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PK07-078 - Original - JV Constructors - Town Square Plaza - 05/21/2007
Records Managemen\147t� KEN Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: CW Contract Number: J91r07-o7 8 This is assigned by Mary Simmons Vendor Number: r\" VQly " Project Name: Tl0 W n S a UGt f P_ U (aZ a, i Contract Effective Date: Contract Termination Date: rb g Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: eQ� Department: -e0--f ks Pl o"n.m'✓J Abstract: ADCL7832 07/02 T CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City', and IV Constructors, organized under the laws of the State of Washington, located and doing business at PO Box 803546, Seattle, WA 98108-0346 ("Contractor'). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Town Square Plaza in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications'); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 240 calendar days. The Contractor shall provide and bear all 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 the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City 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 Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City s bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: L S E OOKE, MAYOR DATE: S/a1/p 7 ATTEST: BRENDA JACOSER, CITY CLERK APP V/E/D�AS T FORM: vV� K N LAW ktMENT CONTRACTOR JV s Ire BY; - IP4�-7 � PRINT NAME: Gary A. Johnson TITLE: President DATE: PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: Bond No. 6488052 That we,the undersigned, JV Constructors, Inc. as Principal, and First National Insurance Company of America a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the Iaws 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 KENT in the penal sum of$ ** , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be **Three Million Four Hundred Thirty-Two Thousand Dollars and No/100 ($3,432,000.00) This obligation is entered into in pursuance of tie statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of the Town Square Plaza(which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS,the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth. NOW. THEREFORE, for non-FHWA projects only if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall mdemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appeanng or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the CITY OF KENT, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body (SIGNATtiRES ON FOLLOWING PAGE) PERFORMANCE BOND PAGE TWO TWO WITNESSES: JV Constructors, Inc. �( PRINCIPAL BY: Gary A. Johnson Vivian A. Johnson TITLE: President DATE: DATE: CORPORATE SEAL: John F. Viger _ PRINT NAME First National Insurance DATE: Company of America SURETY � /'��� CORPORATE SEAL: BY* J&20— /" Theresa A. Lamb DATE: Attorney-in-Fact —" TITLE- ADDRESS: P. 0. Box 3018 Bothell, WA 98041-3018 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Gary A. Johnson Who signed the said bond on behalf of the Principal JV Constructors Inc Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SEC T RY OR SSISTA SECRETARY First National Insurance Company of America POWER ti <<< Safeco Plaza sr OF ATTORNEY Seattle,WA 98185 No. 7351 KNOW ALL BY THESE PRESENTS, That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint **************STEVEN K BUSH,BRANDON K BUSH,M J COTTON,JIM W DOYLE,CHAD M EPPLE,JULIE M GLOVER, DARLENE JAKIELSKI,JIM S KUICH,THERESA A LAMB,MICHAEL A MURPHY, NANCY J OSBORNE,ANDY D PRILL, 5 M.SCOTI-,STEVE WAGNER,Bothell,Washington*************************************************************" its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duly executed by Its regularly elected officers at its home office IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 9th day of January 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13 - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V Section 13 of the By-Laws,and (II) A copy of the power-of-attorney appointment,executed pursuant thereto,and (m) Certifying that said power-or-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof" I,Stephanie Daley-Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of N+y�xalicF co t s _ SEAL 2 1928 STEPHANIE DALEY-WATSON,SECRETARY - - _ S-10491DF 4105 " # Safeco®and the Safeco logo are registered trademarkaof Safeco�ramixahon y , CITY OF KENT KING COUNTY, WASHINGTON