HomeMy WebLinkAbout10-046 - Evergreen Asphalt & Concrete - Foster Golf Course Path RepairsContractor/
Vendor Name:
Address:
Telephone:
Evergreen Asphalt and Concrete
PO Box 1567
Kent WA 98035
253- 639 -3779
CITY OFTUKWILA
Short Form Contract
The City and the Contractor hereby agree as follows:
Project No. 9104111
Budget Item:
Project Name: Cart Path Asphalt Project
411.00.594.760.63.05
Please initial all attachments, then sign and return copies one and nvo to:
City of Tukwila, Parks and Recreation/Foster Golf Department, 13900 Interurban Avenue South,
Tukwila, Washington 98168.
Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT n/�
This Agreement, made and entered into this ,^J.1 day of tXJ 20/D
by and between the City of Tukwila, hereinafter called the City ..and Fv .i�e�y, �1 ah�zc� f 6cyme:v to
hereinafter called the Contractor.
I. SCOPE OF WORK- Approx 2,300 sq /ft new asphalt to meet up with old asphalt.
2. Approx 3000 sq /ft of repairs (remove and replace) old asphalt as per description on bid.
2. TIME OF COMPLETION
The work shall be commenced 51/0 I LJ and be completed no later than
3. CONTRACT SUM
The City shall pay the Contractor for the performance of the work the sum of
plus applicable Washington State sales tax.
4. PAYMENTS
The City shall make payments on account of the contract at completion of project.
5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due 10 days after completion of the work, provided the contract is fully
performed and accepted.
6. GENERAL CONDITIONS
The City and the Contractor agree upon the following general conditions which shall govern:
A. Contract Documents
The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor. materials, appliances and services of
every kind necessary for the proper execution of work, and the terms and conditions of
payment therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to
report all differences in measurements before commencing to perform any work hereunder.
Foster Golf Links March 15. 2010
Cart Path Asphalt Project
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1 of oYlmd
17,260
10 -046
Council Approval N/A
�i 2'Uli t
B. Materials, Appliances and Employees
Except as otherwise noted, the Contractor shall provide and pay tbr all materials, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials
shall be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
C. Surveys, Permits and Regulations
The City shall furnish all surveys unless otherwise specified. Easements for permanent
structures or permanent changes in existing facilities shall be secured and paid tbr by the City
unless otherwise specified. The Contractor shall comply with all laws and regulations bearing
on the conduct of the work and shall notify the City in writing if the drawings and
specifications are at variance therewith.
D. Protection of Work, Property and Persons
The Contractor shall adequately protect the work, adjacent property and the public and shall be
responsible for any damage or injury due to his act or neglect.
E. Access to Work
The Contractor shall permit and facilitate observation of the work by the City and its agents and
public authorities at all times.
F. Changes in the Work
The City may order changes in the work, the contract sum being adjusted accordingly. All such
orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be
made in writing before executing the work involved.
G. Correction of Work
The Contractor shall re- execute any work that fails to conform to the requirements of the
contract and that appears during the progress of the work. and shall remedy any defects due to
faulty materials or workmanship which appear within a period of one year from date of
completion of the contract and final acceptance of the work by the City unless the manufacturer
of the equipment or materials has a warranty for a longer period of time, which warranties shall
be assigned by Contractor to City. The provisions of this article apply to work done by
subcontractors as well as to work done by direct employees of the Contractor.
H. Owner's Right to Terminate Contract
Should the Contractor neglect to prosecute the work properly. or fail to perform any provision
of the contract, the City, after seven days' written notice to the contractor, and his surety, if any,
may without prejudice to any other remedy the City may have, make good the deficiencies and
may deduct the cost thereof from the payment then or thereafter due the Contract or. at the
City's option, may terminate the contract and take possession ()Call materials, tools, appliances
and finish work by such means as the City sees tit, and it the unpaid balance of the contract
price exceeds the expense of finishing the work. such excess shall be paid to the Contractor, but
if such expense exceeds such unpaid balance. the Contractor shall pay the difference to the
City.
L Payments
Payments shall be made as provided in the Agreements. Payments otherwise due may be
withheld on account of detective work not remedied. liens tiled. damage by the Contractor to
others not adjusted, or failure to make payments properly to the subcontractors.
J. Contractor's Liability Insurance
Contractor will carry public liability and property damage insurance with carriers satisfactory
to the City, in the following amounts:
$50,000 property damage
500,000 public liability (each person)
$1,000,000 public liability (each occurrence)
with endorsements naming the City as an additional insured and will provide the City with
certificates of insurance prior to start of construction and with 30 days notice prior to
cancellation.
Foster Golf Ludes
Cart Path Asphalt Project
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March 15, 2010
K. Performance Bond
The Contractor shall furnish to the City prior to start of construction a performance bond in an
amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts
less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as
retainage for a period ot30 days after final acceptance or until receipt of all necessary releases
from the Department of Revenue and the Department of Labor and Industries and settlement of
any liens, whichever is later.
