HomeMy WebLinkAbout2025-0407 - 25-15 - CP2228 - CP2228, Cemetery Development - 10th Addition - Cornerstone Construction and Landscapes Docusign Envelope ID:788DFC63-9BC7-4F23-9228-6278369484A6
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 25-15
Project No. CP2228, Cemetery Development— 10th Addition
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation("City"),and Cornerstone Construction and Landscapes ("Contractor"),whose mailing
address is 32316 111th Place SE.,Auburn, WA 98092.
RECITALS:
1. The City is in need of construction contracting services to complete the public work as described
in this Contract.
2. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
3. The City wishes to engage Contractor for the performances of these construction contracting
services.
4. This contract was not formally bid because(check one)
® SMALL PUBLIC WORKS CONTRACT: Engineer's Estimate<$75,700.00 for
single trade work and<150,000.00 for multiple trade work. This contract was
procured through an"...other procurement process as deemed appropriate by
the City Engineer"per ACC 3.12.020(E). The contract procurement process
included issuance of a Request for Quotes to 3 or more contractors.
n SMALL PUBLIC WORKS CONTRACT : Engineer's Estimate<$350,000.00.
This contract was procured using the Small Public Works process as described
in RCW 39.04.152.
❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work
is exempt from competitive bidding requirements because the work is
considered an emergency,meaning unforeseen circumstances beyond the
control of the City either: (a)Present a real,immediate threat to the proper
performance of essential functions; or(b)will likely result in material loss or
damage to property,bodily injury, or loss of life if immediate action is not
taken.
n COOPERATIVE PURCHASING AGREEMENT: This contract is being let
under(cooperative contract No. X)between(agency) and(contractor)in
accordance with RCW 39.34 (Interlocal Cooperation Act).
❑ Other
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AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools,materials and equipment for the construction
of Project No. CP2228 in accordance with this Contract form. Scope of work is as follows:
Approximately 32,000 square feet of land at the Cemetery to be raked of rocks, gentle
grading as needed,installation of complete automated irrigation systems,installation of 3"
topsoil,hydroseeded, and plantings.
1. Rake and remove existing surface rocks and any other debris from existing soils over 2
inches in diameter. Move rocks to another area at the Cemetery—approximately 50 feet
away from the north end of the work area; remove debris from site.
2. Design-build irrigation system layout by Contractor with conceptual layout to be
reviewed by Project Manager; initial concept to be discussed with Cemetery Maintenance
Staff on-site prior to preparation; Project Manager will respond timely with any
suggested changes.
a. Install completely automated irrigation system using Hunter 1-25 stainless steel
heads and Hunter PGPs for smaller heads; Hunter NODE clock; schedule 40
pipe; trenches for pipes to have 2"sand in bottom,then pipes,then 2"of sand on
top;trenches to be minimum 2' deep; including all other necessary system
components(including City required backflow device). Water source is located
approximately 10' from work area. An existing backflow is already connected to
the system and no additional work 9or permits will be required. Irrigation system
to be tested and checked for any leaks prior to backfilling as confirmed by
Project Manager in-field. Provide as-builts and)&M of the system.
3. Grade existing grounds to a grade to a smooth, even base, install minimum 3"topsoil,
rake even. Topsoil to include 70% compost and 30% screened sand. Roll if necessary for
proper hydroseeding. Ensure drainage is adequate and no pooling will occur.
4. Hydroseeding per industry standards with ryegrass fescue blend. Do not hydroseed in
landscape planter area.
5. Provide and install plants and trees per ANSI and industry standards. Design-build layout
by Contractor with conceptual layout to be reviewed by Project Manager; Project
Manager will respond timely with any suggested changes. Plant quantities as follows:
a. Dwarf Southern Magnolia 8
b. Burning Bush 15
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c. Rhododendron 15
d. Golden Euonymus 15
e. Gold Flame Spirea 10
f. Mountain Laurel 10
g. Heavenly Bamboo 15
h. Forest Flame Pieris 10
i. Azaleas 40
j. Photinia 30
k. Crimson Pygmy Japanese Burberry 4
6. Install minimum 2"compacted bark mulch(2 inch minus medium bark, confirm color
with Project Manager)and thoroughly water and hose down plants with a fine spray to
wash the leaves of the plants immediately after bark installation.
7. Clean up work areas and any surrounding areas that construction impacted including,but
not limited to, construction debris,runoff and weeds.
8. The plant establishment period shall begin i8mmediately upon written notification from
the Project Manager of the completion of the initial planting for the project. The
contractor shall maintain all plant materials for a period of 1-year after the Plant
Establishment period has begun. During this period,the Contractor shall maintain a
healthy growing condition for all plant materials and water,prune, spray,weed,and
perform other necessary maintenance operations. Planting beds shall be kept free of all
weeds, grass and other undesirable vegetation. Plants shall be inspected by the Contractor
at least monthly from October 1st to April 30'and at least once a week from May 1st to
September 30'and maintenance performed promptly. Dead or impaired plants shall be
promptly replaced, and all soil ridges shall be removed from around the watering basins
before the end of the maintenance period. At the determination of the Project Manager,
replacement plants may require additional acceptance and establishment period.
a. After completion of the landscape establishment period,the Contractor shall
request an inspection by the Project Manager. The Contractor shall correct all
conditions unsatisfactory to the Project Manager within a 10-day period,weather
permitting,immediately following the inspection.
