HomeMy WebLinkAboutCP2022 #21-26 Garden Avenue Realignment CITY OF -
yUBUIr� Nancy Backus,Mayor
�✓ �� WASHINGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000
September 10, 2021
Jason Roosa
Dickson Company
3315 South Pine Street
Tacoma, WA 98409
NOTICE TO PROCEED
RE: CP2022, Garden Avenue Realignment (Building Demolition) Contract#21-26
.You are:hereby notified to proceed as of September 10, 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 September 13,2021.This
project has 15 working days for completion.
If you have any questions, please contact the inspector for the project, Taylor Fay at
253-804-5038 or the Contract Administration Specialist, Cindy West at 253-931-3002.
Sincerely,
Gly. iro .
Aleksey Koshman, PE
Associate Engineer
Public Works Department
AK/cw/as
Enclosure
cc: Shawn Campbell, City Clerk
Jacob Sweeting, Assistant Director of Engineering/City Engineer
Taylor Fay, Project Inspector
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH, Revised 12/18 AUBURN * MORE THAN YOU IMAGINED
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
NON.FORMALLY BID PUBLIC WORKS CONTRACT NO.21-26
Project No.CP2022, Garden Avenue Realignment(Building Demolition)
THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal
'Corporation("City"),and Dickson Company("Contractor"),whose mailing address is 3315 South Pine
Street,Tacoma,WA 98409.
RECITALS:
1..The City,isinneed'of construction contracting services to complete the public work as'described
in this Contract.
,,' :2; :Contractoris-qualified;We'pe>iforrii the construction contracting services described in the Scope of
Work.
. • • - -:.3.The.City:wishes to.engagecontractor for the performances of these construction contracting
services.
r. ) 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
SMALL"P.UBLIC WORKS CONTRACT(MULTI.PLE 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).
El Other
ENG-059,Revised 7/20 -
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 1 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all workand furnish all tools,materials and equipment for the construction
of Project No._CP2022 in accordance with this Contract form. Scope of work is as follows:
The major items;of work are demolition and disposal of a residential building that
includes a detached garage and two outbuildings,removal and disposal of hazardous
materials from'the.properties,severance of existing utilities serving the properties,removal
and disposal of a concrete walkway,site restoration,and erosion control.
'. 'The-complete Contract includes the following parts,which are by this reference incorporated
herein'and made,ai 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. Appendix A-Project Location Map and Site Plan
• D. Appendix B-Prevailing Wage Rates and Key Benefits
E. Appendix C-Project Specifications for Asbestos Abatement&Hazardous Material
Removal
F. Appendix D-Regulated Building Material Survey
G. City of Auburn Construction Standards
H. City of Auburn Design Standards
I. Divisions 27-9 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
J. Portions of Division l of WSDOT/APWA Standard Specifications for Road,Bridge and
Municipal.Construction as specifically referenced by the City of Auburn Construction
Standards and the Contract.
K. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit
Key Code effective the date the Contractor submitted the Construction Work Quote Form
L. On the Contract plans,working drawings,and standard plans,figured dimensions shall
take precedence over scaled dimensions.
M. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's
decision will be final.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 2 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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:bnce 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 dither 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 shall complete,the work within 15 working days from the Notice to Proceed Date.
`_:" 5) LIQUIDATED DAMAGES (CHECK ONE)
El Liquidated damages shall not apply to this contract.
❑ Liquidated damages shall apply to this contract as follows:
••• If said wprk: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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 3 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
7) COMPENSATION
The Contractor shall do all work and furnish all tools,materials,and equipment for the work and
servicescontemplatedin 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 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 Total;Unit.Bid..Price,as specified above is forty-four thousand, five hundred dollars
•. ' .,($44;500.00)and Washington'State Sales Tax of four thousand,four hundred ninety-four dollars.
•,and:fifty.cents($4;494:50):for total contract price of forty-eight thousand,nine hundred ninety-
four dollars and fifty cents($48,994.50).
This project is•subject:touse tag,which shall be included in the lump sum,unit bid,or time and
material compensation amount listed herein.
The-City's sales;tax,:area,is;1-702 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
❑ This is.a Limited Public Works Contract AND the City has waived Performance Bond
requirements.
, •El 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 4 of 15.
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
"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.ofall 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.
