HomeMy WebLinkAboutCP2010 #21-18 2021 Sewer Repair and Replacement Project -- k"?'
Memorandum
CITY OF— ,. `
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"' - WASHINGTON
To: City Council, Mayor
From: Ingrid Gaub, Public Works Director 06/11/2021
Signe Date
CC: Ryan Vondrak, Capital & Construction Engineering Manager
Jacob Sweeting, City Engineer/Assistant Director Engineering Services
Re: Award of Public Works Contract 21-18, CP2010—2021 Sewer Repair and
Replacement Project
As delegated by the Mayor to award public works contracts within the authorization limits of
Auburn City Code 3.10.010, I hereby approve and award Contract No. 21-18 to the lowest
responsible bidder, Nordvind Company, LLC, on their total low bid of$1,174,474.54, including
sales tax for Project No. CP 2010, 2021 Sewer Repair and Replacement Project.
The City received two responsive bids and the low bid was approximately 7% below the
engineer's estimate. Staff performed verifications to determine that Nordvind Company, LLC
meets the responsible bidding criteria.
The total estimated project costs are within the total project budget.
The 2021 Sewer Repair and Replacement Project will repair and replace 2,213 linear feet of
sewer main, 543 linear feet of side sewer pipe and other sewer infrastructure; as well as restore
pavement, sidewalk areas and landscaping.
Staff will provide construction status updates on the monthly Capital Project Status Report.
Enclosure(s): Bid Tab Summary Sheet, Vicinity Map
ENG-003, Revised 2/21
Bid Tabulation - Bid Totals Summary
Project CP2010,2021 Sewer Repair and Replacement Project,21-18
Prepared By:City of Auburn
Bid Date:May 27,2021
W/O Tax Inc.Tax
ENGINEER'S ESTIMATE: $1,147,102.40 $1,262,959.74
AVERAGE BID AMOUNT: $1,130,432.19 $1,244,605.84
Basic BID Amount Total BID Amount Total BID Spread$ Total BID Spread%
LOW BIDDER: Nordvind Company $1,066,734.37 $1,174,474.54 -$88,485.20 -7.01%
Second Bidder. Northwest Cascade,Inc. $1,194,130.00 $1,314,737.13 $51,777.39 4.10%
Basic BIDTotal BID
(Tax not included) (Including tax)
1. Nordvind Company $1,066,734.37 $1,174,474.54
..............................................................................................................................................................................................................
2. Northwest Cascade,Inc. $1,194,130.00 $1,314,737.13
NOTE:An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder.This does not indicate,one way or the other,how other bidders would be considered if they were the low bidder.
5227/2021 Page 65
CP2010 Sewer Repair and Replacement Project
Vicinity Map
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VICINITY MAP
NOT TO SCALE I i
BOND IN LIEU OF RETAINAGE
(Retainage Bond -RCW 60.28)
Bond No. PB00499800493
KNOW ALL PERSONS BY THESE PRESENTS, THAT
Nordvind Company, LLC, 43112 248tA Ave E. Enumclaw, WA 98022, a
corporation organized under the laws of the State of
Washington and registered to do business in the State of
Washington as a contractor, as Principal, and Philadelphia Indemnity Insurance Company
a
corporation organized under the laws of the State of Pennsylvania and
registered to transact business in the State of Washington as surety, as Surety, their
heirs, executors, administrators, successors and assigns, are jointly and severally held
and bound to the City of Auburn, Washington, hereinafter called CITY, and are similarly
held and bound unto the beneficiaries of the trust fund created by RCW 60.28, in the sum
of five percent (5%) of all amounts earned by the Principal on the contract described
below.
THE CONDITIONS OF THIS BOND OBLIGATION ARE THAT:
WHEREAS, on the lCrikday of , 2021, the Principal executed
Contract No. 21-18 with the CITY for Projec Number CP2010, 2021 Sewer Repair and
Replacement Project; and •
WHEREAS, said contract and RCW 60.28 require the CITY to withhold from the
Principal the sum of five percent (5%)from monies earned by the Principal on estimates
during the progress of the construction, hereinafter referred to as earned retained funds;
and
WHEREAS, the Principal has requested that the CITY not retain any earned
retained funds as allowed under RCW 60.28;
NOW, THEREFORE, the condition of this obligation is such that the surety is held
and bound to the CITY and to the beneficiaries of the trust fund created by RCW 60.28 in
the sum of five percent (5%) of the final contract cost which shall include any increases
due to change orders, increases in quantities of work, addition of new items of work, or
otherwise, hereafter referred to as the final contract cost. If all purposes of RCW 60.28
and all contract obligations are fulfilled, then this obligation shall be null and void;
otherwise, it shall remain in full force and effect until release is authorized in writing by
the CITY.
IT IS FURTHER EXPRESSLY AGREED THAT:
1. The liability of the Surety under this bond shall not exceed five percent (5%)of
the final contract cost, if no monies are retained by the CITY pursuant to RCW 60.28 on
estimates during the progress of construction.
Retainage Bond
Page 1 of 3
ENG-050, Revised 9/18
2. In the event this bond ceases to comply with CITY standards, the CITY reserves
the right to resume the actual withholding of earned retained funds according to the
contractor's designated option for management of retainage under RCW 60.28.011(4).
