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HomeMy WebLinkAbout2867 1 RESOLUTION NO 2 8 6 7 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY 4 OF AUBURN, TO EXECUTE A PUBLIC WORKS AGREEMENT BETWEEN THE 5 CITY AND BRIERE & ASSOCIATES, INC , TO STRUCTURALLY STABILIZE AND REROOF THE HISTORIC BARN AND TOOL SHED AT OLSON CANYON 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1 . The Mayor and City Clerk of the City of 10 Auburn, Washington, are hereby authorized to execute a Public 11 12 Works Agreement between the City and BRIERE & ASSOCIATES, 13 INC , to structurally stabilize and reroof the historic barn 14 and tool shed at Olson Canyon A copy of the Agreement is 15 attached hereto, designated as Exhibit "A" and incorporated by 16 reference in this Resolution 17 18 ,Section 2 The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directives of this legislation 21 22 23 24 25 26 Resolution No 2867 August 7, 1997 Page 1 1 2 DATED and SIGNED this 18th day of August, 1997 3 4 CITY OF AUBURN 5 6 QGtcta(es (� CHARLES A BOOTH 8 MAYOR 9 10 ATTEST 11 12 fig.a.ix. , //d1441AdattitfLY 13 Robin Wohlhueter, 14 City Clerk 15 16 17 APPROVED AS TO FORM 18 19 ' n / ��l.l� 20 Michael J Reynolds, 21 City Attorney 22 23 24 25 26 Resolution No 2867 August 7, 1997 Page 2 UKIUINAL PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Auburn, a Washington Municipal Corporation ("City"), and BRIERE &ASSOCIATES, INC ("Contractor'), whose mailing address is 1944 Duvall Avenue NE, Renton,WA 98059,228-7170. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City' structurally stabilize the historic barn and tool shed at Olson Canyon, and reroof both stuctures following the recommendations and proceedures set forth by I.R. Gross, Structural Engineers,and shall be consistent with the historic nature of the property. 2. TIME OF COMPLETION. Contractor shall complete the work within 30 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount not to exceed 523,500, inclusive of applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor fifty percent(50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Pursuant to RCW 39.08.010, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later B. Retainaqe. The City shall hold back a retainage in the amount of five percent(5%) of any and all payments made to contractor for a period of sixty(60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, State Employement Security Department, and the State Department of Labor & Industries 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 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 agreement; and extra work and materials furnished without the City's written approval. If 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 Contractor shall be liable to the City for any additional costs incurred by the City 'Additional costs' shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor D Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE SHORT FORM PW CONTRACT--Page 1 of 6 draft:4/17196 PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this agreement, the City being interested only in the results obtained under this agreement. 5. TERMINATION. The City may terminate this agreement 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 agreement. 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. If the City terminates this agreement for good cause,the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. 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. 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 latest prevailing wage rate revision issued by the Department of Labor& Industries is attached. 7 CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City,the Contractor shall: SHORT FORM PW CONTRACT-Page 2 of 6 44,11..a draR:4/17/96 E' 7 1 Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (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 agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment 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 Contractor as provideded 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). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages. additional payment for any reason, or extension of time, whether under this agreement 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 agreement; 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 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 7.A.2.a:e. SHORT FORM PW CONTRACT--Page 3 of 6 X/draft:4/17/96 n - 02 ///777 � 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 Contractor must , in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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 agreement, except for injuries and damages caused by the sole negligence of the City The City's inspection or acceptance of any of 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 agreement is subject to RCW 4.24 115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'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 agreement. 11 INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, 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 by the Contractor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily SHORT FORM PW CONTRACT—Page 4 of 6 draf:4117196 A42.109%. t/_ 7 injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage;and employer's liability 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. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this agreement the Contractor, its subcontractors, or any person acting on behalf of contractor shall not, by reason of race, religion, color, sex, 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. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and 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 agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County,Washington. F Attorney's Fees. To the extent not inconsitent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit;however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, 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 agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. SHORT FORM PW CONTRACT-Page 6 of 6 In ���111 ppp777 draft:4/17/96 {-eq _ ,��a / Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any 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 agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF,the parties below have executed this agreement. CONTRACTOR THE CITY OF AUBURN Briere & Associates, Inc Ulcotles 1'{ ii DO3R By\Al. 41.44 ' / i(1.(' - Its Terrill-L- -•riere, president DATE. December 19, 1997 DATE. 3// /9• / Notices to be sent to: Notices to be sent to: CONTRACTOR Briere & Associates, Inc. 1944 Duvall Avenue NE The City of Auburn 1 n2LWA/1/9Rn59 25 West Main 125 U Auburn,Washington 98001 (206)931-3010 •PPROVED AS TO FORM: ATTEST�� e� d/t Auburn City Attorney Auburn City Clerk SHORTPWK.doc J1 SHORT FORM PW CONTRACT--Page 6 of 6 7/, . r 62-18-O7 draft:4/17/96 f/rf"�Q�/� 3 •OFFICE OF THE MAYOR CITY ADMINISTRATION Charles A. Booth, Mayor 'n 25 W Main, ,W 9 (253)931-3041 est Auburn Fax: (253)288 A -8001 2 313 STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2867 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2867 " I certify that said Resolution No. 2867 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 18th day of August, 1997 Witness my hand and the seal of the City of Auburn this 21st day of January, 1999 Aatta Danielle Daskam, City Clerk City of Auburn CSR DP DATE I ACORD CERTIFICATE M/OD/YYI IFICATE OF LIABILITY INSURANCE BRIAS-1 08/25/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hurley, Atkins & Stewart, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1800 Ninth Ave , Suite 1500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle WA 98101 COMPANIES AFFORDING COVERAGE Diana Phillips COMPANY Phone No. 206-682-5656 Fax NO. A Valley Forge Insurance Co INSURED COMPANY B Continental Casualty Co COMPANY Briere & Associates, Inc C 1944 Duvall Avenue NB COMPANY Renton WA 98059 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDNYI DATE IMM/DDNYI GENERAL LIABILITY GENERAL AGGREGATE 5 2,000,000 A X COMMERCIAL GENERAL LIABILITY 129611490 10/15/97 10/15/98 PRODUCTS COMP/OPAGG 52,000,000 4 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 51,000,000 X WA Stop Gap FIRE DAMAGE(Any one fire) $ 50,000 MED EXP Any one person) S 5,000 - AUTOMOBILE LIABILITY B X ANY AUTO 129611506 10/15/97 10/15/98 comBlrleDSINGLEUMIT 51,000,000 ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT 5 AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE 5 UMBRELLA FORM AGGREGATE 5 1 OTHER THAN UMBRELLA FORM 5 WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS _ I ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE. EXCL EL DISEASE EA EMPLOYEE 5 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re Evidence of Insurance Only CERTIFICATE HOLDER CANCELLATION AUBCI-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Auburn BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Parks & Recreation Department Attn Josie Emmons OF ANY KIND UPON THE COMPANY ITSAGENTS OR PRESEN TIVES. _ 25 West Main AUTHORIZED REPRESENTATIVE Auburn WA 98001-4998 Diana Phillips ACORD 25-S (1/95) ©ACORD CORPORPJI1ON 1988 RECORDS MANAGEMENT Ordinance No. I 09 Resolution No. ,�86 "/ Date Adopted 'ill Copies to. 111 1 ) Department Contact(s): Finance Department (Copy if relates to fees, charges, or any accounting responsibility) 2.) Code Book: 3.) Recording File. 4 ) Citizen Requests. NAME Address cc: City Clerk