• Q -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-retainaga held by the City in a non-interest bearing account,have it placed
. , _. _ • - in:.anEscrow_(inteiest bearing)Account,or submit a bond in lieu Of retainage. Said
' - ietainage.shall be held by the City for a period of 30 days after the Completion Date,
:or until'receipt:ofall necessary releases from the State Department of Revenue and
State.Employments 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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 5 of 15 -
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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 bythe 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 shallmotisubcontract work unless the City approves in writing. Each request to
• subcontract shall.be on the form theCity provides. If the City requests,the Contractor shall provide
,.proof that.the subcontractor has the experience,ability,and equipment the work requires.
. ,The`Coritraetor shallrequireeach.subcontractorto 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:
ENG-059,Revised 7/20 •
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 6 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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 willnotconsider 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.'Departlrlentof 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.
,.. • If.dissatisfied with any part Of the subcontracted work,the Citymay request in writing that the
. subcoptractor-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 n'ot.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 promptpayment 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 7 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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
..1,' 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
Contractorand'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 theCity 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 unableto 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 8 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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'.estiinated dollar cost,if any,of the protested work and how that estimate was
determined.
' e .An analysis d£the progress schedule showing the schedule change or disruption
_ _ • if the Contractor is asserting a schedule change or disruption.
.. : - , .. . : .- • ;The iContradtor 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.
. - • _:. . -1. 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'timelby 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 9 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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
. • Tis-Contract:- If resolutionnf 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;f nal•decision on the Contractor's protest. Any claim for damages,additional
:,payinent'forany 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 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 10 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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 fes,arising out;of or in connection with the performance of this Contract,except
fob.injuries and damages caused by the sole negligence of the City.
The City's•insp,ection 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,cblut:of conipeterit jurisdiction determine that this Contract is subject to RCW 4.24.115,
• .: aliens in the event ofliability for damages arising out of bodily injury to persons Or damages to
propery caused byor 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 bf iinmunity-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 ofthis.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 isa 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
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 11 of-15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
as applicable—RFI Title/Subject. Each e-mail shall be limited to 10 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(a,auburnwa.gov. The e-mail subject line of electronic submittals shall
• . include the following:.;;CP2022, Garden Avenue Realignment (Building Demolition) -
' •"Subinittal:Title":'Each electronic email shall be limited to 10 MB's in size. All electronic
.. ... - subniittals-shall be Clear;;sharp high contrast electronic files in WOrd 2016,Excel 2016 or
." •,• PDF formats.; •All.submittals shall accompany the City of Auburn"Request for Submittal
• • , ' • - . Approval'.''(RSA):fornV-.Any submittals made without the RSA form Or without all of the
. • - . reuired.information.on:"the form filled out by the Contractor shall be rejected without
2 ,: , • ,• _• H review::.No:additional.:compensation or time extension shall be granted for a Contractor
.. 'not:supplying this fOrth:as:a cover letter for their submittals or for an improperly filled out
_ •. , • , ' ' ',form:,The RSA form shall be completed by the Contractor as follows:
• . • --; • .. •:: For.;any item being submitted to the City for review and approval for the first time,
check the"New Submittal"box. The City will assign the item a submittal number.
For'items that have been previously submitted and require a re-submittal, check
• the "Re-submittal of No. " box and fill in the submittal number that was
• . • assigned by-the City to the original submittal. For submittals that are providing
• Material Acceptance Documentation for a submittal that has been previously
made, the Contractor shall check the "Material Acceptance Documentation for
• Submittal No._"box and fill in the submittal number that was assigned by the
City for which the Contractor is supplying the acceptance documentation for.