BIDDER'S PACKET FOR TOWN SQUARE PLAZA PROJECT NUMBER PR 2007 03 BID DUE: MONDAY, MARCH 26, 2007 10:00 A.M. AT KENT CITY HALL CITY CLERK'S OFFICE 220 FOURTH AVENUE SOUTH KENT, WASHINGTON 98032 TO BE PUBLICLY READ ALOUD: MONDAY, MARCH 26, 2007 10:15 A.M. JEFF WATLING DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES BIDDERS NAME: J V C�NftW-+[715, -h)(' . A pre-bid meeting is scheduled for Thursday, March 15, 2007 at 10:00 a.m. at Kent City Hall, Chambers East (first floor) 220 Fourth Avenue South, Kent, Washington 98032. .40 • KENT WASHtNGTON BIDDER'S PACKET ORDER OF CONTENTS _ Location Map and Directions to Site Contractor's Compliance Statement Bid Proposal General Contractor's Request for References General Contractor's Qualification Statement Major Subcontractor List Greater Than 3% Subcontractor List Bid Bond Form Combined Affidavit &Certification Forms: _ Non-Collusion and Minimum Wage (Non Federal Aid) E.E.O. Policy Declaration City of Kent Administrative Policy No. 1.2— MWBE Certification of Non-segregated Facilities Proposal Signature Page TOWN SQUARE PLAZA West Harrison Street and 2nd Avenue North - Kent, Washington Directions from I-5: (southbound or northbound) Take the Kent-Des Moines Exit. Turn east (left) onto Kent-Des Moines Road. Drive east on Kent- Des Moines Road/State Route 516 down into the Kent valley. This street will become Willis Street. Drive under Highway 167. Turn north (left) onto Fourth Avenue. Turn east (right) onto Gowe Street. Kent City Hall is at the southeast corner of Fourth Avenue and Gowe Streets with the parking lot entrance on Gowe Street. A pre-bid meeting is scheduled for Thursday, March 15, 2007 beginning at 10:00 a.m. at Kent City Hall, Chambers East (first floor) 220 Fourth Avenue South, Kent, Washington 98032. i M1AP 6`s rn n 6o0M 522 6 Mist St y \� m �r �'S 2&Srd�St � N ova�k n K' vi i Sg thSt ? Kerft� w '; ( Me 0 iai �. C S�237th-St G St � rl L S 228t St y � W_JamGSst c° ao den 2 arno St � D S240th-St Russel oad P a f e E CG&rjSt �S'24 515 r f it E,Sm1t -5{� ��� W Smrth St W Sm rth St %W Meeker St Im Meeker-St nt � W Tit u,�rs S2arSt,25tist y WWIII 0'lt ` " St 7 h + E+T": t ��C600fY DI9�1N � k WJam m elorde� +EJ2 es St S U' St25 C mT E P nesrSt z 01— S2n"2n .St w ^r EMcAgdlar:_St T Smi st N E Smrth St a E Ward St 2004 Ma uestcom Inc 02004 N atrn 7echnob 0 W Harrison St W Meek r St Msekar t EMasfQrSt y�G rnv St d 1 E Gowe St rr + 1 t� WTrtus i ETn sSt 41 ' Sce� - S Kent 0 Moines.id' W Saar St E Saa St W 116 St E Wilts St OL < to ", e 5251 rSt n /� o �WCrrnvSt Q �� a = ,ESematt, T' ���� m a � Pin ,f� w N y I1N ���� m �o l C'/ 'St 2004 Ma uest m 1 020041 afro Technob yes CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: March 26 12007 This statement relates to a proposed contract with the City of Kent named Town Square Plaza. I am the undersigned bidder or prospective contractor. I represent that I (please circle one response) ( h:a:v:e> or have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. BIDDER: JV Constructors Inc. C ny Name By: ii� Contractor Contractor's Representative Signature Its: President DATE: 3/26/07 ADDRESS: PO Box 803546 Seattle, WA 98108-0346 For information about your previous contracts or subcontracts, consult http://envirotext.eh.doe.gov/data/eos/iohnson/196509.24.html. BID PROPOSAL To The City Clerk City Hall 220 Fourth Avenue South Kent, Washington 98032 The undersigned hereby certifies that Gary A. Johnson has personally examined the job site and construction details of the work as outlined on the Plans and described in the Contract Documents for Town Square Plaza for the City of Kent, Washington, and has read and thoroughly understands the Plans and Contract Documents, specifically including all specifications, governing the work in this project and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said Plans and all Contract Documents and at the following schedule of rates and prices: NOTE TO BIDDERS: (1) Unit prices for all items, all extensions and total amount of bid must be shown. Show unit prices in both words and figures and, where conflict occurs, the written or typed words shall prevail. * It is the intention of the City to award the entire contract to one contractor. (2) Washington State Department of Revenue Special Rule 170, and its related rules, applies to this contract. Under these rules, the City will automatically add retail sales tax to each payment made to the Contractor. Accordingly, the Contractor should not include retail sales tax in the Unit Bid Item (s) or Lump Sum Prices, subject to certain limited exceptions. See WSDOT Standard Specifications, Section 1- 07.2. A. BASE BID: TOWN SQUARE PLAZA I. BASE BID (LUMP SUM): $ 3 i�,27� ,bd �" (figures) CI UL& ` d fpW►,I At�A[.