Loading...
HomeMy WebLinkAbout4848 RESOLUTION NO. 4848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RATIFYING THE WAIVER OF COMPETITIVE BIDDING REQUIREMENT FOR EMERGENCY REPAIRS TO THE AUBURN VALLEY HUMANE SOCIETY BUILDING ROOF WHEREAS, Auburn City Code ("ACC"), Chapter 3.10 ACC, empowers the Mayor to waive certain contracting requirements in situations where public health and safety may be affected; and WHEREAS, Section 39.04.280(1)(e) of the Revised Code of Washington allows the City to waive competitive bidding for public works in case of an emergency; and WHEREAS, RCW 39.04.280(2)(b) allows the Mayor to declare an emergency situation to exist, and to waive competitive bidding requirements in order to award a contract. Provided, that if a contract is awarded without competitive bidding, the Council and Mayor must enter written findings and enter them on the record within two weeks of awarding the contract; and, WHEREAS, On July 20, 2012, Facilities staff notified the Mayor that the roof of the building proposed to house the Auburn Valley Humane Society ("AVHS") was leaking. In staffs opinion, backed by a review by a design engineer, continued leaking could have caused the roof to collapse, jeopardizing the on-going tenant improvements. Based on staffs recommendation, the Mayor authorized an emergency contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Resolution No. 4848 8.1.2012 Page 1 of 3 Section 1. The City Council and Mayor find as follows: a. That the roof at the AVHS building was leaking on and before July 20, 2012; b. That the roof was severely deteriorated at both the flat, built-up section and the sloped shingle section, that the plywood parapet surrounding the built up roofing area was also severely deteriorated, and that incorrectly installed flashing and a roof drain at an area of obvious ponding adjacent to the southeast corner of the structure created an additional risk of failure; c. That all of these areas showed signs of previous leaks. d. That, based on the existing condition of the roof, the inclement weather the previous week, and the possibility that continued leaking could jeopardize the on- going tenant improvements, it was impractical to use competitive bidding processes. Section 2. That, based on the findings in Section 1, the Council and Mayor declare that an emergency situation exists supporting the waiver of competitive bidding for a contract to repair the AVHS building's roof. Section 3. That, all prior acts by the Mayor and staff to effectuate the repairs of the roof are hereby ratified and confirmed. Section 4. That the Mayor is authorized to implement such further administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4848 8.1.2012 Page 2 of 3 Dated and Signed this Call- day of 2012. OF AUB N PE R B. L IS MAYOR ATTEST Danielle E. Daskam, City Clerk APP ROV AS TO FORM: Daniel B. Heid, City Attorney Resolution No.4848 8.1.2012 Page 3 of 3 f t EMERGENCY PUBLIC WORK CONTRACT No. 12-16 Project No.EM1203,Auburn Valley Humane Society Building Roof Replacement THIS CONTRACT is entered into between the City of Aubum,a Washington Municipal Corporation("City"),and Cobra BEC,Inc("Contractor"),whose mailing address is 1220 3r St.NW, Bldg.A106,Auburn,WA 98001 The parties agree as follows: L CONTRACTOR SERVICES. The Contractor shall do all work and famish all tools, materials and equipment for the construction of Project No.EM1203 in accordance with this Contract form. Scope of work is as follows: The Contractor shall do all work and fiunish all tools,materials and equipment for the construction of Project No.EM1203,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. 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. Emergency Public Work Contract 9 B. Exhibit A,Quote i C. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective July 16,2012. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. IL 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. 13L TIME OF COMPLETION. The Contractor shall complete the work within_J,5 working days form 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 am.and 6:00 pm:,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 Engineer for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a m.and 6:00 pm. is not required. Such requests shall be submitted to the Engineer two EwAaEwk PUBLIC WORK cwnmCr NO.12.16 July 20,2012 Page 1 er 12 i I (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. Permission to work between the hours of 10:00 P.M.and 7:00 am.during weekdays and between the hours of 10:00 p.m.and 9:00 am.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 Engineer 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. V. COMPENSATION. The Contractor shall do all work and famish all tools,materials,and ; equipment for the work and services contemplated in this Contract for the lump sum price of f3 forty nine thousand,one hundred and seventy six dollars($49,176.00),and Washington State Sales Tax of four thousand,six hundred seventy one dollars and seventy-two cents 4 ($4,671.72)for a total of fifty three thousand,eight hundred forty seven dollars and seventy- two cents($53,847 72).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. The Contractor shall furnish the City with an executed performance bond for the full Contract amount of$53,847.72. B. Re inggg. The City shall hold back retainage in the amount of five percent(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 beating)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of forty-five(45)days after the date of final acceptance,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 6028 RCW,whichever is later. M&ROENCY PUBLIC WORK CONT ACrNO.12-16 j*4D.2612 Page 2 of 12 r 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 famished 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. I). Final Payment; Waiver of Claims. The making of final payment(excluding withheld retainage)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. VL 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. VII. 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 foray 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 EMEROENCY KJRUC WORK CONTRACT NO.12-16 Jury 20,20i2 Pane 3 ar M 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 296127 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 j 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. VIII. TERNMATION. 