• Fill in the Contract Number(I.E.##-##)and Contract/Project Name;
- . • Fill in the Project Identifying Number(I.E. CP####);
• Fill in the Date the Submittal was transmitted to the City;
• Provide the Contractor's name and, if applicable, the name of Subcontractor or
supplier who prepared the submittal;
• The Contractor is strongly encouraged to submit only one material or item per RSA
form,however if more than one material or item is listed on the form then provide
a General Submittal Title that is applicable to the group. Do not group non-like
materials or items on the same form;
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 12 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
• When applicable,provide the Bid Item number the submittal is referencing;
• Provide a submittal description(be specific).For material submittals, provide the
Type of Material, the Manufacturer's Product/Type, or the trade name of the
product;
• '•: When applicabl`e;:provide the Name and the Location of the Fabricator or the
Manufacturer's name or the Pit Number. This should be the actual manufacturer,
• not the supplier or distributor,
• • Provide the.Contract Specification section number(s) or the page number the
submittal material is referencing,or you can list the Plan Sheet number;and
•• ,For material.'submittals, indicate whether the submittal is requesting use of the
, --; WSDOT.Qualified Product List(QPL)or if the submittal is a Request for Approval
of Material,(RAM) that is not in the QPL, by checking the appropriate box. For
. . _..non-material:submittals and for material acceptance documentation these boxes
• ; shall be:left blank. If the Contractor elects to use a product listed in the QPL, the
: ': submittal-docurrientation shall be prepared in accordance with the instructions in
the-:WSDOTQPL program and shall be the most current list available at the time
the product is proposed to be used.
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
shall riot,by reasonof 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 andavailable 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 itsemployees,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.
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 13 of 15
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
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 darriages.arising from the parties'performance of this Contract,each party
• ': : shall.beresponsible.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
lithit the City's right to indemnification under Section 10 of this Contract.
'. H:'Written Notices: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 shali;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 sentto 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.
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 anyone: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 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 14 0115
DocuSign Envelope ID:54D59923-7168-44E5-9695-D65B8D6C4955
IN WITNESS WHEREOF,the parties below have executed this Contract.
DICKSON COMPANY THE CITY OF AUBURN
[—DocuSigned by: DocuSigned by:
Dm/a-Maws.
154E85095437402... AECEBK:197354C0...
• (Signature) (Signature)
David Dickson
By By Nancy Backus
(Print name here)
Its President Its Mayor
(Authorized representative)
9/7/2021 9/8/2021
DATE: DATE:
APPROVED AS TO FORM:
. DocuSigned by:
Ete-stai.t. 6olst.e.414
tBa5bBt2CBu944C...
Kendra Comeau,City Attorney
Notices to-be sent to: Notices to be sent to:
DICKSON COMPANY CITY OF AUBURN
David.Dickson .: . Attn: Aleksey Koshman
3315 South Pine Street 25 West Main Street
Tacoma,WA 98409 Auburn,WA 98001
Phone: 253-472-4489 Phone: 253.804.5071
E-mail: david@dickson.net E-mail: akoshman@auburnwa.gov
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.21-26
6/17/2021
Page 15 of 15
A.CITY OF *"_:'1 .,
..., Nancy Backus,Mayor
:_ WASHINGTON! 25 West Main.Street.*Auburn.WA.98001-4998*www.auburnwa.gov*253-931-3000
October 19, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jason Roosa
Dickson Company
3315 South Pine Street
Tacoma, WA 98409 ,
Re: Contract No. 21-26
Project No. CP2022, Garden Avenue Realignment (Building Demolition)
Final Pay Estimate Letter
Dear Mr. Roosa:
Enclosed is your Final Payment in the amount of$39,539.50. The total contract amount
for this project is $43,489.50.
Please be aware that contract completion and final acceptance will not be granted prior to
receipt of Affidavits of Wages Paid for your firm and all Subcontractors, and that incorrect
information supplied to L& I may delay release of retainage until payment of industrial
insurance by all Subcontractors is verified.
If you have any questions, please contact Cindy West, Contract Administration Specialist,
at 253-931-3002.
Sincerely,
akakey, Koakwciw
Aleksey Koshman, PE
Associate Engineer
Public Works Department
Enclosure
cc: Shawn Campbell, City Clerk
Taylor Fay, Project Inspector
ENG-142-ELH,Revised 02/19 AUBURN MORE THAN YOU IMAGINED
• •N
•
..,
. ..
• ,........
(
CITY OF ALIBURN, TATE OF WASHINGTON 98001 ,AC d,b, U NI'S:PAYABLE CHECK, ,, , ,.., _ NO, 455247
,400014,143
...„, ,---„,,,,wx!gyi,W; ,:ZWIti,:: *,,,,avADISGOUNT,--••-• _,• - ,... -
ftWfWeit6tNtifittlEtigoVia 1,,VMD•AlEi"X504,A41.0144umffERi-644,41mcia§:-Vki-Z:ffl•:YA;a- DESCRIFT101,1
: '; • .
, -53g,50•
57968 10/07/2021. 21-001513 0P.2022, Garden,Ave:Realignment(WO00039!
