HomeMy WebLinkAbout5218 RESOLUTION NO. 5 2 1 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF AUBURN AND HABITAT FOR
HUMANITY
WHEREAS, the City has property located at 912 9th Street in Auburn,
Washington that needs to be rehabilitated; and
WHEREAS, once rehabilitated, the property would be used for charitable
purposes and be valuable to those in need; and
WHEREAS, 4he City has Community Development Block Grant (CDBG) and
general budget funds to fnance such programs; and
WHEREAS, Habitat for Humanity is able to provide needed construction services
at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Construction
Agreement between the City and Habitat for Humanity, which agreement shall be in
sub.stantial conformity with the agreement attached hereto as Exhibit A and
incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administratiye
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full fo.rce upon
passage and signatures hereon.
�
Dated and Signed this � day of �7'Ylah-�. , 2016.
-------------------------
Resolution No. 5218
March 7, 2016
Page 1 of 2
CITY OF AUBURN
NANCY B K S, MAYOR
ATTEST: �
/�r���J�_/
Danielle E. Daskam, City Clerk
A ROVE S TO FORM:
aniel B. Heid, City A_ orney
Resolution No 5218
March 7, 2016
Page 2 of 2
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' "1 J=1�U=�URI�I 0 for Humanlfy°°
3 , `� `°'"`� \NAS FI I NGTON Seatlle-King County
�
! COIVSTRURION AGREEMENT BETWEEN
� THE CITY OF AUBURN
i
i AND
i HABITAT FOR HUMANITY SEATTLE-KING COUNTY
� �"
I This Construction Agreement (the "AgreemenY') is dated and executed this /�?�day of
�, 2016�the"Effective Date"). The parties("Parties")to this Agreement are the City of
� Auburn, a non-charter code city under RCW 35A, and a municipal corporetion under the laws of
� the State of Washington (hereinafter "Auburn°) and Habitat for Humanity Seattle-King County
I (hereinafter "Agency").
I RECITALS
± WHEREAS Aubum has provided Community Development Block Grant ("CDBG")'��i�and General
I Budget funds to finance certain programs;
WHEREAS the programs provided by the Agency are for the general communit�/s benefit and are
designed for the well-being of children, individuals, and families in the City of Auburn;
NOW,THEREFORE, in consideration of the recitals,which are incorporeted by reference,and the
following mutual promises and covenants contained in this Agreement, the Parties mutually
agree as follows:
1. Services. The Agency shall provide the services described in Exhibit A,entitled Scope of
Service and Schedule of Work, atfached and fully incorporated into this Agreement by reference
("Scope of Service"). The Scope of Service shall be performed in a manner consistent with the
accepted practices for other similar Services, completed to Auburn's satisfaction, within the
time prescribed by Auburn, and pursuant to the direction of the Property& Facilities Analyst
("P&FA") or designee. _
2. Term. 71ie term of this Agreement shall be for a period of six (6) months
commencing on March 1, 2016, and terminating on September 1, 2016 ("Term").
3. Termination. Prior to the expiration of the Term, this Agreement may be
terminated or suspended immediately,with or without cause byAuburn. The Agency may cancel
this Agreement only upon thirty(30) business days' prior written notice to Auburn. In the eyent
Auburn terminates or suspends this Agreement, the Agency will be enfitled to receive
compensation for any approved Services rendered prior to the termination or suspension of this
Agreement. 7he P&FA's determination of compensation shall be binding and conclusive.
COR/Ha6rtat�or Humanity 1
4. Consideration.
a. Total Comoensation. In exchange for the Agencys performance of the services
detailed in the Scope of Service,Auburn shall reimburse the Agency in an amount
not to exceed the amount specified in the Scope of Service.
b. Method of Pavment. Agency will submit an invoice to Auburn as specified in the
Scope of Service. Failure to deliver the invoice and reports in a timely manner may
jeopardiie the paymerit of funds for that period. Payment will be made no later
than forty-five (45) calendar days after receipt of invoice and approval of reports.
i. If Auburn objects to all or any portion of the invoice, it shall notify the
Agency and reserves the option to pay only[hat portion of the invoice not
in dispute.
ii. In that event, the Parties wili immediately make every effort to settle the
� disputed portion.