� N}Y1M1k add (dollars) (Written in dollars) Base bid amount should include all overhead, labor, materials, and equipment necessary to complete the work. Work noted as"not in contract"abbreviated N.I.C. is not included in Base Bid. II. TRENCH EXCAVATION SAFETY PROVISIONS (LUMP SUM) If the contract contains any work which requires trenching exceeding a depth of four (4) feet, all costs for adequate trench safety systems shall be identified as a separate bid item in compliance with Chapter 39.04 RCW. The purpose of this provision is to ensure that the bidder agrees to comply with all the relevant trench safety requirements of Chapter 49.17 RCW. If trench excavation safety provisions do not pertain to this project, put N/A for dollar amount. Failure to complete this requirement shall be considered as non-responsive to the bid solicitation. 1. Trench Excavation Safety Provisions Lump Sum $ rJb 66 (dollars) III. PROJECT TOTAL TOTAL LUMP SUM BID, ITEMS I and II Lump Sum $ J)43. b V0.0# (dollars) (Written in dollars B. UNIT PRICE BIDS _ 1. Import Fill PER C.Y. $ 66 .to too /� (dollars) VO (The price includes all labor, materials, and equipment necessary to provide and place on site imported fill in accordance with Section 02300 of the Technical Specifications.) 2. Export Fill PER C.Y. $ -46.0 0 Ca C i�0�^ (dollars) (The price includes all labor, materials, and equipment necessary to excavate and remove from site unsuitable soil in accordance with Section 02300 of the Technical Specifications.) 3. Topsoil PER C.Y. $ 15.oa W 100 (dollars) (The price includes all labor, materials, and equipment necessary to provide and install topsoil as detailed and in accordance with Section 02820 of the Technical Specifications.) 4. Colored tCoon"crete PER C.Y. $ ��66.o 0 t71tu. (,&& d0 Itr0 (dollars) (The price includes all labor, materials, and equipment necessary to provide and install cubic yards of concrete flatwork as detailed and in accordance with Section 03352 of the Technical Specifications.) 5. Concrete Curbing L PER L.F. $ AM6 :1 LU[!A� �IM� (dollars) (The price includes all labor, materials, and equipment necessary to provide and install concrete curbing as detailed and in accordance with Section 02770 of the Technical Specifications.) 6. Asphalt PER S.F. $ l2-60 6� (dollars) (The price includes all labor, materials, and equipment necessary to provide and install asphalt as detailed and in accordance with Section 02740 of the Technical Specifications.) DO NOT INCLUDE SALES TAX The undersigned Bidder hereby verifies that these listed bid prices are true and correct in all respects. BIDDER: DATE: 3/2 6/0 7 (signature) Gary A. Johnson By: Title: President (print name) Company Name: JV Constructors Inc. Address: PO Box 80346 City/State/Zip: Seattle, WA 98108-0346 Phone: 206-762-4219 a GENERAL CONTRACTOR'S REFERENCES PROJECT NAME: TOWN SQUARE PLAZA PR #2007 03 - If you have not worked for the City of Kent in the past three years: Please provide three references for work performed similar in size and scope to the Town Square Plaza project. At least two of the references should be from a public agency. Port of Seattle Agency Name PO Box 1209 , Seattle, WA 98111 Address, city, state, zip 206-728-3132 Phone Ade Williams / Jerry Dowd Contact Name T5 APL Administration Name of Project 3 . 1 Million 2005-2006 Amount of Contract (approx.) and Year Corps of Engineers - Alaska Agency Name PO Box 6898 , Anchorage, AK 99506 Address, city, state, zip 907-753-5550 Phone Karl Harvey/ Willaim Walters Contact Name Upgrade WW Sys, Eareckson AFS, Shemya, AK Name of Project 3 .9 Million 2002-2003 Amount of Contract (approx.) and Year Kitsap County Consolidated Housing Agency Name 9307 Bayshore Dr NW, Silverdale, WA Address, city, state, zip 360-694-3500 Phone Julie Graves Contact Name Liberty Bay Project Name of Project 1 .4 Million 2001 -2002 Amount of Contract (approx.) and Year Note: This form must be included with your bid. ❑ I have worked for the City of Kent in 2004, 2005, or 2006. Name of