'
..,...„...
. ,..
•
. .
----
•.
.,„ .
• '
•• .
, .
,...,...„ • , -,„,.,
...
• ,
• ..
•
• . . . .
: .
, -
• .
.•
...._..„..........-_..
. . . .
,.
• .
.„, .
. •,. ,,
i• .
' .
..
• .
. .
. ' ' • •
. . .
. . ,
•
...
•
• .
...
••
. ,
. .,. •• .... ,
. ..,,.,
,.•••••• -1
.• .
. .
.; .
,..
..,: •
. .,
•,.... .,
;:
,,
,
•
• ... .. .
.. . . . .
•
• , , ' ,.
,....
, . . . . • - . .. .
... ,.
PLEASE DETACH BEFORE!)EPOSMNG .. .
'
EE limo°wa I A DUAL,TONE.UWE WATEEIM4AR ..„ , , ,,.. ,
, .
.1.,i,,,,,..,m„...!r',... 11A.RNIt ...,... ;.., ..:..„.....„..,,,:„ -.--,..:....• ,',,, ,,, ,:,iiiiTql44.g- . :,.:::•.::!:, ..,: ::-.-:' ,,".,„.•j •.-:., -.••.-. A.,::,,: •-j,,--'::::]'.?2,:'..: :-...i:: :, ,,':-''''''-', Ww:,1- ,,.,t. .,,,tA.MY:G7v! ,,
''''''' '7•' '''; :i''''' '''''''''A'''''''' ' ''":'•3:'' At'''•-•'(''';5i" '",':':''':a:Vi4S'0":::N:•ZI'aal ,',Wl"'''''.4:,i.-,!'a''.i ,: !;N'•;.'i'X::.,LY,,.,;4•,,' - ;,,. -, .i.:':e•a: ,,,,:.;;. g4ig :a;•,',.-,,•: - ..4V,-%,•,, ;•,= <•,',:---0;,',.,,,6:TOW:Y.,••
• ,',.:•,,,,! c.?i'-?-'• '•:.•,,';:g4:4,•44...,'.Rrgt,., !%•i,:'a• .,,A4,-,v:...;:-,. ;›,::•••,:,,,.ki-.,•:i,.:j*.• ,S?e"-— - - KK%,, v,',:!Aft ;:U,';• :k,--t.,,!-s,eAki,,:.:•:;,t5i,gs,,..-jm,!•g!,,,..,,A-t::•2•1-i,,,,k•:A•.;,.. :,-::-,:H,-,,,,,w,j*:-...--•,----, - •
q'i'•• •F,I•!•-`4,,,,,,•,,,k,,,,,,,,,,,itf.j,s'',,f,,,,:.':',,,qf-L,,q13.,=Z?,.` "- -,..i . ,A,.-FL• 2,T,•,!;$!. - • . .:•,. • .,,,:;,:!:,•4*''‘I:g*iijilibiiiiiNtiticii*A.s..9.#41,P, ,..11,c1:114:'',„,,c-'.0';:a,:::, •=§:<•.::-:,.:t:VOID.,.. 0.00-.0:P-,P",,n', 47,74.,,•,. -.1250........
