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HomeMy WebLinkAboutCP1614 Tucci & Sons, Inc CITY OF * AUBURNNancy Backus,Mayor WASH I NGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000 _ -` August 1,2017 -' CERTIFIED MAIL RETURN RECEIPT REQUESTED Matt Pavolka =_ Tucci&Sons 4224 Waller Road East rr' =egg =- �f�g_ Tacoma,WA 98443 NOTICE TO PROCEED RE:Project No.CP1614,2017 Local Street Reconstruction&Preservation,Contract = - #17-24 You are hereby notified to proceed as of August 4, 2017 with the work on the above- referenced project,within the time period specified,in accordance with the provisions of thefl contract documents,copy enclosed.This project has 75 working days for completion. a = If you have anyquestions, please contact the inspector =- for the project,p oleo,Seth Loop at Ja_ 253- 804-5082 or Contract Administration Supervisor,Amanda DeSilver at 253-876-1980. =_ Sincerely, r » _ Ingri Gaub,P.E. Assistant Director of Engineering/City Engineer Community Development&Public Works Department IG/jc/as 11, Enclosure cc: Dani Daskam,City Clerk =€s= Jai Carter,Project Engineer Seth Loop,Project Inspector CP1614 13.11 1 =Ms; E___=-E1=2 AUBURN*MORE THAN YOU IMAGINED CONTRACT E---- Contract Contract No.17-24 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at *Iii==_ Ea. Auburn,Washington,this A.S. day of ilku3v.1 4- ,2017,by and between the CITY =� . x_�.�,., OF AUBURN,WASHINGTON,a municipal corporation,and Tucci&Sons, Inc,4224 = q _ Waller Road East,Tacoma,WA 98443,hereinafter called the CONTRACTOR. _ WITNESSETH: That, in consideration of the terms and conditions contained in the i-.-iiin = B=EM Contract Documents entitled "CP1614, 2017 Local Street Reconstruction and a lm Preservation Project," which are by this reference incorporated herein and made a n_ `=° iiL part of this Contract,the parties hereto covenant and agree as follows: d __ I. The CONTRACTOR shall do all work and furnish all tools, materials and la 2 -f- equipment for Project CP1614, 2017 Local Street Reconstruction and Preservation ?£ -=�y' Project—constructing approximately 6,300 linear feet of street, storm drainage,and water main improvements-including excavation of existing roadway pavement and --=a-1 subgrade;3,650 linear feet of new asphalt concrete roadway pavement and subgrade; =i== 2,650 linear feet of street overlay, cement concrete curb and gutter reconstruction; driveway reconstruction; partial sidewalk reconstruction; curb ramp reconstruction; . storm drainage collection, conveyance,treatment and infiltration construction;water �:E main and residential service replacement;and other appurtenances for a unit bid price si of two million,eight hundred nineteen thousand,one hundred ninety one dollars and -z.—g , seventy five cents ($2,819,191.75) and Washington State Sales Tax of forty five =:1 thousand, one hundred eighty five dollars and thirty cents ($45,185.30) for a total 1: contract value of two million,eight hundred sixty four thousand,three hundred seventy °11 seven dollars and five cents($2,864,377.05)in accordance with and as described in g the Contract Documents which are by this reference incorporated herein and made a E-====_- part hereof, and shall perform any alterations in or additions to the work provided i= = -_ under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 __-^ calendar days after the receipt of the dated notification of award and the Contract time = shall commence within 5 working days after execution of the Contract by the City and -7.- so designated on the Notice to Proceed. Physical completion shall be within 75 working days of the date on the Notice to Proceed. ^-c_ If said work is not completed within the time specified,the CONTRACTOR agrees to E; pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9 __= (Liquidated Damages)of the Standard Specifications. '=_._ _-g= €ate=== The CONTRACTOR shall provide and bear the expense of all equipment,work and v labor of any sort whatsoever that may be required for the transfer of materials and for l a= = constructing and completing the work provided for in this Contract and every part M_ thereof,except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. ;. II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ,and does employ the CONTRACTOR to provide the materials and to do and i i_ cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained se-, and hereby contracts to pay for the same according to said Contract Documents and �_w the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. NMI III. The CONTRACTOR for himself, and for his heirs, executors, administrators, _ successors, and assigns, does hereby agree to the full performance of all the aJ E covenants herein contained upon by part of the CONTRACTOR. _',—_ 7. IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract,except as expressly provided =E= herein. a5 IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed - -- the day and year first hereinabove written. CITY OF AUBURN,WASHINGTON - By $^ Nanc us,Mayor Countersigned: thisdayof -- 2017 ATTEST: • -1/4 _n: E.Daskam,City Clerk -4- ,.---#.e.--- ---- Danielle =T M APP'•VEDA, F- D- 0 FORM: _ .._ .