5. Monitorin¢. Even though tHe Agency is an independent contractor with the
authority to control and direct the performance and details of the Services authorized under this
Agreement,the work must meet the approval of Auburn and shall be subject to Aubuin's general
right of inspection to secure satisfactory completion. Auburn shall review reports to monitor
compliance with the level of service required in the Scope of Service. Auburn may also review
program performance periodically on-site.
6. Indeqendent Contrector. The Agency and Auburn agree that Agency is an
� independent contractor with respect to the services provided pursuant to this Agreement. The
I Parties do not intend to create and nothing in this Agreement shall be considered to create an
employer-employee relationship between the Parties or the Parties' employees, agents and/or
� volunteers. The Agency and its employees, agents and/or volunteers are not City employees and
, shall not be entitled to any City of Auburn benefits or protedions. Auburn shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Agency, or its employees, agents or voluntee�s.
Industrial or any other insurance that is purchased for the benefit of Auburn, regardless
of whether such may provide a secondary or incidental benefit to the Agency, shall not be
deemed to convert this Agreement to an employment contract.
7. Indemnification. The Agency shall indemnify,defend and hold Auburn, its elected
officials, officers, agents, employees and volunteers, harmless from and against any and all
claims, losses or liability, or any portion of the same, including but not limited to reasonable
a[torneys' fees, legal expenses and litigation costs; arising from injury or death to persons,
including injuries, sickness, disease or death of 4he Agency's own employees, agents and
volunteers, or damage to property caused by the Agency's negligent act or omission, except for
COR/Habitat for Humanity 2
those acts caus.ed by or resulting from the sole negligent act or omission by Auburn and its
officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine thatthis Agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) 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 Agency and
Auburn, its officers,officials, employees and volunteers,the Agency's liability shall be only to the
extent of the Agencys negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitutes the Agency s waiver of immunity under the Industrial Insurance Act,RCW
Title 51, solely for the purposes of this indemnification.The Parties have mutually negotiated and
agreed to this waiver. The Agency's indemnification shall not be limited in any way by any
limitation of the amount of damages, compensation or benefits payable to or by any third party
under wbrkers'compensation acts,disability benefit acts or any other benefits acts or programs.
The provisions of this section shall survive the expiration or terinination of this Agreement.
The Agency represents to Auburn that the Agency has cbmpetent,trained staff and where
necessary, professional staff to render the services to be performed under this Agreement.
8. Discrimination Prohibited. In all of the Agency's services, programs, or activities,
and all ofthe Agency's hiring and employment made possibie byor resulting from this Agreement
� there shall be no illegal discrimination by the Agency or by the Agency's officials, employees,
� agents, subcontractors, representatives or volunteers against any person because of sex, age,
race,color,creed, national origin, marital status, honorably discharged veteren or military status,
, or the presence of any disability, including sensory, mental or physical handicaps, or any other
i protected class status as defined by any State, Local or Federal laws, unless based upon a bona
' fide occupational qualification in relationship to hiring and employment.
Any material violation of this provision shall be grounds for Auburn to terminate this
Agreement without penalty.
9. Insurance. The Agency agrees to carry as a minimum, the following insurence, in
, such forms and underwritten by a company acceptable to Auburn, unless waived or reduced by
Auburn.
a. Workers' Comoensation as required by the industrial insurence regulations in the
State of Washington.
b. Automobile Liabilitv insurance with a minimum combined single limit for bodily
injury and property damage of one million dollars ($1,000,000)for each accident.
This is required of ail consultants and professional service providers where a
COR/Habimt for Humanity 3
vehicle will be used on the Agreement to fulfill commercial obligations of this
Agreement, beyond normal commutes.
c. Builders Risk insurence covering interests of Auburn,the Agency,
Subcontractors, and Sub-subcontrectors in the work. Builders Risk insurance
shall be on a special perils policy form and shall insure against the perils of fire
and extended coverage and physical loss or damage including,theft, vandalism,
malicious mischief, and collapse. The Builders Risk insurance shall include
coverege for temporary buildings, deb=ris removal, and damage to materials in
transit or stored off-site. This Builders Risk insurance covering the wbrk will have
a maximum deductible of$5,000 for each occurrence, which will be the
responsibifity of the Agency. Any increased deductibles accepted by Auburn will
� remain the responsibility of the Agency. The Builders Risk insurance shall be
maintained until Auburn has granted substantial completion of the project.
d. Commercial General Liabilitv insurance shall be written with limits no less than
one million dollars ($1,000,000) for each occurrehce, two million dollars
($2,000,000) general aggregate.
e. Additional Insured.Auburn will be named as an Additional Insured on the Agency's
� Commercial General Liability and Automobile Liability policies with that coverage
� being primary and non-contributory with any other policies available to Auburn.
