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HomeMy WebLinkAboutS & S Outdoor LLC , GPBD07 Small Works Contract Project No. GPBD07, Isaac Evaos Playground Improvemeots THIS CONTRACT is entered into between[he City of Aubum, a Washington Municipal Corporation ("Ciry"), and S& S Ou}door LLC ("Contractor"), whose mailing address is 23033 I I'�'Ave W Bothell, WA 98021. The parties agree as follows: L CONTRACTOR SERVICES. The Contractor shall do all work and furnish all [ools, marerials and equipment for the construction of Projec[No. GPBD07 in accordance with Ihis Contract form. Scope of work is as follows: Construct playground and park improvements, per site plan prepared by Northwest Playgrounds and markups Gom City Parks staff, Excavation of site work,and prepara[ion includes; Machine work for placement of concrere, and all labor and materials. Concre[e work shall include: Forming and pouring 380' X 2' X 8"concrete retaining wall with re-bar, forming and pouring 225' X 5' X 4"concre[e sidewalks around park perimeter with broom finish, Forming and pouring approximately 1,375 square feet of 4"thick concrete slab on eastside of playground footprint. The Contractor shall do all work and fumish all tools, materials, and eguipment for the construction of Project No. GPBD07 in accordance with this Contract form and as shown on the a[[aclied Exhibit"A", which is liy this reference incorpora[ed herein and made a part hereo£ On [he Contrac[ plans, working drawings, and standard plans, figured dimensions shall [ake precedence over scaled dimensions. II. CITY OF AUBURN BUSINESS L[CENSE REQUIRED. In order to do business in the Ci.ry of Aubum,you are required to have a current City of Aubum business license. All suticontractors and lower tier subcontractors working on the project must also have a Ciry of Auburn business license. lll. TIME OF COMPLETION. The Contractor shall complete the work by April l,2016. IV. HOURS OF WORK Normal working hours for the Contract shall be any consecutive 8- hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday. If the Contracror desires to perfortn work on holidays, Saturdays, Sundays,or between the hours of 6:00 p.m. and 10:00 p.m. on any day, the Contractor shall apply in writing to the Parks Direc[or for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. Such reques[s shall be submitted to the Parks Director two(2)working days prior to tfie day for which the Conaactor is requesting SMALL PUBLIC WORIi CONTRACT GPBD07 Mmch 19,?OI6 Page I of 12 permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and be[ween the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requiremen[s, as indicated in Aubum Ciry Code Chapter 8.28.010 entitled 'Tloise Control." If the Con[ractor desires to work during restricted times, the Contractor shall submit a written request to the Parks Director fourteen(14)calendar days prior ro the day for which ttie Contractor is requesting permission to work. The written request will include specific days and times and description of work to be performed and the reasons the work cannot be performed during the normal hours of work. The City reserves the right to grant or deny any such request at its sole discretion. If approval is granted, it may be revoked at any time the Ciry receives complaints from the public or adjoining property owners regarding the noise from the Contrac[or's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for any reason. VL COMPENSATION. Tlie Contractor shall do all work and fumish all tools. materials.and equipmen[ for the work and services con[emplated in this Contract for the lump sum price Not to exceed $36,800,and Washington State Sales Tae of$3,496.00 for a total of$40.296. Our sales tax area is 1702 for King Counry . No payment shall be issued until a Statement of In[ent to Pay Prevailing Wages form, for Ihe Con[rac[or and each and every Subcontractor, has been approved 6y the Sta[e Department of Labor& Industries,and is received by the City. A. Performance Bond. A Performance Bond is not required for this project. B. Retainaee. Re[ainage is not required for this projec[. 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 no[conform to[he requiremen[s of this Contracr, and estra work and materials fumished without the City's written approval. If the Contractor is unable, for any reason,to satisfac[orily complete any portion of[he work,the City may complere 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 attomey fees, incurred by the Ciry beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete ttie Contract work, including any additional costs. from any and all amoun[s due or to become due the Contrac[or. SMALL PUBLIC WORK CONiRACTGPBD07 March 19,2016 Page 2 of I? D. Final Pavment: Waiver of Claims. The making of final payment shall constimte a waiver of claims.except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. VIL INDEPENDENT CONTRACTOR The parties inrend that an Independent Contractor- Employer Relationship will be created by this Contract, the City being in[erested only in the resul[s obtained under this Con[rac[. VIII. SUBCOPITRACTING. Work done by the Contractor's own organization shall account for at least 30([hirty) percent of the awarded Contract price. Before computing this percentage however, the Contractor may sub[rac[(from [he awarded Contract price)the cos[s of any subcontracted work on items the Contract