Project: GENERAL CONTRACTOR'S QUALIFICATION STATEMENT ALL BIDDERS MUST COMPLETE THIS STATEMENT AND INCLUDE WITH BID. - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The City will use information offered by the Bidder in this Statement as a significant factor in determining whether the Bidder is responsible and able to perform the contract work. The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED BY: JV Constructors Inc NAME: Gary A. Johnson ADDRESS: PO Box 80346, Seattle, WA 98108 PRINCIPAL OFFICE: 325 S. Kenyon St PO Box 80346 Seattle, WA 98108 A. Contractor Qualification Requirements This project calls for the construction of a 3/4 acre civic and community plaza in downtown Kent, Washington. In order to be qualified to bid for this project, the city shall require the following qualifications of bidders: ■ The bidder shall construct the plaza using a minimum of 18% of his/her own forces. ■ The bidder shall have constructed at least one civic plaza in similar size and scope. 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 6 years 1.2 How many years has your organization been in business under its present business name? 6 years 1.2.1 Under what other or former names has your organization operated? JCV Constructors, Aleutian Constructos 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: 9/2 4/01 1.3.2 State of incorporation: Washington 1.3.3 President's name: Gary A. Johnson 1.3.4 Vice-president's name(s): John F.Viger 1.3.5 Secretary's name: John F. Viger 1.3.6 Treasurer's name: Gary A. Johnson 1.4 If your organization is a partnership, answer the following: n/a 1.4.1 Date of organization: 1.4.2 Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.5 If your organization is individually owned, answer the following: n/a 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if appiicable. General Contractor - Washington State Lic # JVCONI*995PA 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Washington State — 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. Concrete, Carpentry 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) None 3.2.1 Has your organization ever failed to complete any work awarded to it') No 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your or its officers? NO 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. None - All Complete 3.4.1 State total worth of work in progress and under contract: 0_ - All Complete 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 3.5.1 State average annual amount of construction work performed during the past five years: 1 .7 Million 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. All current projects complete - 3.7 On a separate sheet, list your major equipment. 4. REFERENCES 4.1 Trade References: Tacoma Screw, 800-562-8192; Matheus Lumber 425-489-3000 4.2 Bank References: Sterling Savings Bank, Fircrest, 253-565-5043 4.3 Surety: First National Insurance Co (Safeco) 4.3.1 Name of bonding company: - . -gStat s idel ' t & Guaranty Co. ame andadEress oflagdent: James Doyle, PO Box 3018, Bothell, WA 98041 (HUB NW) 5. FINANCING 5.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: 5.1.3 Is the attached financial statement for the identical organization named on page one, Section one? 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 6. SIGNATURE D 6.1 Dated at this 2-3�' day of 2007. Name of Organization: JV C st tors Inc By: Title: Gary A. Johnson, President 6.2 Gary A. Johnson being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this °�day of M OL%rj/\.. 2007. Notary Public NINA M HOLMSTROM ��/��' My Commission Expires: -ocr) t ��y GiLi a y 4. i�/tl►�a -�Q' s BID BOND FORM Herewith find deposited to the City of Kent in the form of a cashiers check, cash, or bid bond in the amount of$ an amount equal to five percent of the total bid. BID BOND KNOW All PERSONS BY THESE PRESENTS: That we JV Constructors, Inc. as Principal, and First National Insurance Company of America , as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum ofFive Percent (5%) of Total Amount Bid Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for Town SS uare Plaza. According to the terms of the proposal or bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 26th DAY OF March , 2007. PRINCIP L: JV Constructors, Inc. by iy: A. Johnson, President SURETY first Nati na Insur nce Company of America by �� (u,J Its: Theresa