' f. Survival of Insurance brovisions of this section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
g. No Limitations. Auburn does not represent that the coverage and minimum
insurance limits required under this Agreement are adequate to protect the
Agency from all financial liability.
h. Verification of Covera�e. Subject to Auburn's review and acceptance, a certificate
of insurance showing the proper endorsements, shall be delivered to Auburn
before executing the work of this Agreement.
i. Review of Policv. Upon request, the Agency shall give Auburn a full copy of the
insurance policy for its records and for the Aubum City Attorney's or Risk
Manager's review. The policy limits may be reviewed and the value reassessed
annually or as required by law.
j. Other Insurance. The Agency's Automo6ile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain,or be endorsed to
contain that they shall be primary insurance as respect Auburn. Any Insurance,
self-insurance, or self-insured pool coverage maintained by Auburn shall be
excess of the Agency's insurance and shall not contribute with it. If the Agency
COR/Hobi[at�or Humanity 4
maintains higher insurance limits than the minimums shown above,Auburn shall
be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Agency, irrespective of whetlier such limits
maintained by the Agency are greater than those required bq this contract or
whether any certificate of insurance furnished to Auburn Entity evidences limits
of liability lower than those maintained by the Agency.
k. Agency's Insurance for Other Losses. The Agency shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools,Agency's
employee owned tools, machinery, equipment, or motor vehicles owned or
rented by the Agency, or the Agency's agents, suppliers, contractors or
subcontractors as well as to any temporery s;ructures, scaffolding and protective
fences.
10. Books and Records. The Agency agrees to maintain books, records, and accounts,
electronic or otherwise, including without limitation personnel, property, financial and _
programmatic records, which sufficiently and properly reflect all direct and indirect costs related
to the peiformance of the Services and maintain such accounting procedures and practices as
may be deemed necessary by Auburn to assure proper accounting of all funds paid pursuant to
this Agreement. These records shall be subject, at all reasonable times, to inspection, review or
� audit by Auburn, its authorized representative(s), the State Auditor, or other governmental
officials authorized by law to monitor this Agreement. The Agency agrees to maintain all books
and records relating to this Agreement for a period of three (3) years following the date this
' Agreement expires or is otherwise terminated.
I
, 11. Proiect Eiles. The Agency shall maintain files.for this project containing the
' following items:
a. A copy of this Agreement and Exhibit A, and Scope of Service correspondence
regarding budget revision requests.
b. Copies of all project invoices and reports and documentation submitted to
Auburn.
12. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated
for payment under this Agreement for any future fiscal period, Auburn will not be obligated to
make payments for Service or amounts incurred after the end of the current fiscal period, and
this Agreement will terminate upon the completion of all remaining Service for which funds are
allocated. No penalty or expense shall accrue to Auburn in the event this provision applies.
13. Ownershiu and Use of Records and Documents. Original Documents, drawings,
designs, reports, or any other records developed or created under this Agreement, electronic or
otherwise, shall belong to and become the property of Auburn. All records submitted by Auburn
COR/Habimt�or Humanity 5
to the Agency will be safeguarded by tFie Agency. The Agency shall make such data, documents,
and files available to Auburn upon Auburn's request. Auburn's use or reuse of any of the
documents,data and files created bythe Agency for this project by anybne other than the Agency
on any other project shall be without liability or legal exposure to the Agency.
14. General Provisions.
a. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by authorized representatives of both
Parties.
b. Assisnment. The Agency shall not have the right to transfer or assign, in whole or
in part, any or all of its obligations and rights hereunder without Auburn's prior
written consent.
c. Attornevs' Fees. In the event either of the Parties defaults on the,performance of
any terms of this Agreement o.r either Party places the enforcement of this
Agreement in the hands of an attorney;or files a lawsuit, each Party shall pay all
its own attorneys' fees, costs and expenses, unless otherwise provided for in this
Agreement, and subject to the limitations set forth in RCW 4.84330.
