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CONSTRUCTION CONTRACT
This Construction Contract made and entered into this 9t' day of December, 2010, by and
between The parties ("Parties") to this Agreement are the City of Auburn, a Washington
municipal corporation (hereafter referred to as the "City"), and Sierra Construction Company,
Inc. a Washington corporation (hereafter referred to as the "Contractor").
The Contractor and the Owner agree as set forth below:
ARTICLE 1 - THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the plans and drawings, all addenda issued
prior to and all modifications issued after execution of this Contract and supplementary and other
conditions as enumerated below.
Plans: See Exhibit "A" attached
Specifications: See Clarifications and Assumption in Exhibit "B" attached
Exhibits: Contract Documents - Exhibit "A" attached
Clarifications and Assumption - Exhibit "B" attached
Project Budget - Exhibit "C" attached
These form the Contract and all are as fully a part of the Contract as if attached to this Contract
or repeated herein.
ARTICLE 2 - THE WORK
The Contractor shall provide all supervision, materials, labor, supplies and equipment to repair
the roof structure at the Auburn Avenue Theater per the Contract Documents (hereafter referred
to as the "Work"). All preconstruction work including permit acquisition and plans is included
under this scope of work.
ARTICLE 3 - TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on or about the 201' day of
December, 2010 by a writt6n notice to proceed from the Owner (Notice to Proceed). Subject to
authorized adjustments, Substantial Completion shall be achieved on January 20''. Substantial
Completion is defined as the date certified by the City's project architect on which the
improvements are complete to the extent that it can be occupied or used for its intended purpose
in accordance with this contract. Owner delays and/or adverse weather which stops critical path
work will be considered a job delay and such delay shall extend the Substantial Completion
Date. Any adverse weather delays will be mutually agreed upon.
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ARTICLE 41, - CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to
additions and deductions by Change Order as provided in the Contract Documents, the amount
of One Hundred Twenty Six Thousand Seven Hundred Ninety-Four 'dollars ($126,794)
hereafter referred to as the "Contract Sum." The, cost to the Owner is ggua ~
;@ S
~t:: t subject only to increases or decreases by Change Order. `
ARTICLE 5 - PROGRESS PAYMENTS
The Contractor shall submit to the Owner by the last day of each month an Application for
Payment for the period ending the.,25th day of said,month. The Owner shall. make progress
payments on the Contract Sum to the Contractor not later- than thirty (30) days following the
submittal of such application. The Owner shall make payments based on ninety-five (95%) of
the portion of the Contract Sum .properly allocable to labor, materials and equipment
incorporated in the Work for the period covered by the. Application for Payment, less such
amounts the Owner shall determine for all incomplete work and unsettled claims as provided in
the Contract Documents. Payments,=not received by the Contractor within thirty (30) days of
application shall bear interest from the date payment is due at an annual rate of eighteen percent
(18%) computed on a daily basis. The Contractor shall have the right to stop work after thirty
(30) day, of nonpayment. Any costs of shutdown and restart of the Work shall be born
exclusively by the Owner.
ARTICLE 6 FINAL PAYMENT
The Final Retention Payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the Owner to the Contractor within sixty (60) days after submitting the final progress
payment request. Payment is to be made after the Work has, been finally completed and accepted
by the Owner, the contract fully performed and lien releases received in accordance with the
Contract Documents.
ARTICLE 7 - GENERAL TERMS AND CONDITIONS
The Contractor and the Owner agree to fully comply with the following terms and conditions:
A. Obligations and Responsibilities. The Contractor agrees not to assign or subcontract
a substantial portion of the,performance of this Contract without the prior written
consent of the:Owner
B. Drawings. The Contractor agrees to furnish shop drawings, specifications, and final
selection of materials and other specified items for approval by the Owner so as not to
delay progress of the Work. Drawings approved by the Owner and the Architect shall
be marked "FOR CONSTRUCTION" and" shall not be modified or changed without
the further approval of the Ownet and the Architect.
C. Scheduling. The Contractor shall consult with the Owner on development of a
at the
construction schedule and shall make such schedule available to the Oil,,""
Owner's request.
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D. Nature of Work. The Contractor agrees he has satisfied himself as to the nature and
location of the Work, the character, quantity and kind of equipment needed during the
execution of the Work, the location, conditions and other matters which can in any
manner affect the Work under this Contract, and acknowledges that he has had a
reasonable opportunity to examine the Project site.