L. Liens
The tinal payment shall not be due until the Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials
for which a lien could be tiled, or a bond satisfactory to the City indemnifying the City against
any lien.
M. Separate Contracts
The City has the right to let other contracts in connection with the work and the Contractor
shall properly cooperate with any such other contracts.
N. Attorneys Fees and Costs
In the event of legal action hereunder, the prevailing party shall be entitled to recover its
reasonable attorney tees and costs.
0. Cleaning Up
The Contractor shall keep the premises free from accumulation of waste material and rubbish
and at the completion of the work he shall remove from the premises all rubbish, implements
and surplus materials and leave the building broom clean.
P. Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and
employees, from and against arty and all claims. losses or liability. including attorney's tees,
arising from injury or death to persons or damage to property occasioned by an act, omission or
failure of the Contractor, its officers. agents and employees. in performing the work required by
this Agreement. With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its immunity under
Title 51 of the Revised Code of Washington. the Industrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnity. defend and hold harmless provided for
in this paragraph extends to any claim brought by or on behalf of any employee of the
contractor. this waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City. its agents and employees. To the
extent any of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnity, defend
and hold harmless is valid and enforceable only to the extent of the negligence of the
Contractor, its officers, agents, and employees.
Q. Prevailing Wages
The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall
tile the required "Statement of Intent to l'ay Prevailing Wages" in conformance with RCW
39.12.040.
R. Discrimination Prohibited
The Contractor shall comply with all Equal Employment Opportunity regulations and shall not
discriminate against any employee, applicant for employment. or any person seeking the
services of the Contractor on the basis of race. color, religion. creed. sex. age. national origin.
marital status or the presence of any sensory. mental or physical handicap.
S. Attachments
Exhibit A Quote for cart path installation by Evergreen Asphalt Concrete
Foster Golf L
Cart Path Asphalt Project
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March 15, 2010
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year First
above written.
CITY OF TUKWILA
By:
Si
M
ed Name: 11CtQ ir" Y1
Title: L" Title: ,V4..,J---
Date: '7 2'kL 3i0 X1 Date: 9- /3-/b
ATTEST /AUTHENTICATED:
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
(7'.
BY:
Foster Golf Links
Cart Path Asphalt Project
C 1 e_01A41A
u J
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13y:
Signature
Printed Name: �/►t+wC� t�j /�u�
March 15, 2010
Evergreen Asphalt Concrete. Inc.
P.O. I3ox 1567
Kent, WA 98035-1567
Ph/Fax: 253 -639 -3779
PROPOSAL SUBMITTED TO:
City of Tukwila
Attn. Curt t!handler
13901) interurban Avenue South
Tukwila_ WA 98168
Note: Above prices based on Prevailing wage rates
All work is complete!
I:vcrgreenaer wcimt. ast. net
TERMS
Net 10
The above prices. specifications and conditions are stnistactory and are herb. accepted. You
ate authon/x(1 (o do the work as specified. Payment k due w nhut iU dayti of ontni(unn o f Total
work. 1.5 "u PER 1VR)N TN SORVICT ON A1.1, PAST I)1 1- -1C( t !S, 11 1\
ft IL. I. \'F' i LL( AL ACTION IS TO :OL.LLC'T ANY ,\MO1 1\ DI 11 .1(0
AURI.1. TO PAY ALL '.FOAL. FITS T,XPti\.51:5. (1115 (1f tot A TICts. IS C) \1 'Signature
A1.II) FOR THIR TY 130) DAYS.
Sales Tax (9.5
E -n)aiI Web Site
1 ergrccnasphal t.eont
PROPOSAL
Date Proposal#
10. 5.2009 2%h4
SUBMITTE.. JOB ADDRESS
DE\ Fo,ter
Qty Description Rate Total
Foster Gott' Course Asphalt Repairs to include the 101 lo cing
i Approx 3.000 stilt Asphalt remove and replace per site walkthrough o ith t'urt Chandler: 11.850.00 1 I .11 t 10 1
Locations or repairs are 710 fee, 1 110 Tee. I tit Tee. 7)0 Green. 9th (Jreen. I3th'I ee and 1610 I cc.
Bach site will he graded. prepped and compacted as necessary. Minimum 2" new asphalt will he
installed.
Note: Includes raising grade or path at 7th 1 ee with crushed rock
1 Apprux 2.300 sq!it new asphalt trail nett shop. (Appro\ ti's 220' and turn taut:10i i -110.00 s -11ti on t
Includes installing approv 1" thick of crushed rock and 2" thick layer of new asphalt
()Id asphalt will he saw cut and Sealed to meet new asphalt
1
51 X. f;y'r