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 wort. B. no 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 Contractors persistent disregard of federal,state or local laws,rules or regulations. EMMGENCY PUBLIC WORK C_ONCRACINO.12-16 My20,2012 Pu*4 or 12 E. The Contractor's filing for bankruptcy or becoming adjudged banlmlpt After all the work comemplated 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. IX. PREVAHJNG 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 39.42 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 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 shall not be released until an Affidavit of Wages Paid 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. X. 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 ate 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• ` i ENMOENCY PUffiJC WORK CONTRACr NO.12-16 Jury 2a,2012 Pop 5 of 12 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 Contactor 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 Contractors 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 ByAsted Work. In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Convac Ws Acceptance of Chances. 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 Proust 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 direct ions,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 MAERM CY Pt1BUC WORK CONTRACT NO.12-16 MY 26.2012 Pane 6 of 12 from the City any written or oral order(including directions,instructions, interpretations, and determination). XL CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XA of this Contract. If resolution cannot be reached under Section XA, 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 elrlension of time, whether under this Contmct 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 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 X.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. XI[I. WARRANTY. All defects in workmanship and materials that occur within two years from the date of the City's acceptance of the Contract work shall be cortected by the Contractor When defects are corrected,the warranty for that portion of the work shall extend for two years 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. XI V. 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. BOROPNCYPUBUC WORK CONTRACT NO.12-16 rely 20,2r' 2 Page 7 of 12 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 properly 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 firther specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial hlsurence,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 time the Contracting Agency and its officers,elected officials,employees,agents and volunteers,and any other entity specifically required by the Contract provisions,as additionalinsured(s). A. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles with limits no less than$1,000,000 combined single limit per accident for bodily injury and property damage. 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. B. Commercial General Liabili ty insurance 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. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising fiom premises,operations,stop gap liability,independent contractors,products-completed operations,personal injury and advertising injury,and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per project Endorsement form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an additional insured under the Contractor's EMERGENCY PUBLIC WORK CONTRACT NO.1216 July 20,2012 Pa&8 of 12 Commercial General Liability insurance policy,with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. C. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other hlsmanoe Provisions. The in policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability• 1. 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. E. Contractor's Imursoce 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 Cofactor,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 employees,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 of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. G. Agggplgbility of Insurers. insurance is to be placed with authorized insurers in Washington State with a current A.M.Best rating of not less than A--VII. I3. Verification of Covera¢g. 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. I. 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. EMERGENCY PUBLIC WORK CON RACE N0.12-16 by 20,2012 Pegs 9 of 12 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. RVL 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 Lawn. 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. 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 Attarney 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 Iimit 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. EMMG NCY PUBLIC WORK COMRACr NO.12-16 J*20.2012 Pegs 10 of 12 H. Assismm Any assignment of this Contract by the Contractor without the written consent of the City shall be void. L Modification. No waiver,altmation,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. Sverability. 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. IC. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhi bits,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 harmer this Contract. This Contract,referenced documents, and any attached Exhibits contain the emiie 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. 1 PUBLIC WORK CONTRACT NQ 12-16 *2jk 3012 Page I l of 12 IN WITNESS WHEREOF,the parties below have executed this Contract. I CONTRACTOR (Signature) ( ) By Chuck Mahlum By Peter B.Lewis Its Project Maoamor Its Mss (Authorized representative) DATE: - 7 It2 - JUL 2 6 2012 I DATE- Contractor's State License No.COBRABI90676 State Tax Registration(UBI)No.600495-094 Federal Tax ID# 91-1215435 Notices to be sent to: Notices to be$ant to: I CONTRACTOR CITY OF AUBURN Attn:Chuck Mahlum Attn: Lisa Moore 1220376 St.NW,Bldg.A106 25 West Main Street Auburn,WA 98001 Auburn,WA 98001 Phone: 253.887.1500 Phone: 253.288-3158 Fax: 253.887.1501 Fax: 253.9313053 E-mail:chuckm@cobmiroofing.com E-mail: Imoom@aubumwa.gov ATTEST G Daaie c R Daskam,City Clerk APPR S TO FORM: i Daniel B.Hoid,City Attorney i i ENEXMfCV PUBW WORK CONTRACrNO.12-16 July 20,2012 Pegs 12 of 12