HomeMy WebLinkAbout10-084 - Gilliam Construction Inc - Abatement at 4430 South 160th StreetTO
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CHANGE:
ORIGINAL. City Clerk (1 of 2)
Contractor (2 of 2)
p \forms\
CITY OF TUKWILA
DATE 09/01/2010
PROJECT NO 10-084(a)
PROJECT NAME. RFA05 -039/ SAVAGE
You are hereby directed to make the herein described changes to the plans and specifications or do the
following described work not included in the plans and specifications on this contract.
NOTE This change order is not effective until approved by the "Owner" and a notice to proceed is issued.
Conditions: A. The following change, and work affected thereby, are subject to all contract
stipulations and covenants;
B. The rights of the "Owner" are not prejudiced,
C. All claims against the "Owner" which are incidental to or as a consequence of
this change are waived; and
D. The Contractor must submit all Field Overhead and Home Office Overhead Rates
for approval in advance of all change orders
Due to the quantity of refuse found on the property at 4430 S. 160 Street, revise the amount of contract
with Gilliam Construction, Inc a maximum of $15,000 00 including sales tax, to $25,000 00 including sales
tax.
ACCEPTED Date 6 7' 2.40
By (h PLs 6 th
Original Contract (without tax) 13,698 63
Previous Change Order 0
This Change Order (without tax) 9,132 42
REV. CONTRACT AMOUNT 22 831.05
Additional Calendar Days due to this change' 0
CONTRACT CHANGE ORDER NO.
BUDGET NO 000 08 559.600 49 02
CONTRACT NO.:
Contractor j C
Title Y N
l
APPROVED BY THE CITY OF TUKWILA
Date q 7
9 41ayor
cc Finance Department (w /encumbrance)
Construction Inspector
Construction Engineer
file
Sheet 1 of 1
10- 084(a)
Council Approval N/A
Contractor/ Chris Gilliam
Vendor Name: Gilliam Construction Inc.
Address 8520 SR 302
Gig Harbor, WA 98329
Telephone: 253- 238 -6208
The City and the Contractor hereby agree as follows:
CITY OF TUKWILA
Short Form Contract
AGREEMENT
Project No
Budget Item:
Project Name:
10 -084
Council Approval N/A
000.08.559.600.49.02
RFA05 -039 SAVAGE
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, DCD Code Enforcement Department, 6300 Southcenter Boulevard, Tukwila,
Washington 98188.
Retain copy three for your records until a fully executed copy is returned to you.
This Agreement, made and entered into this day of w S 1— 20 1(0 by
and between the City of Tukwila, hereinafter called the City, and G Construction Inc., hereinafter
called the Contractor.
1. SCOPE OF WORK
The abatement of the property located at 4430 S. 160 Street, Tukwila, Washington.
1. Removal of items from the property will be at the direction of the Code Enforcement Officer.
2 The Contractor shall provide to the City of Tukwila trip tickets from the transfer station,
approved recycle center or hazard waste center showing net weight of material disposed.
Items having Freon gas shall have gas removed by a firm approved for the recycling of
appliances.
2. TIME OF COMPLETION
The work shall be commenced August 16, 2010 and be completed no later than September 30, 2010
3. CONTRACT SUM
The City shall pay the Contractor for the following:
1. Removal of trash
2. Removal of items having Freon gas
3. Removal of hazard waste.
4. Removal of tires and tires with wheels
Washington State sales tax 9.50
The dollar amount of this contract shall not exceed $15,000 00 including sales tax.
4 PAYMENTS
The City shall make payments on account of the contract at completion of project. R E C F V E D
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Units
Tons
Each
Tons
Each
Unit Price
$346.00
85.00
695 00
55 00
AUG 0 4 2010
COMMUNITY
DEVELOPMENT
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.
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
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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 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
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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 aay auu yuat Jt.
above written.
CITY OF TUKWILA
City Clerk
BY:
By: �..J
Signature
Printed Name: P Le,,,, -c_w --cr- Printed Name: G. I 4k/1
Title: C I\cL.,,;r,•shams- Title: i “t e
Date:
2 2D 1 C Date: S 1 4— f
ATTEST /AUTHENTICATED:
J
APPROVED AS TO FORM:
Office of the City Attorney
By:
Signatu