In the event the CITY resumes withholding of earned retained funds, the liability of the
Surety under this bond shall not exceed the actual amount of the earned retained funds
which were covered by this bond and released by the CITY prior to resumption of actual
withholding.
3. The Surety hereby consents to and waives notice of any extension in the time
for performance of the contract, assignment of obligations under the contract, or contract
alteration, amendment, or change order.
4. Any suit under this bond must be instituted within the time period provided by
applicable law with venue in King County, Washington_ This bond and any proceeds
therefrom shall be subject to all claims and liens and in the same manner and priority as
set forth for retained percentages in RCW 60.28.
5. Until written release of this obligation by the CITY, this bond may not be
terminated or canceled by the Principal or the Surety for any reason. Any extension of
time for the Principal's performance on the contract, assignments of obligations under the
contract, or any amendment to the contract or change orders of any kind shall not release
the Surety from its obligation under this bond.
6. The contractor shall comply with all applicable requirements of RCW 60.28.
7. RCW 60.28 requires the CITY to accept a retainage bond in lieu of withholding
earned retained funds and the Surety hereby waives any defense that this bond or bond
form is void or otherwise not authorized by law.
8. Any claim or suit against the CITY to foreclose the liens provided for by RCW
60.28 shall'be effective against the Principal and Surety and any judgment under 60.28
against the CITY shall be conclusive against the Principal and Surety.
WITNESS our hands this 1st day of July , 2021
PRINCIPAL:
Nordvind Company, LLC
43112 248th Ave. E
Enumclaw, WA 9 022
By:
(Signature of Authorized Representative)
eft, P4i1'> s*r )
Print/Type Name
Retainage Bond
Page 2 of 3
ENG-050, Revised 9/18
SURETY' Philadelphia Indemnity Insurance
' Company
•
By: t, -0--u-.A, J
(Signature of Attorney in-Fact for Surety*)
Katharine J. Snider
(Typed Name of Attorney-in-Fact)
Dated 07/01/2021
Local Agent Name, Phone, &Address
Propel Insurance
601 Union Street, Suite 3400
Seattle,WA 98101
(206)676-4200
CITY OF AUBURN:
Accepted By:
Jacob Sw ting, sistant Dictor of Engineering/City Engineer
Dated: 7//C720 z'
Approved as to form:
C,O ,cw.
Kendra Comeau, City Attorney
*This bond must be accompanied by a fully executed Power of Attorney appointing the
Attorney-in-Fact before it becomes effective.
Retainage Bond
Page 3 of 3
ENG-050, Revised 9/18
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Carley Espiritu.Christopher Kimlon,Cynthia L JayEric A.Zimmerman,James B.
Binder,Jamie L Marques,,Kyle Joseph Howat,Aliceon A.Keltner,Tamara A.Ringeisen,Annelies M.Richie,Heather L Allen, Jacob T.Haddock,Holli Albers,Erica
E.Mosley Alyssa.1.Lopez,Amelia G.Burrill.Katharine J.Snider.Amber Lynn Reese and Brandon K.Bush of Bratrud Middleton Insurance Brokers.Inc.dba Propel
Insurance,its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and
writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company:(1)AppointAttomey(s)in Fact and authorize the Attomey(s)in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto;and
(2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given.And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27'u DAY OF OCTOBER,2017.
1927: s
(Seal)
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the
Corporate seal of said Company;that the said Corporate Seal and his signature were duly aiiYx_ed�.��1�\
COMMONWEALTH OF.N PENNSYLVANIA 1 1 1 �1 q 1 +
NOTewuSE,L 11
Lowe
Morgan
�' °�vu°" Notary Public:
ga.'ne7.2021
write FtMRvuM0.5dMN110M Of ROk/fiYj
residing at Bala Cynwyd.PA
(Notary Seal)
My commission expires: September 25.2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27th day of October,2017 are true and correct and are still in full force and effect I do further certify
that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1St day of July - ,20 !' ..
1927 Edward Sayago,Corporate Secretary
`;" `,.` PHILADELPHIA INDEMNITY INSURANCE COMPANY
BOND IN LIEU OF RETAINAGE
Date: 07/15/21
To: Jacob Sweeting, Assistant Director of Engineering/City Engineer
Return to Jenny for tracking by the City Clerk's Office
Shawn Campbell, City Clerk
Kendra Comeau, City Attorney
From: Jenny, jsebero@auburnwa.gov
( X ) For your approval/signature
( X) Return to me.
COMMENTS:
Bond surety is on the most current Authorized Insurance Company List in the State of Washington
from the Insurance Commissioner's Office.
Contract with: Nordvind Sewer Service, LLC d/b/a Nordvind Company
Project Number: CP2010
Project Description: 2021 Sewer Repair& Replacement
Awarded by PW Dir : 06/11/21
Contract Amount: $1,174,474,.54
• Contract number, date, and project number and name are correct.
• Surety Seal checked.
• Power of Attorney attached.
• Bond used is City-approved form.
• Project is budgeted Yes or No
Attachments
ENG-117, Revised 6/20