HomeMy WebLinkAboutCP2103 #21-22 West Main St. and C St. NW Power Service Cabinet, CITY OF �*
AT=-T — _ 7
= = ' Nancy Backus,Mayor
-- :J WASHINGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000
August 10, 2021
Becky Mogensen
West Coast Signal
20111 208th Ave SE
Renton, WA 98058
NOTICE TO PROCEED
RE: Project No. CP2103, West Main St. and C St. NW Power Service Cabinet,
Contract 21-22
You are hereby notified to proceed as of August 13, 2021 with the work on the above-
referenced project,within the time period specified, in accordance with the provisions of the
contract documents,copy enclosed. Your first working day will be August 16, 2021 This
project has 20 working days for completion.
If you have any questions, please contact me at 253-931-3071 or the Contract
Administration Supervisor, Amanda DeSilver at 253-876-1980.
Sincerely,
s'2 _ _j
Mark Bjork
Traffic Operations Supervisor
Public Works Department
MB/ad
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Scott Nutter, Traffic Operations Engineer
Electronic Distribution Only
ENG-017-ELH,Revised 12/18 AUBURN V RN * MORE THAN YOU IMAGINED
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 21-22
West Main St. and C St.NW Power Service Cabinet
THIS CONTRACT is:entered into between the City of Auburn, a Washington Municipal
Corporation("City"),and West Coast Signal,Inc("Contractor"),whose mailing address is 20111 208th
Ave SE,Renton,WA,98058.
RECITALS:
1.;The City,is.iii need'of construction contracting services to complete the public work asdescribed
in this Contract.
• . • • • 2:. Contractor is qualified-to'pe>forJti the construction contracting services described in the Scope of
Work.
3.The City wishes to engag0:Contractor for the performances of these construction contracting
services.
• s,.. •_'•. • -) 4.This contract was not formally bid because(check one)
Q 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.
f SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK):
Engineer's Estimate<$75,500.00
®- SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK):
Engineer's Estimate<$116,155.00
- 0 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.
0 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).
Q Other
ENG-059,Revised 7/20 •
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 1 of 14.
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
AGREEMENT
1) CONTRACTOR SERVICES
The'Contractor shall'do all work and furnish all tools,materials and equipment for the construction
of Project No.21-22 in accordance with this Contract form. Scope of work is as follows:
- • Install'a city'supplied=power service/BBS cabinet. Remove existing power service
• - :and resole power to the new power service cabinet. /see Exhibit B
The complete Contracp includes the following parts,which are by this reference incorporated
,.heteiri:andtmado!ai part hereof. Any inconsistency in the parts.of the Contract shall be
;: resolved by the order in which they are listed:
s : ; A. Non-Formally Bid Public Works Contract(this form)
B. Construction Work Quote Form
: :C., Eihibit A proposed location,Exhibit B is a detailed scope of work
D. City of Auburn Construction Standards
E. City of Auburn Design Standards
F:. Divisions'2;-:9.of WSDOT/APWA Standard Specifications for Road,Bridge and
- Municipal'Construction as modified by the City of Auburn Construction Standards and
any special provisions included in the Contract
G. Portions'of Division'1:of WSDOT/APWA Standard Specifications for Road,Bridge and
-, Municipal Construction as specifically referenced by the City of Auburn Construction
Standards and the Contract.
' H.. .Washington:State':Department of Labor&Industries Prevailing Wage Rates and Benefit
Key'Code effective the date the Contractor submitted the Construction Work Quote Form
I. On the Contract plans,working drawings,and standard plans,figured dimensions shall
take precedence over scaled dimensions.
J. 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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 2 of 14.
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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.
4) TIME OF COMPLETION
. The,Contractor shallcomplete:the work within 20 working days from the Notice to Proceed
Date.
} 5) LIQUIDATED DAMAGES (CHECK ONE)
® Liquidated damages shall not apply to this contract.
. -,❑ Liquidated damages shall apply to this contract as follows:
Ifaaid worlds 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
' workirig_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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 3 of 14.
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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
•
n :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 sixteen thousand,six hundred sixty-five dollars
($16,665.00.)
. • • This;project:isisulijeetto usetax,which shall be included in the lump sum,unit bid,or time and
material compensation amount listed herein.
The City's:salesaax.areai1702 for work within King County and 2724 for work within Pierce
: County:'No payment:shallcbeissued 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
This is a Limited Public Works Contract AND the City has waived Performance Bond
requirements.
® 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 theamount 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 tohave
the retainage held by the City in a non-interest bearing account,have it placed in an
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 4 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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 39.0.8.010. The Contractor can choose to
_ have the retainage.held by the City in a non-interest bearing account,have it placed
• ;Anal 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'receiptof all necessary releases from the State Department of Revenue and
State Employment.Security Department,including Affidavits of Wages paid for the
• •• .Contractorand 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 extrawork 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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 5 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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 beon 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 39.12(Prevailing Wages on
• . • :Public Works)and to fumish;all certificates and statements required by the Contract. No payment
., shallbe 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 fines the
subcontractor pfoposes.to use as lower tier subcontractors. Collectively,theselower tier
subcontractors shallnot 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 maybe 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 rightsagainst the City.
