HomeMy WebLinkAboutS & S Contractors CP1204Small Works Contract Project No. CP1204,
Game Farm Park Playground
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation ( "City"), and S & S Concrete ( "Contractor "), whose mailing address is 2160 SE 8`h Drive
Renton WA 98055.
The parties agree as follows:
I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools,
materials and equipment for the construction of Project No. CP1204 accordance with this
Contract form. Scope of work is as follows:
Construct New Playgorund Area per Bob Droll LA Plans, Provide all footings, walls,
and flat work include rebar, expansion joints and joint filler. Place boulders as to be
determined by owner. Construct retaining wall to include hand seeded pebbles and cobble.
Provide concrete mow strips around edge.
The Contractor shall do all work and furnish all tools, materials and equipment for the
construction of Project No. CP 1204 in accordance with this Contract form and as shown on
the attached Exhibit "A ", which is by this reference incorporated herein and made a part
hereof. On the Contract plans, working drawings, and standard plans, figured dimensions
shall take precedence over scaled dimensions.
H. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the
City of Auburn, you are required to have a current City of Auburn business license. All
subcontractors and lower tier subcontractors working on the project must also have a City of
Auburn business license.
III. TIME OF COMPLETION. "The Contractor shall complete the work within 30 working
days from the date of work commencing"
IV. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8-
hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday. If the Contractor
desires to perform work on holidays, Saturdays, Sundays, or between the hours of 6:00 p.m.
and 10:00 p.m. on any day, the Contractor shall apply in writing to the Parks Director for
permission to work such times. Permission to work longer than an 8 -hour period between
7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Parks
Director two (2) working days prior to the day for which the Contractor is requesting
permission to work. The City reserves the right to grant or deny any such request at its sole
discretion.
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 1 of 12
Permission to work between the hours of.10:00 p.m. and 7:00 a:m. during weekdays and
between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject
to noise control requirements, as indicated in Auburn City Code Chapter 8.28.010 entitled
"Noise Control." If the Contractor desires to work during restricted times, the Contractor
shall submit a written request to the Parks Director fourteen (14) calendar days prior to the
day for which the Contractor is requesting permission to work. The written request will
include specific days and times and description of work to be performed and the reasons the
work cannot be performed during the normal hours of work. The City reserves the right to
grant or deny any such request at its sole discretion. If approval is granted, it may be
revoked at any time the City receives complaints from the public or adjoining property
owners regarding the noise from the Contractor's operations. The Contractor shall have no
claim for damages or delays should such permission be revoked for any reason.
VI. COMPENSATION. The Contractor shall do all work and furnish all tools, materials, and
equipment for the work and services contemplated in this Contract for the lump sum price
Not to exceed $51,000, and Washington State Sales Tax of $4,892.50 for a total of
$56,392.50. Our sales tax area is 1702 for King 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. A Performance Bond is not required for this project.
B. Retainage. Retainage is not required for this project.
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 making of final payment shall constitute a
waiver of claims, except those previously and properly made and identified by the
Contractor as unsettled at the time request for final payment is made.
SMALL PUBLIC WORK CONTRACT CP 1204
March 21; 2012 •
Page"2 of 12
VII. 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.
VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for
at least 30 (thirty) 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. 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. As stated in Section VI, "Compensation," 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
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 3 of 12
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.
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.
IX. 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.
X. PREVAILING WAGES. Contractor shall file a "Statement of Intent to PayPrevailing
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 quote
submittal due date. 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.
SMALL PUBLIC WORK CONTRACT CP 1204
-_March 21, 2012
.Page 4 of •12
XI. 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 fifteen (15) calendar days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. 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 before actually receiving
the written change order. If the Contractor fails to require 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. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fifteen_(15) 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.
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
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 5 of 12
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).
