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HomeMy WebLinkAbout4844 RESOLUTION NO. 4 8 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR PUBLIC WORKS CONTRACT NUMBER 12-13 REGARDING THE LEA HILL PARK IMPROVEMENT PROJECT NO CP1003 WHEREAS, the Auburn City Council has approved a project to make improvements to the Lea Hill Park Project No. CP1003; and WHEREAS, the City advertised for bids for Project No. CP1003 arid all responsive bids timely received were opened on July 18, 2012; and WHEREAS, waiting until the next regularly scheduled meeting to award the construction contract No. 12-13, for Project No. CP1003 would result in a three week delay of the construction start date; and WHEREAS, it is in the best interests of the City to expedite the award of Public Works Construction Contract No. 12-13, in conformity with the bid documents, and to authorize the Mayor to take all appropriate steps to execute a contract with the lowest responsible bidder NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That provided each bid does not exceed the amount budgeted for project number CP1003, the Mayor is hereby authorized to award, negotiate, and execute a contract between the City and the lowest responsible bidder, which contract shall conform with the bid documents for public works contract number 12-13. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4844 July 18, 2012 Page 1 of 2 Section 3. That the Mayor is authorized to reject all bids if such action is in the best interest of the City; Section 4. That this Resolution shall take effect and be in full force upon passage and execution hereof Dated and Signed this U� day of August, 2012. CI O U PETER B. LEWIS, MAYOR ATTEST L Q c!L Danielle E. Daskam, City Clerk APP VED FORM: D iel B. H 'd, City Attorne Resolubon'No. 4844 July 18, 2012 Page 2 of 2 CONTRACT Contract No. 12-13 THIS AGREEMENT AND CONTRACT, made and entered into, in triplicate, at Auburn, Washington, this 15 day of August, 2012 by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and Bargin Enterprises, LLC hereinafter called the CONTRACTOR. WITNESSETH. That, in consideration of the terms and conditions contained in the Contract Documents entitled 11CP1003, Lea Hill Park Improvements," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP1003, Lea Hill Park Improvements—the construction of a 5-acre neighborhood park on a 7-acre parcel including earthwork, grading, drainage, irrigation, utility installation, a picnic shelter, a play area, two sport courts, a playfield with backstop, a skate spot, pervious asphalt trail, and 500 feet of roadway improvements for a Lump Sum price of$ 883:500.00 and Washington State Sales Tax of $ 78 992.50 for a total contract value of $ 962,492.50 in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 5 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 90 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. III. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon by part of the CONTRACTOR. IV It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. CITY F A SH ON By Peter B. Lewis, Mayor Countersigned: this LsNay of Atk 20L�L ATTEST c __ Danielle E. Daskam,City Clerk APPR VED AS TO FORM. aniel B. Hei , Attorney CONTRACTOR By Authorized nature