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HomeMy WebLinkAbout5642 RESOLUTION NO. 5642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RATIFYING AN EMERGENCY DECLARATION AND CONTRACT FOR EMERGENCY REPAIRS TO THE CITY'S GOLF COURSE CLUBHOUSE WHEREAS, on December 20, 2021, unknown persons burglarized the City of Auburn Golf Course clubhouse by forcibly entering it with a vehicle and destroying its main entrance. The burglary damage left the clubhouse open, unsecure and exposed to the weather. Further material damage or loss to the property was likely without immediate repairs; WHEREAS, pursuant to RCW 39.04.280 and ACC 3.10.040, Mayor Nancy Backus issued Emergency Declaration 2021-05 on December 20, 2021, authorizing the City to waive competitive bidding requirements and to enter an emergency contract for immediate repairs to the property. A copy of Emergency Declaration 2021-05 is attached to this Resolution as Exhibit A; WHEREAS, under that Declaration authority, on December 28, 2021 the City entered emergency public works contract #21-36 with Stetz Construction for necessary repairs to the property. A copy of Public Works Contract #21-36 is attached to this Resolution as Exhibit B; WHEREAS, the City Council wishes to ratify Emergency Declaration 2021- 05 and Public Works Contract #21-36. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5642 December 29, 2021 Page 1 of 2 Section 1. The City Council finds that the December 20, 2021 burglary damage to the City of Auburn Golf Course clubhouse was an unforeseen emergency beyond the City's control, and that failing to immediately repair the damage would likely result in further material loss or damage to City property. Section 2. The City Council ratifies the Mayor's Emergency Declaration 2021-05 and the City's entry into Public Works Contract #21-36 with Stetz Construction under the Declaration's authority. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 3rd day of January, 2022. CITY OF AUBURN ANCY KUS, MAYOR ATTEST: APPROVED AS TO FORM: ��. \LO\AW Upas. Shawn Campbe I, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5642 December 29, 2021 Page 2 of 2 TY OFBURNI j\jJ Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253 931-301X1 EMERGENCY DECLARATION 2021-05 A DECLARATION OF EMERGENCY AUTHORIZING CONTRACTS AND PURCHASES FOR IMMEDIATE CITY PROPERTY DAMAGE REPAIRS WITHOUT COMPETITIVE BID OR NEGOTIATION WHEREAS, the City owns and operates a public golf course located at 29630 Green River Road SE. The golf course includes a clubhouse facility for golf course patrons and staff(Property). WHEREAS,in today's early morning hours, unknown suspect(s) used a tractor to forcibly crash through the Property's main doorway, and stole an automated teller machine(ATM)used by golf course patrons; WHEREAS,the forced entry substantially damaged the Property's main entry doors,door frame, and surrounding structure. While repairing the damage includes several as yet unknown construction variables,the cost of necessary repairs is expected to range between$80,000 to $160,000,with an anticipated$120,000 cost average. A damage assessment letter from Stetz Construction that outlines the damage and its associated repair cost is attached as Exhibit A to this Declaration; WHEREAS,the Property remains exposed to further material damage and loss due to insufficient security and weather protection unless immediate repairs to the Property are undertaken; WHEREAS, RCW 39.04.280 and ACC 3.10.040 permit City contracting and purchases without competitive bids or negotiations to address an emergency situation; Declaration 2021-05 Page 1 of 2 C:11\ {)1 AuBuRN Nancy Backus, Mayor WAS H l N GTO N 25 West Main Street *Auburn WA 980014998* wwwauburnwa.gov * 253-931-3000 WHEREAS, pursuant to the above, I, Nancy Backus, Mayor of the City of Auburn, declare as follows: Section 1. The burglary and its resulting damage and loss to City Property is an unforeseen emergency situation beyond the City's control that will likely result in further material property loss or damage if immediate action to secure and repair the Property is not taken; Section 2. The City is authorized to make purchases and enter contracts as needed to address the emergency by making required repairs to secure the Property; Section 3. Any contracts or purchases made under this Declaration's authority that require competitive bidding shall be subject to ratification by the City Council within 2 weeks of the contract or purchase date; and Section 4. This Declaration shall be filed with the Clerk and open to public inspection. Dated: ' CITY OF AUBURN ,• .. . ANC 41.14i US,MAYOR Declaration 2021-05 Page 2 of 2 TETZ STR.UCTION duality General Construction P:(253)588-8999• F:(253)588-0277 P.O.Box 39220 • Lakewood,WA 98496 A Dninton of Northwest Ab. ement Serum,.Inc. Auburn Golf Course Damage Assessment Letter 29630 Green River Rd SE Auburn, WA 98092 December 20th, 2021 Upon my visual inspection of the premises located at 29630 Green River Rd SE in Auburn,WA 98092 I observed damage to the entry way into the Grand Foyer that was caused by a break in to the dwelling by using a tractor that was stolen from on property and used to crash through the double doors to the Grand Foyer to steal a Cash Machine that was located inside.The damages are pretty significant in that the oversized 6'x 8' pre-hung double door system will need to be completely replaced.The projected cost for this door not including Labor cost is estimated to be$10,000-$13,500 in todays market. Furthermore the King and trimmer studs to the Left side of the door appear to be snapped in half which poses a potentially dangerous structural issue due to the fact that the wall framing is built out of 12"wide LVL stud material that extend the full height of the wall which is approximately 27'-8".Selective demolition will need to be performed to inspect the full extent of the damage caused. Based on the findings a structural engineer may be required to be brought in for a full structural analysis of the wall in question to verify the required repairs.There are a number of unknown variables that won't be able to be identified until the selective demo process has been completed.The estimated range of projected cost below represents a best to worst case scenario based on site on scene damage at the time of my inspection on December 20th. Market value for materials and