HomeMy WebLinkAboutContract # 20-13 City Hall Main Electrical Service Replacement DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF J ( (o
7570
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 20-13
AUBURN CITY HALL MAIN ELECTRICAL SERVICE REPLACEMENT
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation("City"),and MacDonald Miller Facility Solutions ("Contractor"),whose mailing address is
7717 Detroit Avenue SW, Seattle, WA 98106.
RECITALS:
1. The City is in need of construction contracting services to complete the public work as described
in this Contract.
2. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
3. The City wishes to engage Contractor for the performances of these construction contracting
services.
4. This contract was not formally bid because(check one)
❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate< $50,000.00
and this contract was awarded using the Limited Public Works process as
described in RCW 39.04.155.
® SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK):
Engineer's Estimate< $75,500.00
El SMALL PUBLIC WORKS CONTRACT (MULTIPLE TRADE WORK):
Engineer's Estimate< $116,155.00
❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280, this work
is exempt from competitive bidding requirements because the work is
considered an emergency,meaning unforeseen circumstances beyond the
control of the City either: (a)Present a real, immediate threat to the proper
performance of essential functions; or(b)will likely result in material loss or
damage to property,bodily injury, or loss of life if immediate action is not
taken.
El COOPERATIVE PURCHASING AGREEMENT: This contract is being let
under(cooperative contract No. X)between(agency) and(contractor) in
accordance with RCW 39.34(Interlocal Cooperation Act).
❑ Other
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 1 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools,materials and equipment for the construction
of Auburn City Hall Main Electrical Service Replacement in accordance with this Contract form.
Scope of work is as follows:
See Exhibit A, which is attached hereto and by this reference made a part of this contract.
The complete Contract includes the following parts,which are by this reference incorporated
herein and made a part hereof Any inconsistency in the parts of the Contract shall be
resolved by the order in which they are listed:
A. Non-Formally Bid Public Works Contract(this form)
B. Construction Work Quote Form
C. Exhibit A: Scope of Work
D. City of Auburn Construction Standards
E. City of Auburn Design Standards
F. Washington State Department of Labor& Industries Prevailing Wage Rates and Benefit
Key Code effective the date the Contractor submitted the Construction Work Quote Form
G. On the Contract plans,working drawings, and standard plans, figured dimensions shall
take precedence over scaled dimensions.
H. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's
decision will be final.
2) CITY OF AUBURN BUSINESS LICENSE
The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn
business license.
3) NOTICE TO PROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City, and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met,whichever occurs first.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 2 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
4) TIME OF COMPLETION
The Contractor shall complete the work within 90 working days from the Notice to Proceed Date.
5) LIQUIDATED DAMAGES (CHECK ONE)
® Liquidated damages shall not apply to this contract.
n Liquidated damages shall apply to this contract as follows:
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay(according to the following formula) liquidated damages for each
working day beyond the number of working days established for physical
completion, and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will, in any degree,
release the Contractor from further obligations and liabilities to complete the entire
Contract.
Formula: Contract Price(without tax)x 0.15, divided by the original number of
working days for completion.
6) HOURS OF WORK
Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1,
Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract.
7) COMPENSATION
The Contractor shall do all work and furnish all tools,materials, and equipment for the work and
services contemplated in this Contract for compensation as follows: (Check One)
® Lump Sum Amount
❑ Unit Bid Prices as listed in the Construction Work Quote Form
❑ Not to Exceed Amount, paid per the Force Account method as described in Section 1-
09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal
Construction
The Lump Sum Amount, as specified above is $68,636.00 and Washington State Sales Tax of
$6,863.60 for a total of$75,499.60.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 3 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E8351GEE
This project is subject to use tax,which shall be included lump sum, unit bid, or time and material
compensation amount listed herein.
The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce
County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for
the Contractor and each and every Subcontractor, has been approved by the State Department of
Labor& Industries, and is received by the City.
A. Performance Bond
The Contractor shall furnish the City with an executed performance bond for the full Contract
amount, unless the contact amount is $150,000.00 or less and the Contractor has elected to
have 10%retainage held by the City, in which case a performance bond is not required for
this project.
B. Retainage(check one)
❑ This is a Limited Public Works Contract AND the City has waived retainage
requirements.
® This contract is $150,000.00 or less, therefore,the following applies:
The Contractor may elect to furnish a performance bond, in which case the City shall
hold back retainage in the amount of 5%of any and all payments made to the
Contractor, OR have the City retain, in lieu of the performance bond, 10%of the total
Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a
"Declaration of Option for Performance Bond or Additional Retainage"to indicate
his/her option. If furnishing a performance bond, the Contractor can choose to have
the retainage held by the City in a non-interest bearing account,have it placed in an
Escrow(interest bearing) Account, or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW,whichever is later.
❑ This contract is over, $150,000.00, therefore,the following applies:
The City shall hold back retainage in the amount of 5%of any and all payments
made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to
have the retainage held by the City in a non-interest bearing account,have it placed
in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said
retainage shall be held by the City for a period of 30 days after the Completion Date,
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 4 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department, including Affidavits of Wages paid for the
Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW,whichever is later.
C. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes,without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason,to satisfactorily complete any portion of the work,the City may complete the work by
contract or otherwise,and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract work, including
any additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims
The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Invoice is submitted by the Contractor.
8) INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor-Employer Relationship will be created by this
Contract,the City being interested only in the results obtained under this Contract.
9) SUBCONTRACTING
Work done by the Contractor's own organization shall account for at least 30 percent of the
awarded Contract price. Before computing this percentage however,the Contractor may subtract
(from the awarded Contract price)the costs of any subcontracted work on items the Contract
designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each request to
subcontract shall be on the form the City provides. If the City requests, the Contractor shall provide
proof that the subcontractor has the experience,ability, and equipment the work requires.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 5 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on
Public Works) and to furnish all certificates and statements required by the Contract. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
each and every subcontractor,has been approved by the State Department of Labor&Industries,
and is received by the City.
Along with the request to sublet, the Contractor shall submit the names of any contracting firms the
subcontractor proposes to use as lower tier subcontractors. Collectively, these lower tier
subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a
subcontractor. When a subcontractor is responsible for construction of a specific structure or
structures,the following work may be performed by lower tier subcontractors without being subject
to the 25 percent limitation:
A. Furnishing and driving of piling, or
B. Furnishing and installing concrete reinforcing and post-tensioning steel.
Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
The City will approve the request only if satisfied with the proposed subcontractor's record,
equipment, experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
The City will not consider as subcontracting: (1)purchase of sand, gravel, crushed stone, crushed
slag, batched concrete aggregates, ready mix concrete,off-site fabricated structural steel, other off-
site fabricated items, and any other materials supplied by established and recognized commercial
plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such
plants or by recognized independent or commercial hauling companies. However,the Washington
State Department of Labor and Industries may determine that RCW 39.12 applies to the employees
of such firms identified in A and B above in accordance with WAC 296-127.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 6 of 14
,DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
If dissatisfied with any part of the subcontracted work,the City may request in writing that the
subcontractor be removed. The Contractor shall comply with this request at once and shall not
employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any subcontractor.
Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to
the Contract between the City and the Contractor.
10)TERMINATION
The City may terminate this Contract for good cause. "Good cause" shall include,without
limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety or the
City,the City will calculate the total expenses and damages for the completed work. If the total
expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid
by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the
Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to,the
City on demand.
11)PREVAILING WAGES
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington
Department of Labor&Industries prior to commencing the Contract work. The Contractor shall
pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well
as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect
on the date the Contractor submitted the Construction Work Quote Form is attached and by this
reference incorporated herein and made a part hereof. No payment shall be issued until a Statement
of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has
been approved by the State Department of Labor&Industries, and is received by the City.
Retainage, if applicable, shall not be released until an Affidavit of Wages Paid form for the
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 7 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
Contractor and each and every subcontractor,has been approved by the State Department of Labor
& Industries,and is received by the City.
12)CHANGES
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change order is
necessary,the Contractor must submit a written change order request to an authorized agent of the
City within 10 calendar days of the date the facts and events giving rise to the requested change
occurred. If the City determines that the change increases or decreases the Contractor's costs or
time for performance,the City will make an equitable adjustment. The City will attempt, in good
faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed,the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the equitable
adjustment,the Contractor must complete the change order work; however,the Contractor may
elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor
If the Contractor disagrees with anything required by a change order,another written
order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest,the Contactor shall give a signed written notice of protest to the City;
and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 8 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E8351GEF
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 the Contractor as provided in this section shall constitute
full payment and final settlement of all claims for Contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
D. Failure to Protest Constitutes Waiver
By not protesting as this section provides, the Contractor also waives any additional
entitlement and accepts from the City any written or oral order(including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver
By failing to follow the procedures of this section,the Contractor completely waives any
claims for protested work and accepts from the City any written or oral order(including
directions, instructions, interpretations, and determination).
13)CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a
claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the
City's notice of its final decision on the Contractor's protest. Any claim for damages, additional
payment for any reason, or extension of time,whether under this Contract or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is made
in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's
written claim must include the information set forth regarding protests in this Contract.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 9 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF ,
Failure to provide a complete,written notification of claim within the time allowed shall be an
absolute waiver of any claims arising in any way from the facts or events surrounding that claim or
caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or connected with
this Contract prior to signing the Final Payment Form.
14)WARRANTY (CHECK ONE)
E No warranty applies to the Contract Work.
® Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected,the
warranty for that portion of the work shall extend for one year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time,the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
15) INDEMNIFICATION
Contractor shall defend, indemnify and hold the City, its officers,officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the performance of this Contract, except
for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 10 of 14
,DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
It is further specifically and expressly understood that this indemnification constitutes the
Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes
of this indemnification. The parties acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
16) INSURANCE
Insurance requirements shall be as specified in the City of Auburn Construction Standards, Part 1,
Section 1-07.18 (Insurance)which by reference is incorporated is a part of this contract.
17)CORRESPONDENCE (CHECK ONE)
® Submittals and formal Requests for Information(RFI) shall not be required for this contract.