A. Lamb. Attnrney-in-Fact City of Kent Combined AfFdavit&Certification Form: _ Non Collusion, Anti-Trust, Minimum Wage (Non Federal Aid) and Certification of Lawful Employment NON-COLLUSION AFFIDAVIT Being first duly sworn, the undersigned deposes and says, that they are the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND CERTIFICATION RE: ASSIGNMENT OF _ ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of her/his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, worker, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the P P 9 9 minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, and that I know the contents thereof and the substance as set forth therein is true to my knowledge and belief. AND CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that he/she has complied with all provisions of the Immigration and Nationality Act, now or as hereafter amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Kent. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, MINIMUM WAGE AFFIDAVIT AND CERTIFICATION OF LAWFUL EMPLOYMENT NAME OF PROJECT TOWN SQUARE PLAZA NAME OF BIDDER'S FIRM — JV Constructors Inc SIGNATukEW AUTHORIZED REPRESENTATIVE OF BIDDER _ (Notarization Required) [CORPORATE/PARTNERSHIP ACKNOWLEDGMENT] STATE OF WASHINGTON) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that Gary A. Johnson is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of the Partnership/Corporation to be the free and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the instrument. _ DATED: / Vl a✓ �3 a0o� NOTARY PUBLIC in and for the State of Washington, residing at I&LA �./�1 ,.� Seafi�ltr OM10% My commission expires Apr, l ack D t D '1 NINA M HOL.MSTROWI 9' � Oil 4-2 = OF��� DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. As 9 9 q such, all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's Equal Employment Opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract. The questions are as follows: 1. I have read the attached City of Kent Administrative Policy Number 1.2. — 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental or physical disability. 3. During the time of this contract I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider the hiring and promoting of women and minorities. 5. Before acceptance of this contract I, the prime contractor, will sign an adherence statement that the requirements as heretofore outlined were complied with. By signing below, I agree to fulfill the five requirements referenced above. Dated this 26th day of March 2007. By: Company: JV Constructors Inc Title: Gary A. Johnson, President CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as — an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. CITY OF KENT CERTIFICATION OF NONSEGREGATED FACILITIES The undersigned certifies that s/he does not maintain or provide for her/his employees any segregated facilities at any of her/his establishments, and that s/he does not permit her/his employees to perform their services at any locations under her/his control where segregated facilities are maintained. The undersigned certifies further that s/he will not maintain or provide for her/his employees to perform their services at any location under her/his control where segregated facilities are maintained. The undersigned agrees that a breach of this certification will be in violation of the Equal Opportunity Clause set forth in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive,— or are in fact segregated on the basis or race, color, religion, or national origin, because of habit, local custom, or otherwise. The undersigned agrees that except where s/he has obtained identical certifications from subcontractors prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity Clause, that s/he will obtain identical certifications from subcontractors and that s/he will retain such certifications in her/his files. Signature: Title: Gary A. Johnson, President Company: JV Constructors Inc Address: PO Box 80346 I City/State/Zip Seattle, WA 98108 Date: 3/26/07 r PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him or her, on or before ten (10) calendar days from the date of issuance of the Notice to Proceed, and further agrees to complete the Contract within approximately eight months (240 calendar days) days after issuance of the City's Notice to Proceed. No bidder may withdraw her/his bid for a period of sixty 60 days after the day of bid opening. The required bid security consisting of cash, bid bond, or cashier's check in an amount equal to 5% of the total amount is included. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s 1 2 3 to the plans and/or specifications is hereby acknowledged. By signing this proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. NAME OF BIDDER: JV Constructors Inc Construction Company Signature: Date: 3/2 6/0 7 Printed Name: Gary A. Johnson Title: President Address: Po Box 80346 Seattle, WA 98108 Phone: 206-762-4219 . 4 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: F 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit 3. Excess Liabilitv insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: I. The Contractor's insurance coverage shall be primary insurance as respect the City Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured EXHIBIT B (Continued) endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CORD CERTIFICATE OF LIABILITY INSURANCE OP OATE(MMIDDYYYY) A JVCON-1 04 30 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hub International Northwest HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. Box 3018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 98041-3018 Phone: 425-489-4500 Fax:425-489-4501 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Alaska National Insurance Co INSURER B JV Constructors Inc. INSURERC John Viger P.O. Box 80346 INSURER Seattle WA 98108-0346 INSURER E COVERAGES 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 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY)E PDATE MM/DDIYY N LIMITS GENERAL LIABILITY EACH OCCURRENCE S1,000,000 A X COMMERCIALGENERALLIABILITY 06G PS 31719 07/15/06 07/15/07 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE � OCCUR MED EXP(Any one person) s5,000 PERSONAL B ADV INJURY $ 1,000,000 X STOP GAP LIABILIT GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 I POLICY X jE0 LOD Emp Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO 06G AS 31720 07/15/06 07/15/07 (EaCO INEDt) $ 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE I Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 A I OCCUR CLAIMS MADE 06G LU 31721 07/15/06 07/15/07 AGGREGATE $ 1, 000,000 Is DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND ITORY LIMITS ER EMPLOYERS'LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED E L DISEASE-EA EMPLOYEE $ If yes dascribe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF KENT IS ADDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES. SEE ATTACHED ENDORSEMENTS. RE: TOWN SQUARE PLAZA CERTIFICATE HOLDER CANCELLATION CIKENTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN CITY OF RENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 4TH AVENUE SOUTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR KENT WA 98032 REPRESENTATIVES AUTHIZED REPRESEN ACORD 25(2001106) JJ ©ACORD CORPORATION 1988 BLANKET ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Who Is An Insured (Section II) is amended to include 2 The insurance provided to the additional insured as an insured any person or organization (herein does not apply to "bodily injury", "property damage", referred to as an additional insured), but only if you are or"personal and advertising injury" arising out of an required to add that person or organization as an architect's, engineer's, or surveyor's rendering of or insured to this policy by a written contract that is in failure to render any professional services effect prior to the "bodily injury", "property damage", or including "personal and advertising injury" a. the preparing, approving, or failing to prepare The insurance provided to the additional insured is or approve maps, drawings, opinions, reports, limited as follows surveys, change orders, design or spec- 1 That person or organization is only an additional ifications, and insured for its vicarious liability for your acts or b supervisory, inspection, or engineering ser- omissions in the performance of"your work" vices This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12 01 A M standard time at your mailing address shown in the policy The information below is required only when this endorsement is issued subsequent to commencement of the policy Endorsement Effective 7/15/06 Policy No 06G PS 31719 Insured JV Constructors, Inc Endorsement No Countersigned By ANIC GL 703 07 01