HomeMy WebLinkAboutCP1605 Herr Property Materials Import and Grading Small Works Contract Project No. CP1605, '
Herr Propecty Materials Import and Grading
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation("City"),and Lloyd Enterprises Ina ("Contractor"),whose mailing address is P O. Box 3889
Federal Way,WA 98063-3889
The paRies agree as follows:
I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools,
materials and equipment for the construction of Project No. CP1605 in accordance with this
Contract form. Scope of work is as follows.
Cpt,fill,and grade site per,plans prepared by Berger Partnership Landscape
Architects using existiag aod imported materials. Excavation and site work includes:
Grade and compact 640 cubic truck yards of imported common borrow, import and place up
to 1,365 cubic yards of"Pro-Gro"3-way screened topsoil in planted and mulched areas at a�
estimated 8"depth from finish grade. '
The Contractor shal I do all work and furnish all tools, materials,and equipment for the
construction of Project No. CP1605 in accordance with this Contract form and as shown on
the attached Exhibit"A",which is by this reference incorporated herein and made a part
hereuf. On the Contract plans, working drawings, and standard plans, figured dimensions �
shall take precedence over acaled dimensions.
11. CITY OF AUBURN BUSINESS LICENSE REQ[TIRED In order[o do business in the
City of Aubum,you are tequired to have a current City of Auburn business license. All
subcontractors and lower tier subcontractors working on the project must also have a City of
Aubum business license.
IIL TIME OF COMPLETION. The Contractor shall complete the work by September 15,
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 Contractor
desires to perform work on holidays, Satu�days, 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 Pazks Director for
pemtission 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 requests shall be submitted to the Parks
Director[wo(2)working days prior to Ihe day For which the Contractor is requesting
permission to work. The City reserves the right ro grant or deny any such request at its sole
discretion.
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Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and
between the hours of 10:00 p.m and 9:00 am. on weekends or holidays may also be subject
to noise control requirements,as indicated in Auburn Ciry Code Chapter 8.28.010 entitled
"Noise Control." If the Contractor desires to work during restricted times,the Contractor
shall submit a written request to the Parks Direc[or fourteen(14) calendar days prior to the
day for which the Conuactor is requesting permission[o work. The written request will
include specific days and times and description of wark 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 City receives complaints from the public or adjoining property
owners regarding the noise from the Contractor's operations. The Contractor shall have no
claim for damages or delays shouid such permission be cevoked for any reason.
VI. COMPENSATION. The Contractor shall do all work and furnish all tools,materials,and
equipment for the work and services contemplated in this Contract for the lump sum price
Not to exceed$42,917 75,and Washington State Sales Tax of$4,077 19 for a total of
$46,994.94. Our sales tax area is 1702 for King County No payment shall be issued until a
Statement of Intent to Pay Prevailing Wnges form, for the Contractor and each a�d every
Subcontractor,has been approved by the State Department of Labor&Industries, and is
received by the City
A. Performance Bond. A Performance Bond is not required for this project.
B. Retainaee.Retainage is not required for this project.
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 fumished 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 wsts incurred by the City
"Additional wsts" shall mean all reasonable costs, including legal costs and attomey
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 Pa�ment: Waiver of Claims. The making of final paymant shall constitute a
waiver of claims,except those previously and properly made and identified by the
Contractor as unsettled at the time reyuest for fina(payment is made.
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VII. INDEPENDENT CONTRACTOR The paRies 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.
VIII. SUBCONTRACTING. Work done hy the Contractor's own organization sha11 account for
at least 30(thirty)percent of the awatded Contract price. Before computing this percentage
however,the Contractot may subtract(from the awarded Contract price)the costs of any
subcontrac[ed 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 3912 (Prevailing Wa�es on Public Works)and to fumish all certificates and
statements required by the Contract. As stated in Section VI,"Compensation,"no payment
shatl be issued untit 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
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[o a subcontractor. When a subcontracror is responsible for
construction of a specific structure or structures,the fo(lowing work may be peiformed 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 percenc 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 shal] 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 apy rights against the City
The City will not consider as subcontracting: (1)purchase of sand,gravel, crushed
stone,crushed slag,batched concrete a�gregates,ready mix concrete,off-site fabricated
SMALL PUBLIC WORK CON'I�RACT CP1605
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structural steel,o[her off-site fabricated items,and any other materiais 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 recogniaed independent or
commercial hauling companies. However, the Washingron State DepaRment of Labor and
Indus[ries may determine that RCW 39 12 applies to the employees of such firms identified
in A and B abovein accordance with WAC 296-127
ff dissatisfied with any part oFthe subcontrac[ed work,the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once
and shal]not employ the subcontractor fot any further work under the Contract.
This section does not create a con[ractual relationship between the City and any
subcontractor. Also, i[is not intended to bestow upon any subcontractor,the status of'a
third-party beneficiary to the Contract between Ihe City and the Contractor.