! d. Authoritv. Each individual executing this Agreement on behalf of Auburn and the
' Agency represents and warrents that such individuals are duly authorized to
execute and deliver this Agreement on behalf ofAuburn or the Agency.
e. Captions or Headin�s. .The respective captions of the sections of this Agreement
are inserted for convenience of reference only and shall not be deemed to modify
or otherwise affect any of the provisions of this Agreement.
f. Conflicts. If there is a conflict between this and any previous Agreement, the
terms of this Agreement shall supersede the terms of the previous Agreement.
g. Counterqarts. This Agreement may be executed in any number of counterparts,
which counterparts shall collectively constitute the entire Agreement.
h. Duplicate Orisinals. This Agreement shall be executed with duplicate originals,
with each duplicate original having the same force and effect as the other.
i. Entire Aereement. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no p.rior
agreements shall be effectide for any purpose.
j. Force Maieure. If either Party cannot perform any of its obligations due ro events
beyond its reasonable control (other than the payment of money), the time
provided for performing such obligations shall be extended by a period of time
equal to the duration of such events. Events beyond a Party's reasonable control
COR/Ha6itat for Humanity 6
include, but are not limited to, Acts of God, war, acts of domestic terrorism or
violence, civil commotion, labor disputes,strikes, earthquakes,fire,Flood or other
casualty, shortages of labor or materials, government regulations or restrictions
and weather conditions.
k. Full Force and Effed. Any provision of thi;Agreement which is declared invalid or
illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
I. Governin¢ Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
m. Joint Draftins Effort.This Contract shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not lie construed against one Party or
� the other as a result of the preparation, substitution, submission or other event
of negotiation, drafting or execution hereof.
�
� n. Modification. No provision of this Agreement may be amended or modified
,
j except by written Agreement signed by the Parties.
i
� o. Notices. Any notices required tb 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 aher the date of mailing. Written
notice sent to Auburn should be addressed as follows:
losh Arndt
City of Aubu�n
25 W Main Street
Auburn, WA 98001
iarndt@au6urnwa.zov
Written notice to the Agency shall be sent to the address following the Agency
signature on the last page of this Agreement.
Kelly Morgan
Habitat for Humanity Seattle-King Co
560 Naches Ave SW, Suite 110
Renton, WA 98057
kmorzan@habitatskc.or¢
COR/Ha6i[a[for Humanity 7
p. No Waiver. failure or delay of Auburn to declare any breach or default
immediately upon occurrence shali not waive such breach or default. Failure of
Auburn to declare one breach or default does not act as a waiVer of Auburn's right
to declare another breach or default.
q. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Agency's performance of
this Agreement.
r. Police Powers of Auburn. Nothing in this Agreement will diminish, or eliminate,
or be deemed to diminish or eliminate the governmental or police powers of
Auburn.
s. Public Document/Public Disclosure. This Agreement will be considered a public
document and will be available for reasonable inspection and copying by the
public during regular business hours. This document may be disclosed pursuant
to RCW 42.56.
t. Remedies Cumulative. Any remedies proVided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other
, remedies available to Auburn at law, in equity, or by statutes.
u. Severebilitv. A determination by a court of competent jurisdiction that any
provision or part of this Agreement is illegal or unenforceable shall not cancel or
invalidate the remainder of such provision of this Agreement,which shall remain
in full force and effect.
v. Sineular, PluralandGender. WheneverrequiredbythecontextofthisAgreement,
the singular shall include the plurel and the plurel shall include the singular.
The masculine, feminine and neuter genders shall each include the other.
w. Sole and Entire A�reement. This Agreement contains the entire agreement of the
Parties and any represenfations o� understandings, whether orel or written, not
incorporeted herein are excluded.
x, Successors in Interest. Subject to the foregoing subsection, the rights and
obligations of the Parties shall inure to the benefit and may be binding upon their
respective successors in interest, heirs, and assigns.
y. Third Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than
Auburn and the Agency, and all duties and responsibilities undertaken pursuant
to this Agreement will be for the sole and exclusive benefit of Auburn and the
Agency and no one else.
COR/Habitat for Numanity 8
z. Venue. The venue for any dispute related to this Agreement shall be Superior
Court, King County, Washington.
IN WITNE55 WHEREOF,the Parties have enter into thi greement effective as of the
Effective Date.
Nancy Back ayor Ga I L n rg, O
City of Aub r H bita � manity eaEtle-Kin County
APPROV 5 TO ORM:
D eid, City Attorney
I
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COR/Habi[at for Humanity 9
Exhibit A
Scope and Schedule of Work
2016 Program Services Agreement
Agencyd ' ' - Habitat of Seattle-King County
.:Goal ;` Complete the rehab of the house at 612 9'^ St SE; Aubu�n, WA.