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(unless noted otherwise,all references to
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documents under separate cover below are to the latest edition published at the time this
contract is executed):
A. Non-Formally Bid Public Works Contract(this form)
B. Construction Work Quote Form
C. City of Auburn Engineering Construction Standards—General Special Provisions
D. City of Auburn Engineering Construction Standards—Technical Special Provisions
E. City of Auburn Engineering Construction Standards—Standard Details
F. City of Auburn Design Standards
G. Divisions 2—9 of WSDOT/APWA Standard Specifications for Road,Bridge and
Municipal Construction as modified by the City of Auburn Construction Standards and
any special provisions included in the Contract
H. Portions of Division 1 of WSDOT/APWA Standard Specifications for Road,Bridge and
Municipal Construction as specifically referenced by the City of Auburn Construction
Standards and the Contract.
I. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit
Key Code effective the date the Contractor submitted the Construction Work Quote Form
J. On the Contract plans,working drawings, and standard plans, figured dimensions shall
take precedence over scaled dimensions.
K. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's
decision will be final.
2) CITY OF AUBURN BUSINESS LICENSE
The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn
business license.
3) NOTICE TO PROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City, and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met,whichever occurs first.
4) TIME OF COMPLETION
The Contractor shall complete the work within 30 working days from the Notice to Proceed Date.
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5) LIQUIDATED DAMAGES (CHECK ONE)
® Liquidated damages shall not apply to this contract.
❑ Liquidated damages shall apply to this contract as follows:
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay(according to the following formula) liquidated damages for each
working day beyond the number of working days established for physical
completion, and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will,in any degree,
release the Contractor from further obligations and liabilities to complete the entire
Contract.
Formula: Contract Price (without tax)x 0.15,divided by the original number of
working days for completion.
6) HOURS OF WORK
Allowed hours of work are as specified in the City of Auburn Engineering Construction Standards—
General Special Provisions, Section 1-08.0(2)(Hours of Work),which by reference is incorporated
is a part of this contract.
7) COMPENSATION
The Contractor shall do all work and furnish all tools,materials, and equipment for the work and
services contemplated in this Contract for compensation as follows: (Check One)
n Lump Sum Amount
171 Unit Bid Prices as listed in the Construction Work Quote Form
n Not to Exceed Amount,paid per the Force Account method as described in Section 1-
09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal
Construction
The Total Unit Bid Price, as specified above is eighty-one thousand forty-seven dollars
($81,047.00),and Washington State Sales Tax of eight thousand three hundred forty-seven dollars
and eighty-four cents($8,347.84) for a total contract price of eighty-nine thousand three hundred
ninety-four dollars and eighty-four cents($89,394.84) .
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This project is subject to use tax,which shall be included in the lump sum,unit bid, or time and
material compensation amount listed herein.
The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce
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 Depaitinent 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,unless the contact amount is $150,000.00 or less and the Contractor has elected to
have 10%retainage held by the City,in which case a performance bond is not required for
this project.
B. Retainage (check one)
® This contract is $150,000.00 or less,therefore,the following applies:
The Contractor may elect to furnish a performance bond,in which case the City shall
hold back retainage in the amount of 5%of any and all payments made to the
Contractor, OR have the City retain,in lieu of the performance bond, 10%of the total
Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a
"Declaration of Option for Performance Bond or Additional Retainage"to indicate
his/her option. If furnishing a performance bond,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 bearing)Account, or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
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 60.28 RCW,whichever is later.
❑ This contract is over, $150,000.00,therefore,the following applies:
The City shall hold back retainage in the amount of 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 bearing)Account,or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
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
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Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW,whichever is later.
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 submittal of the Final Invoice by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Invoice is submitted by the Contractor.
8) 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.
9) SUBCONTRACTING
Work done by the Contractor's own organization shall account for at least 30 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. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
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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 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.
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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.
10)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.
11)PREVAILING 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 39.12 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 date the Contractor submitted the Construction Work Quote Form 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,if applicable, 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.
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12)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 10 calendar days of the date the facts and events giving rise to the requested change
occurred. 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. If the Contractor fails to request 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. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest,the Contactor shall give a signed written notice of protest to the City;
and
2. Supplement the written protest within 14 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.
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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 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).
13)CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a
claim,the Contractor shall give written notice of claim to the City within 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 Contract 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. At a minimum, a Contractor's
written claim must include the information set forth regarding protests in this Contract.
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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 prior to signing the Final Payment Form.
14)WARRANTY (CHECK ONE)
❑ No warranty applies to the Contract Work.
® Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date 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 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.
15) 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.
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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.
16) INSURANCE
Insurance requirements shall be as specified in the City of Auburn Engineering Construction
Standards—General Special Provisions, Section 1-07.18 (Insurance)which by reference is
incorporated is a part of this contract.