labor are at an extraordinary high right now in excess of 30%or more in some cases from a year ago today.This has been taken into account when determining our cost projection.We foresee the cost of this repair to be in the range of$80,000 on the low end, and $160,000 on the high end. As a cost average it is reasonable to assume the cost will fall in the$120,000 for this repair to completion. If you should have any questions, please feel free to reach out to me and I will do my best to answer them in a timely manner. Sincerely, Chad Phillips Project Manager/Estimator Stetz Construction Inc. CITY OF AUBURN Nancy Backus,Mayor WASHINGTON 25 West Main Street *Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000 December 28, 2021 Chad Phillips Stetz Construction PO Box 39220 Lakewood, WA 98496 NOTICE TO PROCEED RE: Auburn Golf Course Clubhouse Repairs, Contract#21-36 On December 20, 2021, an emergency condition was determined to exist, and your firm was called upon to respond to the above referenced emergency project. On that date you were given a verbal notice to proceed. This project has 90 working days for completion. If you have any questions, please contact me at 253-288-3158 or the Contract Administration Supervisor, Amanda DeSilver at 253-876-1980. Sincerely, Lisa Moore Facilities Manager Administration Department LM/ad/mm Enclosure cc: Shawn Campbell, City Clerk Tammy Nelson <Tammy@nwabatement.com> Electronic Distribution Only ENG-017-ELH, Revised 12/18 AUBURN * MORE THAN YOU IMAGINED DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 21-36 Auburn Golf Course Clubhouse Repairs THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation("City"),and Stetz Construction, Inc("Contractor"),whose mailing address is PO Box 39220,Lakewood,WA,98496 RECITALS: 1.The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3.The City wishes to engage Contractor for the performances of these construction contracting services. 4.This contract was not formally bid because(check one) ❑ LIMITED PUBLIC WORKS CONTRACT:Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 0 SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$116,155.00 EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real,immediate threat to the proper performance of essential functions;or(b)will likely result in material loss or damage to property,bodily injury,or loss of life if immediate action is not taken. 0 COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No.X)between(agency)and(contractor)in accordance with RCW 39.34(Interlocal Cooperation Act). ❑ Other ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 1 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the completion of Contract 21-36 in accordance with this Contract form. Scope of work is as follows: See Exhibit A, Damage Assessment Letter The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Exhibit A,Damage Assessment Letter C. City of Auburn Construction Standards D. City of Auburn Design Standards E. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Damage Assessment Letter F. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor,subcontractors,and lower tier subcontractors,shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all insurance and licensing requirements as set forth in the contract have been met.The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 90 working days from the Notice to Proceed Date. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 2 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. ❑ Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion,and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will,in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials,and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ❑ Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form @ Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Not To Exceed Amount,as specified above is One Hundred Thirty-Six Thousand Two Hundred Thirty-Nine Dollars and Seventy-Eight Cents($136,239.78),and Washington State Sales Tax of Thirteen Thousand Seven Hundred Sixty Dollars and Twenty-Two Cents($13,760.22)for a total contract price of One Hundred Fifty Thousand Dollars($150,000.00). This project is subject to use tax,which shall be included in the time and material compensation amount listed herein. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT No.21-36 December 21,2021 Page 3 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. A. Performance Bond ❑ This is a Limited Public Works Contract AND the City has waived Performance Bond requirements. Z The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City,in which case a performance bond is not required for this project. B. Retainage(check one) n This is a Limited Public Works Contract AND the City has waived retainage requirements. Z This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond,in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor,OR have the City retain,in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. ❑ This contract is over,$150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 4 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract;and extra work and materials furnished without the City's written approval. If the Contractor is unable,for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,including legal costs and attorney fees,incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work,including any additional costs,from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 5 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&_Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit,lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel,crushed stone,crushed slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off- site fabricated items,and any other materials supplied by established and recognized commercial plants;or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO,21-36 December 21,2021 Page 6 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. 10)TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation,any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. 