IX. TERM[NATION. The City may terminate this Contract for good cause. "Good cause"
shall include,without limitation, any one or moce of the following events:
A. The Contractor's refusal or faiture to suppfy a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work. �
B. The Contractor's failure to comple[e the work within Ihe time specified in t6is Contrac[. �
C. The Contractor's failure to make full and prompt payment to subcontrac[ors or for �
materia] or labor.
D. The Contractor's persistent disregard of federal, s[ate or local ]aws, rules ar regulations. ,
E. The Contractor's filing for bankruptcy or becoming adjudged hankrupt.
After al(the work contemplated by the Contract has been completed cither by thc Surety
i
or the City, the City will calculate the total expenses and damages for the completed work. [f
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.
X. PREVAILING WAGF.S. Contractor shall file a "Statement of Intent to Pay Prevailing
Wages" with the State of Washington Departmen[of I,abor& lndustries prior to
commencing the Contract worlc 'Che 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 ei'fect on the quote submittal due
date. No payment shall be issued until a Statement oFlntent to Pay Prevailing Wages forrn,
for the Contractor and each and every subcon[ractor, has been approved by the State
Department of Labor&Industries, and is received by the City
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XI. CHANC,ES. The City may issue a written change order for any change in the Contract work
during the performance of this Contract. If thc 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 fifteen(15)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 City
determines that the change increases or decreases the Contractor's costs or time for
performance, Ihe City will make an equitable adj ustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adj ustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appxopriate. 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[o require a change order within the time
allowed,the Contractor waives its right to make any claim or submit subsequent changc
order requests £or 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 providad below•
A. Procedure and Protest bv the Contractor. If the Contractor disag�ees 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:
l. Immediately give a signed written no[ice of protest to[he CiTy;
2. Supplement the written protest within fifteen(15)calendar days with a written
statement that provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances thac caused the protest.
a 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 dismption.
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
SMALL PUI3LIC WOAK CONTRAC'C CP1605
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for work or time by an equitable adjustmen[. No adjustment wilt be made for an
invalid protest.
B. Contractor's Dutv to Comptete Protes[ed Work. In spite of any ptotest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceotance of Chan�es. The Contractor accepts all requirements of a
change order by (l)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 shal] constitute fu(1 payment and final settlement of all claims for
Contract time and for direct, indirect and consequentiai costs, including costs of delays
related to any work,either covered or affected by the change.
D. Failure[o Protest Cons[itutes Waiver. By not protes[ing as this section provides,the
Contractor also waives any additional entitiement and accepts from the City any written
or oral order(including directions, instructions, interpretations, and determination).
C. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this scction, the Contractor completely waives any claims for protested work and accepts
from the City nny written or oral order(including directions, instructions, interpretations,
and determination).
XIG CLA[MS The Contractor waives right to a claim if they have not £ollowed procedures �
outlined in Section XLA of this Con[ract. If resolution cannot be reached under Section
X1.A,then the Contractor shall give written notice[o the CiTy of all claims other than change
orders within fifteen(15)calendar days of the City's notice of its final decision on the �
Contractor's protest. Any claim for damages, additionaf 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;or if(and only i�no such
provision is appticable, 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 set forth regarding protests in Section XI.A.
Faituro to provide a comple[e, written notification of claim within the time allowed shall
be an absolute waiver of any claims atising in any way from the facts or events surrounding
that claim or caused by that delay
The Contractor mus[, in any event, file any claim or bring any suit arising from or
connected with this Contract within foRy-five(45)calendar days from the date the Contract
work is complete.
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XIII. WARRANTY All defects in workmanship and materials that occur within one year from
the date of the City's acceptance of the Contract work sh�11 be corrected by the Contractor.
When defec[s are correc[ed, the warranty for that podion of the work shall extend for one
year from the date such correction is corripleted 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. [f the Contractor does not accomplish the cortections within a
reaso�able [ime,the City may compiete the corrections and[he Contractor shalt pay all costs
incucred by the City in order to accomplish the correction.
XIV 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, inciuding al] 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 Contractur's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction detertnine that this Contract is subject to RCW
4.24.11 S,then, in[he 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 Con[ractor '
and the Ciry, its officers, officials,employees, agents and vo(unteers,the Contractor's
]iability hereunder shall be only to the extent of the Contractor's negligence.
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.
XV INSURANCE. The Contractor shall procure and maintain for the duration of this Contract,
insurance against claims for inj uries ro persons or damage[o property that may arise from or
in connection with the performance of the Contract work hcreunder by the Co�tractor, its
agents,representatives, employees or subcontractors.
Before beginning work on the project described in this Contract, the Contracror shall
provide a Certifica[e of Insurance evidencing the coverage's listed below The policies of
insurance for general, automobile,and pollution policies shall be specifically endorsed to
name the Contracting Agency and its officers,elected officials,employees,agents and
volunteers,and any other entity specifically required by the Contract Provisions, as
additional insured(s).
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A. Automobile Liabilitv 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 Insurance Services Office
(ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. lf
necessary, the policy shall be endorsed to provide contractual liability coverage.