„, B.Held,City Attorney C I &SONS, INC —1'72------'-'-'7:. By Michael F Tucci President Authorized Official Signature :FES 7775 Mffin Escrow No. of 3 OO S S 16 5 $ = Agency City of Auburn — 25 W.Main,Auburn WA 98001-4998 = Contract No.17-24 FAR 1 ESCROW AGREEMENT ieaOni Washington Trust Bank 10500 NE 8th Street, Suite 1100 Bellevue,WA 98004 (425)709-5516 The Undersigned,herein referred to as the Contractor,has directed the City of Auburn, hereinafter referred to as the Agency,to deliver to you its warrants which shall be �_ m. payable to you and the Contractor jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase,as directed by the Contractor,bonds or other securities a__ chosen by the Contractor and approved by the Agency. Attached is a list of such bonds,or other securities approved by the Agency. Other bonds or securities,except7-71r stocks may be selected by the Contractor,subject to express written approval of the Agency. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided in paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid,you shall collect such interest and forward it to the Contractor at its address designated in the first paragraph unless otherwise directed by the Contractor. 3. You are not authorized to deliver to the Contractor all or any part of the securities d^=Aj held by you pursuant to this agreement(or moneys derived from the sale of such securities,or the negotiation of the Agency's warrants)except in accordance with written instructions from the Agency. Compliance with such instructions shall relieve -- EtMai you of any further liability related thereto. The estimated completion date on the f '' contract underlying this Escrow Agreement is Y 9 9 �' 4. In the event the Agency orders you to do so in writing,you shall,within thirty-five (35)days of receipt of such order,reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder,to the Agency. 5. The Contractor agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Agency directs the release to the Contractor of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. On the event that you are made a party to any =_ ___ litigation with respect to the property held by you hereunder,or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided form these instructions,or that there is any assignment of the IA e interests of this escrow or any modification hereof,you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses,including attorney fees occasioned by such default,delay,controversy or litigation. 6. This agreement shall not be binding until executed by the Contractor and the Agency and accepted by you. 7. This instrument contains the entire agreement between you,the Contractor and the Agency with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this;you shall not be required to take notice of any E — default or any other matter nor be bound by nor required to give notice or demand,nor required to take any action whatever except as herein expressly provided;you shall not be liable for any loss or damage not caused by your own negligence or willful ° T misconduct. 8. The forgoing provisions shall be binding upon the assigns,successors,personal representatives and heirs of the parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this agreement on this a 01 day of �1-1..�.J ,2017. T- Tucci A,. Sons Inc City of Auburn (Cont. ; (Agency) a, By ByI�� �ws.�- ...... (Signat V-) 0•,(Finance Dir ctor,Shelley,Coleman)' Michael F Tucci President (Name) (Title) The above escrow instructions received and accepted this ),0 day of 2017. E By _ (Authorized Bank Officer) Saver C/ienf 5erwicZ dnanaf�f� y (Name) (Title) �J _ Securities Authorized by Agency: 1) Bills,certificates,notes or bonds of the United States; 3 2) Other obligations of the United States or its agencies; 3) Obligation of any corporation wholly-owned by the government of the United States; 4) Indebtedness of the Federal National Mortgage Association; ~ 5) Time deposits in commercial banks;and 6) Savings deposits in commercial banks. r _ REF. H:\FORMS\FC115(3/03) E:\Share\ContractingPublicW orks\FC115 I . * 0U.4 . 1 Wig . , CITY OF x � AUBU6 ___... Nancy Backus,Mayor �ag WASHINGTON 25 West Main Street*Auburn WA 980014998*www au *253-931-3000 March 20,2019 =_ CERTIFIED MAIL `T =E RETURN RECEIPT REQUESTED Mr.Matt Pavolka `0-= Tucci&Sons,Inc. wpT 4224 Waller Road East Tacoma,WA 98443 RE:Contract No.17-24 Project No.CP1614,2017 Local Street Reconstruction&Preservation _= Contract Completion and Acceptance ___ Dear Mr.Pavolka: In accordance with Section 1-05.12 of the Contract Specifications,the above referenced contract is considered complete and accepted as final.The one-year warranty period begins as of the date of this letter. Your Contract Bond must remain in full effect until the expiration of the lien period and there .7.-..,.. .g:54- are no liens pending,then the penal sum of this bond,may be reduced to either ten percent (10%)of the value of the improvements to the City or two thousand dollars($2,000.00), whichever is greater. Your retainage in the amount of$141,748.13 will be released within 60 days provided all == necessary releases have been received and there are no outstanding claims against the y = IA retainage. _ If you have any questions, please contact Michelle Thompson, Contract Administrative =_ Specialist at 253-288-4327. - _ Sincerely,// � Jacob Sweeting,P.E. City Engineer/Assistant Director of Engineering Services Public Works Department JS/mt/as cc: Shawn Campbell,City Clerk Matt Larson,Senior Project Engineer - - Jai Carter,Project Engineer File 13.11 (CP1614) ENG-075,Revised 12/18 AUBURN*MORE THAN YOU IMAGINED = E- m_ 1