ENG-059,Revised 7120
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 6 of 14,
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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,andany 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
plantsor 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 firins.identified in A and B above in accordance with WAC 296-127.
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 arid shall not
.employ the subcontractor for any further work under the Contract.
This'section does notcreatea.contractual relationshipbetween 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 Cityinay'terminate this Contract.for good cause. "Good cause" shall include,without
limitation,any One or moreof 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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 7 of 14.
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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 PayyPrevailing 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
Contractor.and-each'and every subcontractor,has been approved by the State Department of Labor
&Industries,and is received by the City.
12)CHANGES
' Th'e.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
occurredIf 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,Citywill.determine the equitable adjustment as it deems appropriate. The
COntractor shall proceed with thechange order work upon receiving either a written change order
from the City man oral order'frdm the City. If the Contractor failsto 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 Contractormay
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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 8 of 14.
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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.
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:wilUevaluate all protests,provided the procedures in this section are
followed. If*City determines that a protest is valid,the City will adjust payment
for work-or'timeby 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 Contractoraccepts 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 consequentialcosts,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).
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 9 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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.
Failure to provide a complete,written notification of claim within the time allowed shall be an
absolute waiver of any'claimsarising 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)
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 ofits 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 inconnection with the performance of this Contract,except
for injuries and damages caused by the sole negligence of the City.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 10 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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.
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)
Z •Submittals and formal Requests for Information(RFI)shall not be required for this contract.
D' 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 10 MB's in size. All
RFPs 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 Contractorshall 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 PWSubmittalsaauburnwa.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 10 MB's in size. All electronic submittals shall
be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 11 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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.: Iii 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 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,rulesand 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 rulesof 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 12 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
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 mailirig 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. Ariy.assignment of this Contract by the Contractor without the written
consent of the City shall be void.
,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 beunconstitutional 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. Thefwritten 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 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 13 of14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
IN WITNESS WHEREOF,the parties below have executed this Contract.
CONTRACTOR THE CITY OF AUBURN
DoeuSigned M. DocuS gnod by:
bUky Moi usu,,. N
�
5 5�Y'eD5^DB AECEB89537354C0...
(Signature) (Signature)
Becky Mogensen
By . By Nancy Backus
(Print name here)
President
Its Its Mayor
(Authorized representative)
8/2/2021 8/3/2021
DATE: DATE:
APPROVED AS TO FORM:
[/p
/�ocu510ned by.
/J or L.efNtl/�
Lmocartn,
anmeqr
Kendra Comeau,City Attorney
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Becky Mogensen Attn: Mark Bjork
20111 208th Avenue SE 25 West Main Street
Renton,WA 98058 Auburn,WA 98001
Phone:206-579-3675 Phone:253.931.3071
E-mail: accounting@westcoastsignal.com E-mail:mbjork@aubumwa.gov
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-22
July 20,2021
Page 14 of 14
DocuSign Envelope ID:CFEFF5E3-F718-4D6A-8566-72A339770902
EXHIBIT B
West Main St.and C St. NW/SW
• Jack hammer down and remove all the black top in the new proposed service location next to
the traffic signal cabinet and adjacent signal junction boxes.
• Pour a 4"slab of concrete'at grade up to both signal junction boxes.This will include a 6"riser
pad for the new service with two 2"conduits back to the adjacent signal junction box.
• Install Brownfield battery backup power service supplied by the City of Auburn as shown in the
attachedpictures between the existing signal pole and signal junction boxes.
• Ground,the,new powerservice_to the existing ground system in the signal junction box next to
the signal cabinet.
• ' Provide;and install PSE approved address label "COA SIGNAL 12 C St. NW"
• Arrange for L&I inspection of new service.
• Coordinate with PSE for a power disconnect.
• Attach a pure sign wave"generator to the traffic signal cabinet and power the intersection off of
the generator.
, • Remove the existing service cabinet and return to the City of Auburn.
• Jack hammer and demolish existing foundation under existing service that is being removed.
Preserve the existing conduits.
•, Locate the existing'2"conduit in the junction box next to signal cabinet that fused power is
currently routed through:Connect the existing 2"to the new 2"from the service cabinet for
unfused power into the service from existing PSE hand hole.
,• Install two 2 gauge Conductors and a single bare 8 gauge ground conductor from the new
service location back to the PSE hand hole. PSE will connect in their hand hole.
'• -Connect the 8 gauge conductor to the existing ground rod array.
• . Intercept existing street lighting circuit in the existing signal junction box next to new service
location and connect to the new service.
• Seta City of Auburn supplied Type 1 junction box over exposed foundation hole from the old
service location,fill with crushed rock and weld the lid.
• Contact PSE for power reconnect
• Contact PSE for a meter set