❑ Submittals and Requests for Information(RFI) shall be as follows:
A. Requests for Information (RFI's). RFI's shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of
electronic RFI's shall include the following: Contract Number and Project Name/Number
as applicable — RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All
RFI's shall accompany the City of Auburn "CIP Construction Request for Information"
(RFI)form as a cover letter with enough information provided for the Engineer to respond
accordingly. The time required to evaluate and review RFI's is not the same for all RFI's.
The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted, for the
Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic submittals shall
include the following: <<<Project Number>>>,<<<Project Name>>>-"Submittal Title".
Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be
clear, sharp high contrast electronic files in Word 2007, Excel 2007 or PDF formats. All
submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA)
form. Any submittals made without the RSA form or without all of the required
information on the form filled out by the Contractor shall be rejected without review. No
additional compensation or time extension shall be granted for a Contractor not supplying
this form as a cover letter for their submittals or for an improperly filled out form.
18) MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract,the Contractor, its subcontractors, or any person acting on behalf of Contractor
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 1 l of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF .
shall not,by reason of race,religion, color, sex, sexual orientation, national origin, or the
presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws,rules and regulations throughout every aspect in the performance of this Contract.
C. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at
least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible
bidder and qualified to be awarded a public works project.
D. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk, and the Contractor shall be responsible for any loss of or damage
to materials,tools, or other articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
F. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract,resolution of that dispute shall be
available only through the jurisdiction,venue and rules of the King County Superior
Court,King County, Washington.
G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties'performance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit;however,nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
H. Written Notice. All communications regarding this Contract shall be sent to the parties at
the addresses listed on the signature page of this Contract,unless otherwise notified. Any
written notice shall become effective upon delivery,but in any event 3 calendar days
after the date of mailing by registered or certified mail,and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Contract.
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 12 of 14
pobuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
J. Modification. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized representative
of the City and the Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
L. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Contract. This Contract,referenced documents, and any
attached Exhibits contain the entire Contract between the parties. Should any language in
any referenced documents or Exhibits to this Contract conflict with any language
contained in this Contract, the terms of this Contract shall prevail.
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 13 of 14
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
IN WITNESS WHEREOF, the parties below have executed this Contract.
CONTRACTOR THE CITY OF AUBURN
Doc uSigbed by:
Sitibawkit. c P-
`—5F29AC20809149C_.
(Signature) (Signature)
By Stephanie Gebhardt By Nancy Backus
(Print name here)
Its CFO Its Mayor
(Authorized representative)
4/20/2020
DATE: DATE: 44 t
Contractor's State License No. MACDOFS980RU
State Tax Registration(UBI)No. 602-254-260
Federal Tax ID# 68-0533726
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Notices to be sent to: Notices to be sent to:
MACDONALD-MILLER FACILITY SOLUTIONS CITY OF AUBURN
Attn: Branden Gistlinck Attn: Lisa Moore
7717 Detroit Avenue SW 25 West Main Street
Seattle,WA 98106 Auburn,WA 98001
Phone: 206-507-0522 Phone: 253.288.3158
E-mail: Branden.Gistlinck@macmiller.com E-mail: lmoore@auburnwa.gov
ENG-059,Revised 7/19
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-13
March 27,2020
Page 14 of 14
ti
DocuSign Envelope ID:AFA7A000-3CF7-42BE-B5C8-7657E83510EF
EXHIBIT A
(
'TT1")MacDonald-Miller
��+�r1.r+��FACILITY SOLUTIONS®
We make buildings work better.
January 2, 2019 Proposal#010219-01-EA(Revised 04/3/20)
To: Lisa Moore
Subject: Main Electrical Service Replacement
Job Site: Auburn City Hall
MacDonald-Miller Facility Solutions is pleased to submit to you the following proposal for your
consideration. Our proposal is based on the information gathered at the time of our site visit and job walk.
This proposal includes the shutdown, removal and replacement of the existing (2) 1200A 480v Main
Electrical services. The project is figured for doing the work during normal business hours and we will
schedule for enough time to demo, make safe, remove, replace, re-terminate and test the incoming Main
Electrical Service with as little down time and interruption to the building.
Base Bid $68,636.00
Our proposal Includes the following:
• Work with the utility to arrange for building shutdown
• Work with the City to schedule shutdown
• Shutdown of the existing incoming utility that feeds the Main Electrical Service
• Demo and Make Safe the existing Main Electrical Service
• Removal of the existing Main Electrical Switchboards
• Handling and Installation of two (2) new Switchboards
• Re-termination of the existing feeders from the Switchboards
• Removal and disposal of Chiller disconnect and rerouted conduit.
• Testing of the new Switchboards
• Permit
• Inspection
Our proposal Excludes the following:
• State Sales Tax
• Utility Charges and fees
• Temporary power of all types
• Temporary heating.or cooling
• Engineering, if necessary
• State sales
• Tax
• Cutting/Patching/Painting
• Afterhours and Weekend Work
Thank you for this opportunity. If you have any questions, please call me at(206) 768-3826.
Sincerely,
MacDonald-Miller Facility Solutions
macmillercorn 1-800-962-5979 SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND