HomeMy WebLinkAbout20-097 - CR Construction, LLC - Spoilage DisposalCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form Contract
Contract Number:
20-097
Council Approval N/A
Contractor!
Vendor Name: CR Construction LLC Project No.
Address- 45120 SE North Bend Way_
North Bend, WA 98045 Budget Item: _000.15,57660041 .00_
Telephone: 425-888-0163 Project Name: _Spoilage Disposal_
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Parks Maintenance Department, 6200 Southcenter Boulevard, Tukwila,
Washington 98188. Retain copy three for your records until a fully executed copy is returned to
you,
AGREEMENT
Ocivbep
This Agreement, made and entered into this -2444 day of --Septi4.444aer. 2020 , by and
between the City of Tukwila, hereinafter referred to as "City, and _CR Construction LLC hereinafter
referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
ail Federal. State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall reques
and obtain prior written approval from the City if the scope or scherple is to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced -wA-10/6/2020_ and be completed no later,
than _10/31/2020_.
3. COMPENSATION AND METHOD OF PAYMENT, The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference, The total amount to be paid shall not exceed _618000.00_, except by written
agreement of the parties_
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within
the maximum limits set forth in this Agreement The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the project,
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the
work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
• The contract includes this Agreement, Scope of Work and Payment Exhibit.
CA revised Nlay 2020 Page 1
rhe 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.
A rjr
The Contractor agrees to verify all measurements set forth in the above documents and to report , e"
all differences in measurements before commencing to perform any work hereunder.
;Coil
O. MATERIALS, APPLIANCES AND EMPLOYEES. :
▪ Except as otherwise noted„ the Contractor shall provide and pay for all materials, labor tools'
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.
9, SURVEYS, PERMITS AND REGU TIONS, "The City shall furnish all surveys unless otherwise
specified Permits and licenses necessary for the execution of the work shalt be secure" and paid for
by the 2 ' Easements for permanent structures or permanent changes in existing facilities
""-Siffaillbe 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,
10, 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
any act or neglect,
11. 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„
12. CHANGES IN WORK, The City may order changes in the work, the contract sum being adiusted
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,
13. 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 vvorkrnanship 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
14. OWNER'S, RIGHT TO TERMINATE CONTRACT, Should the Contractor neglect to execute the work
properly, or fad to perform any provision of the contract, the City, atter seven dayswritten 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, arid 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,
15. PAYMENTS. Payments shall be made as provided in the Agreements, Payments otherwise due may
be withheld on account of defective work trot remedied, liens filed, damage by the Contractor to others
not adjusted, or failure to make payments properly to the subcontractors,
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance,
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents„ representatives,
employees or subcontractors. Contractor's maintenance of insurance its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity,
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A„ Minimum Scope of Insurance, Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability, insurance wrth a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) torni CA 00 01 or a substitute form providing equivalent liability coverage,
If necessary, the policy shall be endorsed to provide contractual liability coverage,
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 generalaggregate and $2,0001,000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CO
00 01 and shall cover liability arising from premises, operations, independent contractors.,
products -completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 00
or an equivalent endorsement, There shall be no exclusion for liability arising from explosion,
collapse or underground property damage, The City shall be named as an additional insured
under the Contractors Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage,
3. OilorkersCompensation coverage as required by the Industrial Insurance laws of the State of
Washington,
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance,
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor irrespective
of whether such limits maintained by the Contractor are greater than those required by this.
Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of
liability lower than those maintained by the Contractor„
C. Other Insurance Provision. The Contractor s Automobile Liability and Commercial General
Lability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City Any insurance self-insurance, fir insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it
O Acceptability of insurers. Insurance is to be placed with insurers with a current AM lest rating
of not less than A VII,
E Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work,
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors, The Contractor shall ensure that the Public
Entity is an additional insured on each arid every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
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H. Failure to Maintain Insurance. Failure on the pail of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract.
or at its discretion procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor fiorn the City.
17 O ANCE OND. The Contractor shall furnish to the City prior to start of constsuZAP-ai
perforniidin „Izrd at 100% of the amount of the contract and in a form ac -trrrErdy In lieu
of bond for con' Tt Jess than $25,000, the City ma711Thr,77ot. r's option, hold 5% of the
contract amount as reiTa1 for as at -Tr ays after final acceptance or until receipt of all
necessary relea, eikaftel_Hent of Revenue and the Department of Labor and Industries
JeW47-Fit of any bens, whichever iSlatiat
18. LIENS. The 'final payment shall riot 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„
19. SEPARATE CONTRACTS, The City has the right to execute other contracts in connection with the
work and the Contractor shall properly cooperate with any such other contracts,
20. 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,
21. CLEANING UP, The Contractor shall keep the premises free from acourroulation of waste material
and rubbish and at the completion of the work, shall remove train the premises all rubbish, implements
and surplus materials and leave the premises clean,
22. INDEMNIFICATION, The Contractor shall defend, indemnify and hold the City its officers. officials„
employees and volunteers harmless from any and all claims, injuries. damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to ROW 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, and
volunteers, the Contractor's liability hereunder shall be only to the extent at the Contractor's
negligence, It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties„ The
provisions of this section shall survive the expiration or termination of this Agreement,
23. 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
ROW 3912.040
24. DISC1.*IftiliNATION PROHIBITED. The Consultant, with regard to the work performed by it under this
Agreement will not discriminate on the grounds of race, religion creed, color national origin age,
veteran status, sex, .sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies„
25. ENTU-E AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations„ representations, or agreements written or oral No amendment or modification
of thus Agreement shall be of any force or effect unless it us in writing and signed by the parties.
25. SEVERABLITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof arid all other provisions shall remain fully enforceable The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion
expiration or cancellation of this Agreement, shall survive termination of this Agreement,
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27, NOTICES,. Notices to the City of Tukwila shall be sent to the following address
City Clerk, City of 'Tukwila.
6200 Southcenter Blvd
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below,
28. APPLICAtLE LAW. VENUE', ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically'
understand and ,agree that venue shall be property lard in King County Washington„ The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit,
IN 'WITNESS WHEREOF the parties hereto executed this Agreement the day and yearfirst above written„
CITY 01' 'TUKWILA
By'„
Signature
„„„„„
Printed Name, A' '; „- „war
Date' aoft
APPROVED AS TO EOM
Key: 1 II SCeSSSEISS149,33,31,12f2 d427f,""""""""
B. . . .
Office of the City Attorney.
CA rev Mr :(N).20
By: • ;•
Signature„_.
Printed Name,:
fele:
Date: _
01:1151,4).
Page 5
EXHIBIT A
Debris Haul out at 2 sites.
The first site is behind our public works facility.
Access will be provided during construction by the City
Address is 14000 Interurban Ave 5, Tukwila, WA 98168 attached are a few pictures from that site,
Work scope, remove vegetative debris, golf course spoilage take offs from pond work), and other debris.
Site should be left mostly level.
The pond spoilage can be dumped at the second site to mitigate costs.
S5, 10/7/2020
EXHIBIT A
SS, 10/7/2020
EXHIBIT A
The second site is at 13916 42 Ave 5, Tukwila, WA 98168, site is indicated in pictures.
Remove mounded vegetative debris, concrete debris can be staged on site in location defined by the
city. Dirt and other spreadable material does not need to be hauled off and can be spread throughout
the site.
55,10/7/2020
EXHIBIT A
55,10/7/2020
EXHIBIT A
55, 10/7/2020
[Total Bid
10,542.50 J
CONSTRUCTION
331t7 Si, room 5slee7
North Rend, WA 98045
wWW. (rron%trvctionflc rain
Cont:rcv Mike Olson
molson@crconatrucilonllc corn
Orrice 425-88a-0590
Fax . 42518H-0153
Project Name:
Project Location:
Contact:
Contact Phone & Email-
Plan Date jCivils):
Bid Date:
City of Tukwila Dirt I Brush Removal
COT - Public Works Star Nursey
Mathew Austin
206-445-2245 Matthew -Avstin'tukwilawa goy
NO Plans for this project
91312020
MobikZation
Mobdrzation - 2 Sites
Site Work - On and Off Site
Total Mobilization
Export Brush / Soils
Qty Unit Unit Price Sub -Total
I 1 LS 5 2.754 0O 15 2 750.00
— — $ 2,750.00
Q
Unit
Unit Pnce
Sub -Ta rat
Load Brush
40
TCY
S 20 81
S 832 50
Export Brush horn Site
4
LOADS
$ 955 00
S 3.820 00
Load Stnpprngs
40
TCY
S 20.St
$ 832.5Q
Export Shipping's from SU'
4
LOADS
5 785 00
S 3 140 00J
Total Demolition
S
7.792.50
aid Notes and Elf clusions:
I Sales Tax not rncludeQ. Resale Certificate to be provided or applicable Sales far added
2 Ail Permrls. Fees. Engmeenng Utility Usage. Surveying and Staking are excluded horn the bid
3 No T E S C In this proposal
4 Hourly dust control, street sweeping. hydrant meters and associated water are excluded. subject 10 riLM charge
5 All dewalerrng. rf required wnil result In additional charges based on adoaional T8M chargetsl
6 Locates will be caned in arid in accordance to 1-800 dog taws CR not responsible for un -located utilities and/or damage caused to
utilities which are not located within Public or Private property
7 Removal of any existing garbage. rocks/bouldersasphalt. concrete and/or dumped materials are excluded from bid
8 Removal of contaminated sails subject to additional T&M Charges
9 Export is assumed for 80 TCY
10 Ail t3onding is excluded Ally form of cash deposit or assignment of banking Iunds for improvements is excluded from bid
W8E a w2F0022933
PROJECT NAME Bid - 9/3/2020 OBE C 02P-0022933
SS, 10/7/2020
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CR Construction LLC