17)CORRESPONDENCE (CHECK ONE)
❑ Submittals and formal Requests for Information(RFI) shall not be required for this contract.
® Submittals and Requests for Information(RFI) shall be as follows:
A. Requests for Information (RFI's). RFI's shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of
electronic RFI's shall include the following: Contract Number and Project Name/Number
as applicable—RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All
RFI's shall accompany the City of Auburn "CIP Construction Request for Information"
(RFI)form as a cover letter with enough information provided for the Engineer to respond
accordingly. The time required to evaluate and review RFI's is not the same for all RFI's.
The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the
Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to PWSubmittals@auburnwa.aov. The e-mail subject line of electronic submittals shall
include the following: <<<Project Number>>>,<<<Project Name>>>-"Submittal Title".
Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall
be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats.
All submittals shall accompany the City of Auburn "Request for Submittal Approval"
(RSA) form. Any submittals made without the RSA form or without all of the required
information on the form filled out by the Contractor shall be rejected without review. No
additional compensation or time extension shall be granted for a Contractor not supplying
this form as a cover letter for their submittals or for an improperly filled out form. The
RSA form shall be completed by the Contractor as follows:
• For any item being submitted to the City for review and approval for the first time,
check the"New Submittal"box. The City will assign the item a submittal number.
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For items that have been previously submitted and require a re-submittal, check
the "Re-submittal of No. " box and fill in the submittal number that was
assigned by the City to the original submittal. For submittals that are providing
Material Acceptance Documentation for a submittal that has been previously
made, the Contractor shall check the "Material Acceptance Documentation for
Submittal No. "box and fill in the submittal number that was assigned by the
City for which the Contractor is supplying the acceptance documentation for.
• Fill in the Contract Number(I.E. ##-##)and Contract/Project Name;
• Fill in the Project Identifying Number(I.E. CP####);
• Fill in the Date the Submittal was transmitted to the City;
• Provide the Contractor's name and, if applicable, the name of Subcontractor or
supplier who prepared the submittal;
• The Contractor is strongly encouraged to submit only one material or item per RSA
form,however if more than one material or item is listed on the form then provide
a General Submittal Title that is applicable to the group. Do not group non-like
materials or items on the same form;
• When applicable,provide the Bid Item number the submittal is referencing;
• Provide a submittal description(be specific). For material submittals, provide the
Type of Material, the Manufacturer's Product/Type, or the trade name of the
product;
• When applicable, provide the Name and the Location of the Fabricator or the
Manufacturer's name or the Pit Number. This should be the actual manufacturer,
not the supplier or distributor,
• Provide the Contract Specification section number(s) or the page number the
submittal material is referencing,or you can list the Plan Sheet number; and
• For material submittals, indicate whether the submittal is requesting use of the
WSDOT Qualified Product List(QPL)or if the submittal is a Request for Approval
of Material (RAM) that is not in the QPL, by checking the appropriate box. For
non-material submittals and for material acceptance documentation these boxes
shall be left blank. If the Contractor elects to use a product listed in the QPL, the
submittal documentation shall be prepared in accordance with the instructions in
the WSDOT QPL program and shall be the most current list available at the time
the product is proposed to be used.
18) MISCELLANEOUS
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July 30,2025
Page 14 of 17
Docusign Envelope ID:788DFC63-9BC7-4F23-9228-6278369484A6
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. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at
least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible
bidder and qualified to be awarded a public works project.
D. 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.
E. 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.
F. 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.
G. 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 15 of this Contract.
H. 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 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.
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July 30,2025
Page 15of17
Docusign Envelope ID:788DFC63-9BC7-4F23-9228-6278369484A6
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
J. 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.
K. 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.
L. 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 entire 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.
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July 30,2025
Page 16 of 17
Docusign Envelope ID:788DFC63-9BC7-4F23-9228-6278369484A6
IN WITNESS WHEREOF,the parties below have executed this Contract.
CORNERSTONE CONSTRUCTION THE CITY OF AUBURN
AND LANDSCAPES
taz
DocuSigned by: DocuSi ned by:
Pt t,V'SOIA. P�
teuiisur uP. 4L/. r�wcrouuwyi
(Signature`) (Signature)
By Chad Peterson By Nancy Backus
(Print name here)
Its Owner Its Mayor
(Authorized representative)
DATE: 8/13/2025 DATE: 8/18/2025
APPROVED AS TO FORM:
c: ;1-w
Signed by:
C Ii
s4D3 S7o4rt24
Jason Whalen, City Attorney
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Chad Peterson Attn: Thaniel Gouk
32316 111th Place SE 25 West Main Street
Auburn,WA 98092 Auburn,WA 98001
Phone: 253.797.4024 Phone: 253.931.4011
E-mail: E-mail: tgouk@auburnwa.gov
customerservice@cornerstoneconstructionandlandscapes.com
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NON-FORMALLY BID PUBLIC WORK CONTRACT NO.25-15
July 30,2025
Page 17 of 17