E. Permits and Taxes. The Owner shall obtain and pay for all permits, fees, charges and
inspections: including those imposed by the City, the County, local utilities and/or any
other governmental-..or nrivate_.aeencv_nrovid>ng services-to the Protect. Such charges__
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shall include, but are not limited to, the building plan check fee, building permit fee,
right-of-way permits, system' development charges, extension permits and connection
fees for sewer, water, storm water, telephone, gas and power, water meter charges,
utilities and inspection and maintenance bonds. The Contractor, or designated
subcontractors," shall obtain and pay for all specialty permits. In addition, the Owner
shall pay for all necessary surveys, soils reports, hazardous waste reports, and all
federal, state and municipal taxes, including sales taxes on rental equipment and all
.other applicable taxes, if any, for which the Contractor may be liable in carrying out
this Contract.
F. Change Orders. The Owner may, without invalidating this Contract, order in writing,
extra work or, make changes by altering, adding to, or deducting from the Work; and
the Contract Sum shall be adjusted as mutually agreed. All such work shall be
executed under this Contract, except that any claims for extension or reduction of
time caused thereby must be agreed upon at the time of ordering such change. The
Contractor shall make no claims for extras unless the same shall be agreed upon in
writing by the Owner prior to the performance of any such extra work. In case of
disputes .over the adjustment of the cost, the Contractor shall proceed with the Work
and the dispute shall be resolved by legal means. All Change Orders will conform to
the requirements of the General Conditions. If there is an additive or deductive
Change Order to the Price,. in addition to -the subcontractor's
cost adjustment (or Contractor's adjustment if it is self-performing the Work
associated with such, Change Order), the Change Order shall include an adjustment,
up or down (as applicable) for Contractor's Business and Occupations. Taxes and
insurance equal to one and fifty-nine one hundredths percent (1.59%). There-shall be
an adjustment, up or down, as applicable, to the Contractor's Fee equal to three and
41/100 percent (3.41%) of the value of the Change Order (before Washington State
Sales Tax).-
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G. Contractor Employer. The Corifractor has the status of an employer as defined by the
Washington State Department of Labor & Industries Insurance, Workmen's
Compensation and Unemployment Compensation Act, Social Security, and other
similar acts of the federal, state and local government. The Contractor will withhold
from its payroll the applicable `Social Security taxes, Workmen's Compensation,
Unemployment Compensation contributions and withholding taxes, and pay the
same, and the Owner shall in no way be liable as an employer to, or on account of,
any of the employees of the Contractor. The Contractor shall pay prevailing wages as
established by the State of Washington, department- of Labor and Industries.
H. Sub-tier Contractors Any sub-tier contractor shall be bound to the Contractor the
same as the Contractor is bound to the Owner.
1. Unit Price. In the event the contract contains unit price items it is understood and
agreed that any quantities mentioned are approximate only and subject to change as
required and as ordered by the Owner.
J. Materials. Materials delivered by or for the Contractor and intended to be
incorporated into the construction hereunder shall remain on the job site and shall
become property of the Owner upon -payment; but the Contractor may repossess
himself of any surplus remaining at the completion of this Contract.
K. Guarantee. The Contractor guarantees all work under this Contract to be free of
defective materials and workmanship and - to be in accordance with plans,
specifications, and contract documents. The 'guarantee shall run for a period of one
year from the date of a. Certificate of Substantial Completion. The Contractor agrees
to make good any defects discovered within the, guarantee period without cost to the
Owner.
L. Takeover. The Contractor shall commence and carry on, perform and complete this
Contract to the full and complete satisfaction of the Owner. It is specifically
understood and agreed that in the event that the Owner shall at any time be of the
good faith opinion, after consultation with the-Contractor, that the Contractor is not
proceeding with diligence and in such a manner as to satisfactorily complete the
Work within the required time, or if the Contractor shall fail to correct, replace or re-
execute faulty or defective. work done or materials furnished under this Contract as
required by the Owner, then and in that event, the Owner shall have the right, after a
seven calendar day . notice, : confirmed in writing, to take over, the Work and to
complete the same at the cost and expense of the Contractor, without prejudice to the
Owner's other rights or remedies, for any loss or damage sustained. In the event of an
emergency involving risk of loss or injury to person'or property, arising prior to an
actual takeover, the Owner may take appropriate action to mitigate such emergency
and may charge the Contractor for all .costs incurred in such mitigation. Previous
demands made on the Contractor not followed by a takeover shall not be deemed a
waiver of the Owner's right to do so.
