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HomeMy WebLinkAbout10-059 - Coby Construction - Emergency Brush Clearing (Green River Levee)The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: Coby Construction Project No. 10901301 Address: P.O. Box 8589 Covington, WA 98042 Budget Item: 000.13.525.600.41.00 Telephone: (253) 631 -2359 Project Name: Tukwila 205 Levee Tree Removal Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works Department, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this J `I day of Thate 2010, by and between the City of Tukwila, hereinafter called the City, and gbv Construction, hereinafter called the Contractor. The Scope of work includes removal of all trees along the Green River Levee portions generally outlined in red on the attached aerial photos mark Exhibit Al and A2. The trees removed shall be temporally stockpiled nearby with property owner permission, until chipping and removal efforts begin after May 31, 2010. All work shall be completed no later than June 11, 2010. 2. TIME OF COMPLETION The work shall be commenced on Mav 15, 2010 and be completed no later than June 11, 2010. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work for a maximum of $160.000.00 plus applicable Washington State sales tax of 9.5 for a total of $175,200.00. The Contractor will be compensated based on Force Account items. This Contract shall include all overtime pay for the duration of this contract. 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 30 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, and its attachments. 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. oe(67.4446S 10 -059 Council App by Res# 1689 1697 B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for 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. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for 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 teiniinate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if 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. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, 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. 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 of 30 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 final 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 filed, 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 fees and costs. O. 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 any and all claims, losses or liability, including attorney's fees, 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 indemnify, 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 indemnify, 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 file the required "Statement of Intent to Pay 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. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA By: Signat, M. tM (fJ4,) Title: AA k'f 6 R Date: 4t{ 110 0/ 0 u Printed Name: ATTEST/AUTHENTICATED: City Clerk APPROVED AS TO FORM: Office of the City Attorney 44 BY: L/(C) fMr By: 4J A :--2) Signature Printed Name: e/,4_/,e. AL. r ,e G 1 Title: d LiDp,i Date: S --JD Cobv Construction Labor and Equinment Rates Schedule 3 Non Routine Tree and Stump Removal Item No. 1 2 3 4 5 6 7 8 9 10 Item No. 11 12 13 UOM Hour Hour Hour Hour Hour Hour Hour Hour Hour Hour UOM Hour Hour Hour Equipment, Equipment, Equipment, Description Labor, Faller Labor, Flagger Labor, Laborer Labor, Climber Labor, Supervisor Equipment, Dump Truck Equipment, Chipper Equipment, Pickup Truck Equipment, Boom Truck Equipment, Stump Grinder Description PC75 Trackhoe Front Loader Tractor 3 Axle dump Trailer Total Unit Price 50.96 60.00 60.00 55.00 40.79 19.85 13.50 5.00 43.75 17.00 365.85 Additional Equipment List any additional equipment that may be needed to complete tree and stump removal services: Unit Price 95.00 35.00 20.00 Exhibit A1 Aerial Photo Exhibit A2 Aerial Photo