;This;funding :�� All funding to manage and corriplete the rehab of the house by Agency.
will,_provided
Effectnie' March 23, 2016-October 1, 2016
� ;Date
jFunding: Agency shall be reimbursed for all costs associated with this project. This includes: labor
� (project and site management); materials and equipmen[; and all permits and fees,this is estimated to
be$53,000. Auburn shall contract with all required subcontractors(subcontracting needs to be
1 determined by Agency), this is estimated to be 512,000. The cost of the entire project including
i subcontrecting is not anticipated to exceed 565,000(the "Project Cap'). Notwithstanding the Project
Cap,Auburn acknowledges that the project includes significant wbrk that was never completed under
prior permits and contains costs and conditions that are not foreseeable. In the event that Agency
discovers any such costs and conditions,Agency shall notify Auburn,and the parties shall determine any
necessary change orders to the scope of work and related costs of the project. Agency shall not
continue with its work until the parties have agreed to any change in scope of project costs, this will be
documented by change order.
Services: The Agency shall provide project and site management services to lead volunteers in the
rehab tlie house at 612 9'"St SE,Auburn. Services shall be provided in a manner which fully complies
with all applicable federal,state and local laws,statutes,ordinances,rules and regulations,as are now
in effect or may be amended or enacted during the course of the Agreement.
Scope:
Th_e stope of work is outlined below. Items to be tompleted by subcontrectors are noted.
DESCRIPTION OF WORK SUBCONTRAROR7
6ENERAL
Obtain all required permits, bonds, licenses
Mobilize site for work and volunteers(including porta potty, tool storage,
dumpster,and safety supplies)
Remove existing debris. Clean up all construction deliris during and after
construction.
1
EXTERIOR WORK
Repairexisting roof Subcontractor
Install bird blocking for attic ventilation
Reframe exterior wall in master bedroom to eliminate exterior door, install
siding as needed
� Repair siding as needed & paint
I Complete exterior electrical work(including light fixtures, electrical box,
( sealing penetrations and capping extra light locations)
� Remove front decking. Pour concrete entry with sCeps and walkway from the
sidewalk. Install railing as needed.
Remove liack deck. Pour concrete deck and steps. Install railing as needed.
Remove and replace existing vent blocks
Install 2 curb stops to indicate parking area
INTERIOR WORK
Complete corrections noted on existing building permit
Complete corrections noted on existing electrical permit Subcontrector
Install electric water heater Subcontractor
Replace broken windows
Install NG furnace Subcontractor(s)
Install ducting and vents for furnace
Eliminate power to crawl space. Remove unused wiring& piping Subcontractor
i Install electrical outlets,switches,cable/phone jacks and covers throughout Subcontrector
the house
� Install lighting(typically one ceiling fixture per room)and smoke/CO detectors Subcontractor
� (percode) throughoutthe house. Installdoorbell&exhaustfanin bathroom.
! Modify ceilings in kitchen and bedroom to increase insulation and simplify
' sheetrock installation
Install 3 piece tub/shower surround and shower doors on existing tub
Install insula[ion in exterior walls&seal as needed
Install insulation in attic and crawlspace Subcontractor
Install interior doors(bedroom, batFiroom, basement,and closets)
Freme door to basement and install door
Hang,tape,and texture drywall
Install MDF trim throughout the house (base, case doors, window aprons)
Paint interior walls and trim
Install Flooring throughout the house. Tile in bathroom, bamboo(orsimilar) in
remainder.
2
Install cabinets in bathroom &kitchen; Install plastit lamiriate countertops
and 4"tile backsplashes in kitchen and batFi
Install appliances(dishwas6er,refrigeretor, microwave hood,and renge
(electric))
Install shelving in closets
Install all plumbing fixtures in kitchen and batFiroom
Install mirror and accesso�ies(towel bar, ring, and TP holder) in bathroom
Install blinds throughout the house
Complete final clean of house
Invoicing: Monthly Habitat wiil submit an invoice for reimbursement (or project expenditures. The
invoice shall be submitted along with copies of the receipts for the item(s)to be reimbursed. Habitat
may use their own invoice form or the City will provide one upon request. _
Invoices and documentation may be mailed o�emailed to:
Josh Arndt
City of Auburn
25 W Nlain Street
Auburn, WA 98001
iarndt(aauburnwa.eov
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