designates as specialty items. The Con[rac[or shall no[subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the Ciry provides. If the Ciry 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 cenificates and statemen[s required by the Contract. As stated in Section VI, "Compensation," no payment shall be issued until a Statement of Intent[o Pay Prevailing Wages form, for the Contrac[or and each and every subcontractor, has been approved by the State Department of Labor& [ndustries, 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 subcontrac[ors. Collectively,these lower tier subcontractors shall not do work [hat 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 percen[ limitation: A. Fumishing and driving of piling,or B. Fumishing and installing concrete reinforcing and post-tensioning s[eel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontracrors. The City will approve the request only if satisfied with the proposed subcon[racror's record,equipment, experience and ability. Approval ro subcontrac[shall not: l. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liabiliry under the Contract and the Contractor's bond. 3. Create any contract between the Ciry and the subcontractor, or SMALL PUBLIC WORK CONIRACT GPBD07 March 19,2016 Page 3 of 12 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (I) purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete,off-site fabricated svuctural 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 RC W 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. Ifdissatisfied with any part of the subcontracted work, the Ciry may request in writing that[he 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. This section does not create a contractual relationship between the City and any subcontractor. Also, i[ is not intended to bes[ow upon any subcontractor, [he status of a third- party beneficiary to the Contract between the Ciry and [he Contractor. [X. TERMINATION. The City may terminate this Contract For good cause. "Good cause" shall include, without limitation, any one or more of the following evenu: 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 Contracror's failure to complete the work within the time specified in this Contrac[. C. The Contractor's failure to make full and prompt payment to subcontracrors or for material or labor. D. The Contractor'spersistent disregard of federal,sta[e or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Con[ract has been comple[ed either by the Surety or[he City, [he City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less [han any unpaid balance due the Contractor, the excess will be paid by the City to the Contractor. [f the total expenses and damages exceed the unpaid balance, the Convactor and the Surery shall bejointly and severally liable to,and shall pay the difference to,the City on demand. X. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the Stare 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 ttie quote submittal due date. SMALL PUBLIC WORK CONTRACT GPBD07 March 19,2016 Page 4 of 12 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 Ciry. XI. 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 m�st submit a written change order request[o an authorized agent of the City within fifteen (I S)calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the Ciry determines that the change increases or decreases the Contractor's costs or time for performance, [he Ciry 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 Ciry will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving ei[her a written change order from the Ciry or an oral order from the Ciry before ac[ually receiving [he written change order. If the Contractor fails to require a change order within the[ime allowed,the Contractor waives its right[o make any claim or submit subsequent change order requests for that portion of the Contract work If[he Contrac[or disagrees with the equitable adjustment, the Contractor must complere the change order work; however,the Contractor may elect to pro[est the adjustment as provided below: A. Procedure and Protest bv Ihe Contractor. lf 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 Ciry,the Contractor shall: I. Immediately give a signed written notice of protest [o the City; 2. Supplemen[the written pro[es[within fifteen(I S)calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances tha[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 de[ermined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. SMALL PUBLIC WORK CONTRACT GPOD09 Morch 19,2016 Pagc 5 of 12 The Contractor shall keep complete records of extra costs and time incurred as a resul[of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protes[. 