMS -MADE AGGREGATE _ $ 1,000,000 DEDUCTIBLE $ X RETENTION $ 10.000 $ WORKERS COMPENSATION GLA379072805 WC STATU- ER A AND EMPLOYERS' LIABILITY 5/1/2010 5/1/2011 TORY LIMITS X ER ANY PROPRIETOR /PARTNER /EXECUTIVE I N r- .. WA Stop Gap Employers OFFICER /MEMBER EXCLUDED? N / A I Liability E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000.000 PI r DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: 2011 Yakima Convention Center Roof, Yakima, WA. 'The City of Yakima, its agents, employees, volunteers and elected and appointed officials are I included as Additional Insured per attached form U -GL- 1175 -B CW 03 07. Notice of Cancellation applies per form attached. RESCINDS AND REPLACES ... (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Yi- lf�iiviA AUTHORIZED REPRESENTATIVE nd St. �/�°� WA 98901 -0000 � . -- I ©1988- 2009 ACORD CORPORATION. All rights reserved. ACORD 25 The ACORD name and logo are registered marks of ACORD 1 of 5 Cert#: 8 A.vztA,Afarcc rrronrn DESCRIPTIONS (Continued from Page 1) ` PREVIOUSLY ISSUED CERTIFICATE. ; , . • 2 of 5 CerI #: 8 hAaV /n.^_AI D tre =ann\ • COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefitlly. This endorsement modifies insurance provided by the following: BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVIRAGE. FORM i COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM I FARM COVERAGE FORM (:iARA(..i I„ COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRQDUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM II SCITEDULE: Number of Days' Notice: 6 0 (Um) entry appears above, inibrmation required to complete this Schedule will be shown in the. Declarations as applicable to this endorsement.) I . any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation_ as provided in paragraph 2, of either the CANCELLATION Common Policy Condition or as amended by an applicable stare cancellation endorsement, is increased to the number of days shown in the Schedule above. I I • I II ' I I I I insured Copy U- GU- 29s -I3 Cltf :4194# Page '.E of I .._. ....,r,rad #- p .�_.. -._.. -. - • AAnuMnr_aIco mra nnn% 11 9 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form ZURICH Policy No. Eff. Date of Pol. Exp Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. ' GLA3709072805 05/01/2010 05/01/2011 05/01/2010 7379100 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include to Jude as an insured any person or organization who you are re- quired to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury ", "property damage" or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only ' with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or U 2. The acts or omissions of those acting on your behalf; and resulting directly from: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the ad- ditional insured, which is the subject of the written contract or written agreement C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organiza- tion in the written contract or written agreement; and ' 2. We will not provide Limits of Insurance to any additional insured. person or organization that exceed the lower of: • a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. r Includes copyrighted material oilman Services Office, inc„ with its permission. Es -GC -I 1' 5•B CP: (3/2007) Paac. i of 2 4 of 5 fart# I i D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued ' by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: ' This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non - contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of t an endorsement to another policy providing coverage for the same "occurrence", claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non - contributory basis. ' G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. 1 Iodides. cnit<yrightcd material of bnsurance scr:ic;;s Office, Inc., with itr pen:tis,ion. U -GL-I 175 B Clot (3i2007) Pan 2of2 5 of 5 Cert #: 8 6 ArYA /R[ UC„ ,T.. .-t.,., , BIDDER RESPONSIBILITY CRITERIA: ' A. It is the intent of Owner to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the Owner to submit documentation demonstrating compliance with the criteria. The bidder must: ' 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; Contractor #: MGWAGC1141QG Effective Date: 5 / 18 / 10 Expiration Date: 5 / 18 / 11 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 397 017 132 ' 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ' Is account current? 093893-00 YE S Yes/No b. Have a Washington Employment Securit De Department number, as required in g Security p � q ' Title 50 RCW; # 242705 00 ' c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # A15 8939 10 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is contractor disqualified? NO Yes/No 1 1 17IPage CONTRACTOR QUALIFICATION STATEMENT ' Contractor must complete all portions of this statement before bid proposal will be considered. The following statements as to experience, equipment and general qualifications of the bidder as submitted in conjunction with the proposal, as part thereof and truthfulness and accuracy of information is guaranteed by the bidder and included in bid evaluation. I. Name and address of principal business office which Contract will be administered from: M.G. Wagner Co., Inc 1401 Hathaway St. Yakima, WA 98902 Telephone: 509 - 575 -0934 II. Number of years Contractor has been engaged in business: 73 The bidder as a contractor has never failed to satisfactorily perform a contract awarded to him except as follows: (Name of any and all exceptions and reasons thereof) None 1 1, IV. Contractor must have at least five (5) years experience as a contractor in this field of 1 work and have satisfactorily completed three (3) projects of this nature in the last five (5) years: 1. Location and for whom work was performed: West Valley School Dist. #208 (High School) 8902 Zier Rd., Yakima, WA Phone Contact Person 2. Location and for whom work was performed: City of Yakima (City Hall) ' 129 N. 2nd St., Yakima, WA Phone Contact Person ' 3. Location and for whom work was performed: City of Yakima (Police & Legal Center) ' 200 S. 3rd St., Yakima, WA Phone Contact Person 19IPage NON - COLLUSION AFFIDAVIT STATE OF WASHINGTON } } ss ' COUNTY OF YAKIMA } ' Scott Wagner , being first duly sworn, on his oath says the above bid herewith submitted is genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in an manner sought by collusion to secure to himself an advantage over any other bidder or bidders. Sign Here - Subscribed and sworn to before me this A9 day of 00.1-010.)2A- , 20 10 . � T O ARY �� '� . '•.O Notary Public in . for e State of Washington, Residing M comm. f 201 _ at N ; Match 10, • �` PUB\. -'G • \�C�.� • t 1 21IPage 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. 1 1 1 t 1 23IPage r MINIMUM WAGE AFFIDAVIT STATE OF WASHINGTON: } ' } SS COUNTY OF YAKIMA I the undersigned, having been duly sworn, depose, say and certify that in connection g � g Y � P � Y Y ' with the performance of the work, payment for which this voucher is submitted, I have paid the following rate per hour to each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such t reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has been paid less than the prevailing rate of wage or ' less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. Contractor 1 Subscribed and sworn to before me on this day of , 2010. 1 Notary Public in and for the State of ' Washington, residing at: 25IPage 1