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M. Indemnification. The Contractor agrees to indemnify and save harmless and, at
Owner's option, defend the-Owner, its officers, agents and employees, from and
against any and all suits, claims, actions, losses, costs, penalties and damages
whatsoever, including attorney fees,'arising out of, in connection with, or.incident to
the Work of this Contract, except.that caused by the negligence of the Owner. The
Owner agrees to defend, indemnify and save harmless the Contractor, its officers,
agents and employees, from and against any. and all suits, claims, actions, losses,
costs, penalties and damages whatsoever, including attorney fees, arising out of, in
connection with, or incident to the Work of this Contract, except -that caused by the
_ nhgence of the Contractor. 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. This waiver has been mutually negotiated by the parties. The
provisions. of this section shall survive the expiration or termination of this
Agreement.
N. Compliance with Laws. The Contractor agrees to comply with all requirements of
federal, state or local law, ordinances or regulations and shall defend and save
harmless the Owner from and against any liabilities or claims arising out of or from
any alleged breach of such laws or ordinances.
0. Housekeeping, The Contractor shall regularly and promptly remove all refuse, waste
and debris produced 'by his operation. Refuse shall not be permitted to accumulate to
the extent that-it interferes with free access to. the jobsite. Compliance with all safety
requirements. of good housekeeping is an essential part of the Contractor's obligation.
In the event of the Contractor's failure or refusal to meet these requirements, and after
notification, refuse removal may be. done by the Owner and charged against the
account of the Contractor.
P. Insurance. The Contractor shall obtain and keep in force during the term of the
Contract, commercial general liability and auto liability insurance with coverage
equal to, or greater than, one million dollars. Such insurance shall name the Owner as
an additional insured in respect to this Contract. The Contractor shall furnish, by
demand of :-the Owner, ;evidence that he has in force Workmen's Compensation
Insurance including Employer's Liability. In the event the Contractor fails to
maintain in force any insura nce required by this Contract, during the entire life of this
Contract, the Owner may at his. option purchase such insurance in the name of the
Contractor and deduct. the cost of same from payments due the Contractor.
No Limitation. Contractor's maintenance of insurance as required by the agreement
shall not be construed to limit the liability,of the Contractor to the coverage provided
by such-insurance, or otherwise limit the Owner's recourse to any remedy available at
law or inequity.
Other Insurance. Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
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(i) The Contractor's insurance coverage shall be primary insurance as respect the
Owner. Any insurance, self-insurance,,or insurance pool coverage maintained
by the Owner shall be excess of the Contractor's insurance and shall not
contribute with it.
(ii) 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.
The Owner shall provide Builders All.Risk Insurance for the full, replacement value
__:_0f _the_ work, _proyiding fire and -extended coverage against vandalism- and malicious
mischief, including protection against, damage due to earthquake, . flood' and collapse,
for the full insured' value of the Work, indicating the Owner and the Contractor as
named insureds, each as its interest may appear.
Contractor shall furnish the Owner with original certificates and a copy of the
amendatory endorsements, including but not necessarily, limited to the additional
insured endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
Q. Arbitration. Any controversy or claim affecting only the Owner and the
Contractor and arising out of or relating to this Contract, or the, breach thereof,
shall be settled in 'accordance with the Construction Industry Arbitration Rules
of, the American Arbitration Association, and judgment upon the award may be
entered in any court. having jurisdiction thereof.
R. Entire Contract. This Contract is made and entered into for the sole protection and
benefit of the. Contractor and the Owner, and no.other person or persons shall have
any right of action herein. This Contract, incorporates all prior oral agreements and
cannot be changed, modified or supplemented except in writing, signed by all parties
to this Contract.
S. Partial Invalidity. In case any provision of the Contract, or any other document
contemplated by the Contract, shall be invalid, illegal or unenforceable, such
provisions shall be severable from the rest of this Contract and:the validity,. legality or
enforceability . of the remaining provisions shall not in any way be affected or
impaired thereby.
T. Legality. This Contract shall be governed and construed in accordance with the laws
of the State of Washington. In-the event of_an.inconsistency between this Contract
an&any other Contract Document, the provisions'of this Contract shall control. In the
event of litigation between the parties ;to enforce the rights under, this contract,
reasonable attorney, fees shall.be allowed to the prevailing party.
U. Effective Date. This Construction Contract shall be deemed binding on the parties as
of its effective date stated -above; not withstanding that it was not executed on such
date.
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V. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth below. Any notices may be delivered personally to the addressee
of the.'notice or may be-deposited in the United States mail, postage prepaid, to the
address, set forth below. Any notice so posted in the United States mail shall be
deemed received three (3) days after the date of mailing.