3. The City will evaluate all protests, provided the procedures in this section are followed. I F the City determines that a prorest 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. Con[racror's Dutv to Complete Protested Work. In spite of any protest, the Contractor shall proceed prompdy with the work as the City has ordered. C. Contractor's Acceptance of Chanees. The Contracror accepts all requirements of a change order by: (I)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 ro Protest Constitutes Waiver. By not protesting as this section provides, the Contraccor also waives any addicional encitlement and accepts from the City any wrihen or oral order(including directions, instructions, interpretations, and determination). E. Failure ro Follow Procedures Constitutes Waiver. By failing to follow the procedures of [his sec[ion, the Contractor completely waives any claims for protested work and accepts from the Ciry any written or oral order(including directions, instructions, interpretations, and determination). XII. CLAIMS The Contractor waives right to a claim if they have not followed procedures outlined in Sec[ion XI.A of[his Contract. If resolution cannot be reached under Section XI.A,then the Contractor shall give written notice to the City of all claims other than change orders within fifteen (I 5)calendar days of the City's notice of its final decision on the Contrac[or's protest. Any claim for damages, additional payment for any reason,or estension of time, whether under this Con[rac[or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract; or if(and only i�no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date the Contractor knew,or should have known,of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information se[ forth regarding protests in Section XI.A. SMALL PUBLIC WORA CONTRACI'GPBD07 March 19,2016 Pagc 6 of 12 Failure to provide a comple[e, written no[ification 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 tha[delay. The Contractor must, in any e4ent, file any claim or bring any suit arising from or connected wi}h this Contract within forty-five(45)calendar days from the date the Contract work is complete. XI[I. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's accepcance of the Contrac[work shall be corrected by the Contractor. When defects are corcected,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 i[s receipt of notice Bom the City of the defect. If che Contrac[or does not accomplish the corrections within a reasonable time, the City may complete the wrtections and the Contractor shall pay all costs incurred by the Ciry in order to accomplish the correction. XIV. INDEMNIF[CATION. 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 attomey fees, arising out of or in connection with the performance of this Contract, ezcept for injuries and damages caused by the sole negligence of the City. The Ciry's inspection or acceptance of any of the Contracror's work when completed shall not be grounds to avoid any of these covenan[s of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RC W 4.24.1 I5, [hen, in the even[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 �he City, its officers,officials,employees, agents and volunteers, the Contractor's liability hereunder stiall be only to [he extent of[he Con[rac[ors negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance, TiNe 51 RCW, solely for the purposes of this indemnification. The parties acknowledge tha[[Fiey have mu[ually negotiated this waiver. The provisions of this section shall survive the expiration or rermination of this Contract. XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Connact work hereunder by the Contractor, its agen[s, representatives,employees or subcontractors. $MALL PUBLIC WORF CONTRACT GPBD07 March 19,2016 Page 7 of 12 Before beginning work on the project described in this Contract, the Contractor shall provide a Certificate of Insurance evidencing the coverage's listed below. The policies of insurance for general, automobile, and pollution policies shall be specifically endorsed[o name[he Contracting Agency and its officers, elected officials, employees, agents and volunteers, and any other en[iry specifically required by [he Contract Provisions,as additional insured(s). A. Automobile Liabilit4 insurance covering all owned, non-owned, hired and leased vehicles with limits no less than $100,000 combined single limit per accident for bodily injury and property damage. Coverage shall be written on fnsurance Services Office QSO) form CA 00 O1 or a substitute fortn providing equivalent liability coverage. If necessary.the policy shall be endorsed [o provide contractual liability co4erage. B. Commercial General Liabilitv insurance written with limits no less than$I,000.000 each occurrence, $2.000,000 general aggregate, and a$2,000,000 produc[s-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liabiliry arising from premises,operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury,and liability assumed under an insured contract. The Commercial General Liabiliry insurance shall be endorsed to provide the Aggregate Per Projec[ Endorsement form CG 25 03 I 1 85. There shall be no endorsemen[ or modification of the Commercial General Liability insurance for liabiliry arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy, with respect to[he work performed for the City using ISO Additional Insurance endorsemen[CG 20 10 10 O1 and Addi[ional [nsured- Completed Operations endorsement CG 20 37 10 01 or substiture endorsements providing equivalent coverage. C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: I. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance,or insurance pool coverage maintained by the Ciry shall be excess of the Contractor's insurance and shall not contribute with it. SMALL PUBLIC WORA CONTRACT GPBD07 March 19,2016 Page 8 of 12 . 