':';•,;'•'',I.:0-:'-' (''*.i'...04AM3'',VAUF'''t.''-'4f05•VtklV,,.:::6.41. ,-iii'.}-,-! i'.,,,:, !,.4', '''''''.'":7*, r,•4'Ai4CJliiiiiVWiitji6g•tbft:T99:!Vp-zeaij&cHtf5:1:wt',MO.ftkOtttcsoATE,A,,Ttl, :, ::::,•:,.,,•:,•:in
„.'..,,,,•',,, ,,,c1....4,,•N• 40,0,,,q-k.".z..0:i•a-sw.'i.--§,k,*:"ri•AA!J:. ,;r•• 4A5. -'-;-:'...6P.:"i".4664iEif2veu7.. -••'',. ::::-.--,:r't;"'"'"•:'''';',4•,:•;;;;',;•-:-'A;•:.--,:Jiiweitte.4,Atili:)(1011,3:;!g;:
:.,1','•''i,i:.'''N;':',:',8WqcbuNTs,•pikyABLE.:i-lt,,..,.,:q,:,: •2:.--,..g'',.ct.Ty,;py... .. „,•:---'7-; ,rife•• ••..--,-,,z,AttNDORN:040','1 g',52•Atigt.t.M. 45,t;HCHEO..':',. ...4,1•:,,,Itik•r44,,,;;;&,,A,,,V,4:-a,,A,L, ,,,:'..'*,t,i,:
rr8iVrAUBURI4V: P."A.',? gia•- -',,, .•ii :::',, '',,:i'.: "--':'::::,•:!`! ••• ••••!-•••-••••: :::::::•----,•-:::,''' ''''', 465247I ' 39:,•::iA,:••,;, 539Z(Y n•i, ,
.,',':.. .fl:„.-.444,•••,: .i.4 .a,4c.„, •: ;.'i',4 ii '4 ,„;‘,.4 g ::,'-'* .:',4... :,)_-,1.-4,;4.4,46.:6iE..:]E;,:.J:...to:i,4.0/18/2021(:',z,,,,v.P,,,.',,A0.524:,,,:'ItIvg ,,,,,,,,-.,,,,,,,,y7m,,,-:444,
5 :..1.1.',2,. ..641-ESI.:11:,.,114L:Vr:E,. r, ?',, \ •••• '5 :r...,,,''.5... ;5....;: ,A, .,,,-,'•••-. il:I,Y:::::: I.i,01 ,i,. .•1•],.r•,',liIC:;CN,:r:',, ji.,:.ilP.,,,:l;:',,,,:•'?:".,,,Il..i;?.,.,i4„.;11,,e,„,',•.i,I,..,,,:...::::.::r,
68bto: 4,-..-- ,;,:,4P- AvAstfingelo.m4 P&,,,,,,,P,w,,,A, ;:s',- ,%,gi.'14,-wwpJ,4
>„.:.,,,..,-.,..5,,,,,,,:-,•-.,..,,,.," -w..„,".,.,- "'ii ,,...,..:,..,...,.,..,..1 , IN,, I.,. ..qi,oz,z4„0 .,,i0",,,,,:li..,.fflo,,1,...i,,,,-,.. ,,o,,,.y1,p,, ,,Iii,zg:,i,.,,s1...",,,fr.„,,,,,,, ;,,-,,,i,,.,,,,,,,...ii:,,,,4,z,,, ,,,,x,iiui,.i.,,i..,14.n..4ic,.,..,,A,..,,,, ,,,,,,„,a,,.?,,,,.,.,,„,,,,
24 1,,,,•'..,r::‘,(''''T•7•0T. 1•,:. Ml ']' ,]iLn, <,...,;,..f.:,:',V,ft'!:;;.;'i'Vi::".:•,:!:,.1:ii2.:;',5, ' ,..t.' •X]."X,;• OvAt,:i...,,w;34. :24,v1;aTmm,„,.., ,,.,, ,Li::,=vri ,,..2a,,, ,,,,,,.. ).1,,,,k,:i1%,i,, ,.v.,4,.milm,4
6 :"Y:::..b,',,, ,,,-4,'-'''''''',..'..-.-:. ::":. . ",,,u.,...:,-:. ,,,,,..• . .:".:;.:,,:2,.:..".,::..,,....:i:":",,,::,.::..!,,,i,,,,,ii::.,.i,,,,:,,,,,:.:,,:,,,.,:.,,.,i.,.i,r.,,;,:.:.i.,;::,.::r::i,.,.,:,,.....y,"i.,:yr:.;i. ,v.,,:,",,,..tir",,f,ov2"
"rk h-, RHundredfThir -Nme Dollars:an arinT4.4111- ]-•-:e,,,,1*--,t.A,4,:,,,w,•,,,-,,,,,,,,..,"1:,,,,, ,,,,,,,,,,,,,,,:,..,,,,,,,,,,,,,b,,v,,:,,p,,,c,-..,,....,,,,