11)PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. Retainage,if applicable,shall not be released until an Affidavit of Wages Paid form for the ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 7 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 Contractor and each and every subcontractor,has been approved by the State Department of Labor &Industries,and is received by the City. 12)CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Contractor on all equitable adjustments. However,if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City.If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work;however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order,or an oral order from the City,including any direction,instruction,interpretation, or determination by the City,the Contractor shall:. 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost,if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 8 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1)endorsing it,(2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct,indirect and consequential costs,including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions,instructions,interpretations,and determination). 13)CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract.At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 9 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must,in any event,file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14)WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. Z Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15) INDEMNIFICATION Contractor shall defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers 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 the 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. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 10 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16)INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18(Insurance)which by reference is incorporated is a part of this contract. 17)CORRESPONDENCE(CHECK ONE) 0 Submittals and formal Requests for Information(RFI)shall not be required for this contract. ❑ Submittals and Requests for Information(R.FI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals®auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All RFI's shall accompany the City of Auburn "CIP Construction Request for Information" (RFI)form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittalsCu auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,<<<Project Name>>> "Submittal Title". Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 11 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 18)MISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion,color,sex, sexual orientation, national origin,or the presence of any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal,state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees,agents, and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances,shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County,Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit;however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar days after the date of mailing by registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 12 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration,or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections,sub-sections,or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT No.21-36 December 21,2021 Page 13 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 IN WITNESS WHEREOF,the parties below have executed this Contract. CONTRACTOR THE CITY OF AUBURN rkDcSDo.nSign.d by. ign.d by FTIC(Ai.:EXIGkos eMrsa (Signature) (Signature) B Mark Stephens Y By Nancy Backus (Print name here) Its President Its Mayor (Authorized representative) 12/28/2021 12/28/2021 DATE: DATE: APPROVED AS TO FORM: [Taloned by: , ctloat3omc Kendra Ceau,City Attorney Notices to be sent to: Notices to be sent to: STETZ CONSTRUCTION,INC CITY OF AUBURN Attn: Chad Phillips Attn: Lisa Moore PO Box 39220 25 West Main Street Edgewood,WA 98496 Auburn,WA 98001 Phone:253-588-8999 Phone:253.288-3158 E-mail: chad@stetzconstruction.com E-mail: lmoore@auburnwa.gov ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-36 December 21,2021 Page 14 of 14 DocuSign Envelope ID:C88F4BB9-7179-4A5B-B9DD-27A827365990 Quality General Construction TET z P:(253)588-8999 • F:(253)588-0277 P.O. Box 39220 • Lakewood,WA 98496 S'1'KUCTION - A Division of h"orth,s,st Abatement Servic ,Irsc. Auburn Golf Course Damage Assessment Letter 29630 Green River Rd SE Auburn, WA 98092 December 20th, 2021 Upon my visual inspection of the premises located at 29630 Green River Rd SE in Auburn, WA 98092 I observed damage to the entry way into the Grand Foyer that was caused by a break in to the dwelling by using a tractor that was stolen from on property and used to crash through the double doors to the Grand Foyer to steal a Cash Machine that was located inside.The damages are pretty significant in that the oversized 6'x 8' pre-hung double door system will need to be completely replaced. The projected cost for this door not including Labor cost is estimated to be $10,000-$13,500 in todays market. Furthermore the King and trimmer studs to the Left side of the door appear to be snapped in half which poses a potentially dangerous structural issue due to the fact that the wall framing is built out of 12"wide LVL stud material that extend the full height of the wall which is approximately 27'-8". Selective demolition will need to be performed to inspect the full extent of the damage caused. Based on the findings a structural engineer may be required to be brought in for a full structural analysis of the wall in question to verify the required repairs.There are a number of unknown variables that won't be able to be identified until the selective demo process has been completed.The estimated range of projected cost below represents a best to worst case scenario based on site on scene damage at the time of my inspection on December 20th. Market value for materials and labor are at an extraordinary high right now in excess of 30%or more in some cases from a year ago today. This has been taken into account when determining our cost projection. We foresee the cost of this repair to be in the range of$80,000 on the low end, and $160,000 on the high end. As a cost average it is reasonable to assume the cost will fall in the $120,000 for this repair to completion. If you should have any questions, please feel free to reach out to me and I will do my best to answer them in a timely manner. Sincerely, Chad Phillips Project Manager/Estimator Stetz Construction Inc.