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty (30)days prior written notice by cenified mail,re[urn receip[ reguested, has been given to the City. E. Contractor's Insurance for Other Losses. The Contracror shall assume full responsibiliry for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery,equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agen[s,suppliers,or contractors as well as to any [emporary swcwres, scaffolding, and protective fences. F. Waiver of Subroeation. The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the o[her, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other propeny insurance obtained pursuant to Section XV of[his Contrac[or other property insurance applicable to [he work. The policies shall provide such waivers by endorsement or o[herwise. G. Acceotabilitv of[nsurers. fnsurance is ro be placed with authorized insurers in Washington S[ate with a current A.M. Best rating of not less than A-:VII. H. Verification of Coveraee. Contractor shall (umish [he City with original certificates and a copy of the amendatory endorsements, including but no[necessarily limited to the additional insured endorsement,evidencing[he Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work\ I. Subcontractors. Contractor shall ensure tliat each subcontractor of every tier obtains and maintains at a minimum, the insurance coverages listed in this section. Upon request of the Ciry, the Contractor shall provide evidence of such insurance. Any paymen[of deductible or self insured retention shall be tlie sole responsibility of the Contrac[or. The City reserves the right to receive a certified copy of all the required insurance policies. XVI. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract, [he Contracror, its subcontractors, or any person acting on behalf of Contrac[or shall not, by reason of race, religion,color,sex, sexual orientation, national origin,or the presence of any sensory, mental, or physical disabiliry, discriminate against any person who is qualified and available [o perform the work to which the employment relates. B. Comoliance 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. SMALL PUBLIC WORK CONTRACT GPBD07 March 19,?016 Page 9 of 12 C. Work Performed a[Contrac[or's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agen[s, and subcon[ractors in the performance of[his Contract. All work shall be done a[the Contractor's own risk,and ttie Contracror shall be responsible forany 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 [o insist upon stric[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. Governine Law. This Contract shall be govemed and construed in accordance wi[h the laws of the State of Washington. If any dispute arises between Ihe Ciry and the Con[ractor under any of[he provisions of this Contrac[, resolution of tha[dispute shall be available only through [hejurisdiction, venue and rules of the King County Superior Court, King County, Washingron. F. Attomev'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 attomey's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection sliall limit[he Ciry's right ro indemnification under Section 10 of this Con[ract. G. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signa[ure page of this Contract, unless otherwise notified. Anv written notice shall become effective upon delivery, but in any even[three(3)calendar days after the date of mailing by registered or certified mail,and shall be deemed sufficiendy given if sent ro the addressee at the address stated in this Contract. H. Assianment. Any assignment of[his Contract by the Contractor without the written consen[of the Ciry shall be void. I. 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 au[horized representative of the Ciry and the Contractor. J. Severabilitv. I f 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 validiry ofthe remaining pottion of this Contract and the remainder shall remain in full force and effec[. K. Entire Contract. The written provisions and terms of this Contract, [ogether wi[h any referenced documents and attached E.�chibits , supersede all prior verbal statements by any representative of the City, and those starements shall not be construed as fortning a part SMALL PUDLIC WORR CONTRACT GPBU07 Mareh 19,201G Pagc 10 of 12 of or altering in any mauner this Contract. This Convact,referenced documenrs, and any attached Exttibits contain the eotire Contract behveen the parties. Should any language in any referenced documencs or Exhibiu to this Contract conflict with any langw�ge contained in this Contrect, the te�ms of this Contract shall prevail. SMALL PUBLIC 0.'ORK COYfRACT GPBD07 Mueh 19,2016 Paee 11 of I? I� 1VITNESS \VHEREOF, the panies belo�� hacc e�ecuted this Contract. I CO�TRACTOR THE CITt' OF AUBUR�: I� ��._ ---- �--�M-- ,J . r (Sisnaiu c (Signamrc) Be n1�r_�L Sa„B� B�' 1ann� Backus (Prin[na�ne here) It; O;v;��s Iis :�1a�or (.4uthorized repres�ntatice) DATE: J - I 6 ' / �o DATE: 3 • I 7 ' I �p Convactor�s Staie Liccnsc No. 556iiTSt$i4�.a Swtc Ta� Rcgistration(UBI) tio. �[t 3 H fo L �i$i Federal Ta� ID � •��t�_��I(�53-Q toticcs to bc scnt to Noticcs to bc scnt to: CO\TRACTOR CITl" OF AUBUR\ At[n:NIG[- SH•rva Aun: DanlFaber Address 23c�j3 �� A" 'r 25 \1'est Mnin Strect Cin, S[ate Zip F��E��'' ��`���'" � Aubum, R'A 98001 Phonc: �LS -7���{ 'Sr�L Phone: 2�:�.931-30a3 Fa�: Fax: 2�3.93 L�100� E-mail: SSou��vv�����C�v�..P��- �D'`� E-mail: .4TTEST: /�VGG�tu.U/� CJ�"_ Danfc c E. Daskam. Cin Clerk APPR •D AS OR�7: icl B. Heid. ' Attor�ev $\IAf.L PUI3LIC N'UItA CO\Tft:\C'f CiPriDOi livch 19,=ulC Page 11 of 12