Ei:.-•'•-• PAY..:. -.. ,4,,,,,,,•,.T.i Nine ...„, •-:,.•,,,..:•••„,••••• •, •••-• •• •• - . . . ,,,,,,,,v,.e,g,\:„.;...?,,,,,F,, ,:",•,.:• ,-7,..,,,,,A-74, -,•rnst ..!,14-•:., .• ,,•::,, .„);>!. tv.o...,..--::(A,, ,,,, ,,.,,
•-• '-'.'-:- '- - '''-.. . :41,-)q-K'''•E,,--,,, ,:k.,• •W8i,iiv',-,!.140d,i,,n: . . • • ,, • .7•4001-: - ,:a*Vi,i4.1 '24:wn,,mz,a,,,,p4.,w-,.. ..F,..m,N.IA•%,;: ••,,',..:•,,i:,
g'.AA-, - .:.A.t''...,:,......•:. .• :. . :.--.....,', l,....:,....:!:.a.,'.:..... : ...:,.,L:j.,.,..,., '„V;4A4ftIOXOle.6.f*d.tg40F,I.Mil7PftWVi!0..4.Al :
.k,'..:.:& Mg4444ti.tTlgOi0MAPi0:44E.-,: :SWaFIMV,NAl..4. WAROKIONSZIPV4P042i0tt'iI440AVOOMMOR.g.M
44mlePrivra'','TII--fci-4. --: .-...i:, .1 T ..,. ',„ wili 'mAggfai'44'AtiaoltmittikekogomingoImw,
., .. I ,, .., 1 I 2•649•§NVMSR.ANN".- OrW.;•'g•4 1....':..V,',1:14.7 R''',4§',-ftA4'..,',60V.a..7,,,A ":•n•':,':.-
:, DICKSONGOIVIPANY:) i 1 •- -.,...-H,:•,.. .••• .::,,,, ... . ,,,,,•,-,,,.:: ,•:'•,,i•i '' 7.,'' PN'..•jA14..1.•, .,4 .-4,,04n.i§)0•;WEi *i&ZZI,•] ..g•
ft H:'••11': k.P- ;'• 5 •'' ! aS1:5:•S PINE2$Tr 1 i: 1 1 'i I I. i l :`'..,si.CLLP:,:::•),,4'sWOM,,,qg't,,W10.411Psg4AWMP'', W•M:g1,',Ar>vg-tetafP.:;,::,3:? :
, !DilDR... i: ; _:,
, TACONFA,W/08409 1 ,! 1. ,. I I. i :'I, i Ii•Att4Iag.:'AINVE004Ataea. , - " ''...? ' .•. ":' .,,,iliZtEMIII 'D,,,L.
--L. -:,,. -,-T-..,-- ,.' h'..„...: L tLx,....„: J.,gAi..iuIA,A. .,:,-'',,,,N•,,'L,4.,,,,,m5 ,-, e - ...,',L,....-A. , — --- L ,
wm:'..,,,,:,:,;'m':6,,,,,A:::,,,.,6,:',4%,..,'',,''.,,l,,.0',,''';„,,,I„ 4
. 4:„ A7m1
9
t5A !ig? 4h,;,.II,,,,!mi0,,1,..u7,A.,4,i,Aiv..,o,ag,,:,1.,g,:4t„K,.a,iv,T,,,,':§.:,;„,k,e„q,k,.:1,„g,,t4.,,i.,(,,.„,,a.,r,,,igv.*,„l..,,,=,i1,,1,,„:,:_u,0„,.,,,,.t.0,:i„„:::,,I,.-.,,-,R„;4m„,%,.,e,i,s::',14,,,1„,„-,.;-,;.„hR.Er,„„.i.i,.,,,,p,e,,.Xl;...,,K„t4,'..a,'3.-.,s:..f„.,f,',,,..,d'.1,0.,.:,,',,V.:,,,.,wi,,;,.5.‘g,.V.,R,.,g.:.,4,,,,,:,-„..1--.i,.:.,,1,.,:,1.i•.,,,,,,3.,.„„'',T''',,'„„,,,,.,.',;1,,,.,,0x-,.3,,-,111:;4,,,M,,.7,,,,..„i.,6.!:!,Mg„,::,ke.4,.„)4::',.5.,„...
,--
(;,, ,,;•-i4-:...-...: ,,z:::y:!i,:pk.4.0.N•ow,..;;:g..0,n1;:....,, ,,,,,70.,:,t,!:,F,,.11.,A:a.,:::::*:;.1.,A,„ ,,,,,„..,,,giri,:iti,.,,,.;........„...;,;.;;;.,,.„.,,,_„„„,,„.,,,„.„-iv„,„..,*1.46.71121111r41=Tria.r11
,T.111....W.rWIQ
AIT:i117.11,12114.1in*nrivr.arraM”