XII. CLAIMS The Contractor waives right to a claim if they have not followed procedures
outlined in Section XI.A of this Contract. If resolution cannot be reached under Section
XI.A, then the Contractor shall give written notice to the City of all claims other than change .
orders within fifteen (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 Contractor otherwise, shallbe 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; or if (and only if) no such
provision is applicable, unless that claim is set forth in detail in writing and received by the
City within seven (7) calendar days from the date the Contractor knew, or should have
known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim
must include the information set forth regarding protests in_Section XI.A.
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 within forty-five (45) calendar days from the date the Contract
work is complete.
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 6 of 12
XIII. WARRANTY. All defects in workmanship and materials that occur within one year from
the date of the City's acceptance of the Contract work 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 seven (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.
XIV. 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.
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.
XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract,
insurance against claims for injuries to persons or damage to property that may arise from or
in connection with the performance of the Contract work hereunder by the Contractor, its
agents, representatives, employees or subcontractors.
Before beginning work on the project described in this Contract, the Contractor shall
provide a Certificate of Insurance evidencing the coverages listed below. The policies of
insurance for general, automobile, and pollution policies shall be specifically endorsed to
name the Contracting Agency and its officers, elected officials, employees, agents and
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 7 of 12
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Contractor, or the Contractor's agents, suppliers, or contractors as well as to any
temporary structures, scaffolding, and protective fences.
F. Waiver of Subrogation. The Contractor and the City waive all rights against each other,
any of their Subcontractors, Sub - subcontractors, agents and employee, -each Of-the
other, for damages caused by fire or other perils to the extent covered;by Builders Risk
insurance or other property insurance obtained pursuant to Section XV- ofthis Contract
or other property insurance applicable to the work. The policies shall'provide such
waivers by endorsement or otherwise.
G. Acceptability of Insurers. Insurance is to be placed with authorized insureis in
Washington State with a current A.M. Best rating of not less than A=:VII.
H. 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 endorsement, evidencing the Automobile Liability and Commercial
General Liability insurance of the Contractor before commencement of the work \
1. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtains
and maintains at a minimum, the insurance coverages listed in this section. Upon
request of the City, the Contractor shall provide evidence of such insurance.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City reserves the right to receive a certified copy of all the required insurance policies.
XVI. 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. 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.
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 9 of 12
D. 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.
E. 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.
F. 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.
G. 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 three (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.
H. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
I. 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.
J. 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.
K. 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 en- 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.
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 10 of 12
IN WITNESS WHEREOF, the parties below have executed this Contract.
CONTRACTOR
e)
By ICk_. (57fimirc)
(Print name here)
Its
(Authorized rep se ative)
DATE: /Z—
(Signature)
By Peter B. Lewis
Its Mayor
DATE:
Contractor's State License No. ���N.� L ✓2T6
State Tax Registration (UBI) No. 0 19 83 , 9 0
Federal Tax ID # 33 t'' — (3 - erz
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Attn: Daryl Faber
Address 25 West Main Street
City, State Zip Auburn, WA 98001
Phone: Phone: 253.931 -3043
Fax: Fax: 253.931.4005
E -mail: E -mail:
ATTEST:
Danielle E. Daskam, City Clerk
APPRO D AS A410 FORM:
Daniel B. Heid, " 1ty orney
H:\FORMS\FC125 (Rev. 12/1/06)
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page 11 of 12
SMALL PUBLIC WORK CONTRACT CP 1204
March 21, 2012
Page_12of12.
City of Auburn (Exhibit A)
Playground Improvement at Game Farm Park
S and S Concrete has been selected to provide the folowing'Scope of Services
Scope of Services
The contractor shall supply all labor and equipment necessary to complete the Concrete
and Landscape work as specified in the Game Farm Park Playground Improvement
Construction Documents
Tasks:
Install and Compact Crushed Surface Base Course and Barrier
Rockwall Installation Landscape Boulder Placement
Concrete Walk Framework
Concrete Retaining Wall Crete Installation
Concrete Barrier Curb Installation
Time of Performance:
All services are to be completed by May 1st 2012.
Total Cost of Services
$51,500
Tax $4892.50
$56,392.50