B. Commercial General Liabili[v insurance written with limits no less than$1,000,000 each
occurrence, $2,000,000 general aggregate,and a$2,OOQ000 products-completed
operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 O1
and shall cover liability 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 Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement form CG
25 03 I 1 85. There shall be no endorsement or modification of[he Commercial General
Liability insurance for liability arisin�from expiosion, collapse or underground property
damage. The City shall 6e named as an additional insured under[he Contracror's
Commercial General Liability insurance policy,with respect to the work performed for
the City using ISO Additional Insurance endorsement CG 20 10 10 Ol and Additional
Insured-Completed Operations endorsement CG 20 37 10 Ol or substitute endorsements
providing equivalent coverage.
C. Workers' Comoensntion 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 fo(lowing provisions for Automobile Liability and Commercial General
Liabili[y�
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 City
shall be excess of the Con[ractor's insurance and shall not contribute with it.
2. The Coniractor's insurance shall be endorsed to state that coverage shall not be
cance]led by either party,except after thirty(30)days prior written notice by
certified mail, return receipt requested,has been given to the City
E. Contractor's Insurance for Other Losses. The Conhactor shall assume full responsibility
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 agents, suppliers,or contractors as wetl as to any i
temporary structures, scaffolding, and protective fences.
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F Waiver of Subro ag tion The Contractor and thc City waive all rights against each other,
any of their Subcontractors, Sub-subcontractors, agents and employees,each of the other,
for damages caused by fire or o[her perils to the extent covered by Builders Risk
insurance or other property insurance obtained pursuant to Section XV of this Contract
or other propeRy insurance applicable to the work The policies shal]provide such
waivers by endorsement or otherwise.
G. Accentabilitv of Insurers. Insurance is to be placed with authorized insurers in
Washington State with a current A.M. Best rating of not less than A-VII.
H. Verification of Coveraec. Contractor shall furnish the City with original cettificates and
a copy of the amendatory endorsements,including but not necessarily limited to the
additional insured endorsement, evidencing the Automobile Liability and Commercial
General Liability insurance of the Contractor before commencement of the work\
I. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtains and
maintains at a minimum, the insurance coverages listed in this section. Upon request of
the City, the Contractor shall provide evidence of such insurance.
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.
XVI. MISCEGLANF.OUS.
A. Nondiserimination. 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 oricntation, nationai origin,or the
presence of any sensory, mental,or physical disabiliry, discriminate against any person
who is qualified and available to perform the work to which the employment rela[es.
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 Work Performed at Contractor's Risk The Contractor shall take all precautions
necessary and shal(be responsible for the safety of its employees,agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contracror's own risk, and the Contractor shal(be responsible for any toss 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.
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E. Governin¢Law This Contract shnll be governed and construed in accordance with the
laws of the Sta[e of Washington. If any dispute arises between the City and the
Contractor under any oF the provisions of this Contract,resolution of that dispute shal(be
availabte only through the jurisdiction,venue and rules of the King County Superior
Court, King County, Washington.
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]egal costs and attomey's tees incurred in
defending or bringing such claim or lawsuit huwever, nothing in this subsection shall
limit the City's right to indemnification under Seciion t0 of this Contract.
G. 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 bewme effective upon dzlivery but in any event 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. Assi+n�. My assignment of[his Contract by the Contractor without the written
consent of the City shall be void.
L 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.
J. Severabilitv 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 fult force and effect.
K. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached E�chibits , supersede all prior verbal statements by
any representative of the City, and those statements shall not be constmed as f'orming 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 contlict wi[h any
langua�e contained in this Contract,the terms of this Contract shall prevail.
SMALL PURLIC WOR K CONTRACT CPI GOS
August 24,^_016
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IN WITNESS WHEREOF,the parties below have executed this Contract.
CONTRACTOR THE CITY OF AUBURN
�
(Signature) (Signature)
$y ����"� By NancvBackus
(Print name here)
Its Y� Its Mayor
(Authoria.ed representative)
DATE. F��y7"'rC� DATF, 8'3�'I�
Contractor's State License No. �oy0�+► .tSSq B
State Tax Registration(UBI)No. 17 t- voy G yoi
Federal Tax ID# 9�" Gg t si 2 z
Notices to be sent to: Notices to be sent to:
Ltoyd Enterprises Inc. CITY OF AUBURN
Attn: Otis Embree Attn: Daryl Faber
P.O. Box 38A9 25 West Main Street
Federal Way,WA 98063-3889 Aubutn, WA 98001
Phone: 253-874-6692 Phone: 253.931-3043
Fax:253-838-0103 Fax: 253.931.4005
E-mait: otise@LloydEnterprisesInc.com> E-mail:
ATTEST
��
Dam le E. Daskam, City Clerk
APPRO�ED AS TO ORM:
Daniel B. Heid, rn
SMALL PUBLIC WORK CONTRACT CP1605
August24,2016
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