Sierra Construction Company, Inc. City of Auburn
th
---19906-144 -Ave'-NE 25 West Main St
Woodinville, WA 98072 Aubu • 1
X X /
By: By: Pete Lewis
(Please print or type)
Title: Title: Mayor
(Please print or type)
Date: s Ito Date:
ATTEST:
D '-Daskam, City'Clerk
APPROVED TO FORM:
Herd, City ey
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{
12/9/10
EXHIBIT "A"
PLANS LIST
Auburn Avenue Theater
SHEET TITLE ISSUE DDAT~' REV.
I DA
MLA S-001 Abbrev., Legends, Drawing Index 12/3/10
MLA 3-101 Gen. Structural Notes/Spec 12/3/10
Inspection Table
MLA S-201 Roof Level Plan 12/3/10
MLA S-301 Truss Elevations 12/3/10
MLA S-302 Elevations 12/3/10
MLA S-303 Details 12/3/10
MLA S-304 Details 12/3/10
PRE Limited Asbestos Survey 1/22/07
PRE Project Closeout Manual 4/5/07
MLA = MLA Engineering, PLLC
PRE = Pacific Rim Environmental, Inc.
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EXMBIT `B'
December 8, 2010
Clarifications and Assumptions
Auburn Theater Truss Repair
Division 1- General Conditions
■ Budget is based on MLA plans dated 12/3/2010.
■ Supervision includes full time superintendent and quarter time project manager until
project completion.
■ Budget includes B&O Tax, general liability insurance, and Washington State Sales
Tax.
■ Work to commence on December 2 and be substantially complete by January 20m.
■ Prevailing wage rates are included for direct project labor.
■ Sierra to utilize power inside the Theatre to run saws, roto-hammers, drills.
■ Budget includes submittal of sequence of shoring/repair operations for engineer of
record review.
■ Budget includes stabilization of all trusses before cutting any existing framing.
'Division 5 - Metals
■ New steel to be painted black.
Division 6 - Wood and Plastics
■ Shoring and scaffolding to be installed as indicated on the plans.
■ Shoring to be designed by professional engineer hired through Sierra Construction.
Shoring design to be submitted to engineer of record for review and acceptance.
■ Top chord PSL to be spliced as indicated on Sheet S-304.
■ Theatre seating will be removed, and re-installed after truss repairs are complete.
■ Removal of existing steel column brace upon acceptance of the engineer.
■ Replace 2x12 between gridlines A and B at.girder truss 3.
■ Replace 2x12 at far north end of girder truss 4.
Division 9 -Finishes
■ New steel and wood to be painted black.
■ Gypsum wallboard near the stage to be patched and repaired where modified for new .
truss framing.
■ Painting of gypsum wallboard where patched and replaced is included.
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Division 10 -Final Clean
■ Theatre will be cleaned to original conditions after completion.
Division 16 -.Electrical
■ Existing stage lighting to be removed and re-installed. New lighting is not included.
Exclusions
■ Performance Bond
■ Asbestos and Hazardous Material Removal
■ Building Permits
■ All tests & special inspections (to be provided by Owner)
■ New lighting, or electrical upgrades
■ Expose existing roof framing per Note #7 Sheet 5-201
■ Built-up roof replacement or repairs due to truss repair operations
■ Exterior building upgrades
Potential Additional,Work Items
■ The following items are not shown on the plans, and not included in the budget, but
may become necessary.
o Replacement of exterior plywood window infills. '
o Modifications'to.the.exterior tension rod on the east side of the building.
o Replacement of additional-girder truss 2x12 upon examination during
construction.
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Exhibit'C'
Auburn Avenue Theater
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PROJECT BUDGET RECAP
1000 !GENERAL CONDITIONS i $ 15,497
2000 1SITE WORK $ "
~DUMPSTER $ 548
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3000 (CONCRETE I $
(FORKLIFT, LASER PLANE ` $ 1,928
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4000 "MASONRY 1 $
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5000 METALS 1 $
STRUCTURAL STEEL i $ 5,164
6000 WOOD & PLASTICS $ "
TROUGH CARPENTRY 1$ 86,975
7000 !THERMAL & MOISTURE PROTECTION $
8000 !DOORS & WINDOWS I $ "
9000 ,FINISHES I $ 2,409
IGWB/METAL STUDS
PAINTS & COATINGS 1$ 1,785
10000 !SPECIALTIES $
!FINAL CLEAN ! $ 1,382
' I$
11000 EQUIPMENT
12000 FURNISHINGS $
13000 !SPECIAL CONSTRUCTION $
14000 (CONVEYING SYSTEMS i $
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15000 I iMECHANICAL 1$
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16000 ELECTRICAL
SUB TOTAL $115,688
GRAND TOTAL $115,btStf
Washington State Sales Tax 9.60% $11,106
GRAND TOTAL INCL WSST $126,794
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