HomeMy WebLinkAbout21-040 - CR Construction - South 116th Street Property DemolitionCity of
Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form, Contrnct
Contractor/
Vendor Name: CR Construction
Contract Number, 21-040
Council Approval 3/1/21
Address: 45127 SE 140th St.
Telephone 425-888-0590
Project No.
Budget Item:
Project Name:
P!ease initia! all attachments, then sign and return copies one and two f o:
City of Tukwlla, 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 16 day of February 2021__,
by and between the City of Tukwila, hereinafter referred to as "City", and CR
Construction , hereinafter referred t.o as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CThe 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 compy with
all 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 request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. TIME OF COMPLETION. The work shall becommenced on3/1/2Q21 and be cornpleted no
later than 5/1/2021.
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 arnount to be paid shaI not exceed $6O,0OO,except byvvriftem
agreement ofthe 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.
G. ACCEPTANCE AND FINAL PAYMENT. Finalpayment shall bedue 10days after completion ofthe
work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
• The contract includes this Agreennent. Scope of Work and Payment Exhibit.
CA revised May 2020
1/1
Page 1
' The intent of these documents ia 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 cafled for by ali
'
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.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
• Except as otherwise noted, the Contractor shall provide and pay for all materials, |abor, tooUa,
water, power and other items necessary to comptete the work.
'
Unless otherwise spenified, 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. SURVEY8, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise_,
specified. .11',r FRits-a-Re- licenses necessary for the execution 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,
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 ofthe work by the City
and its agents and public authorities at alt times.
12. CHANGES IN WORK. The City may order changes in the vvork, 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 wrtng betore executing the work invotved.
13. CORRECTION OF WORK. The Contractor shatl re -execute any work that fails to conform to the
requirements of the contract and that appears during the progress of the work, and shati remedy any
defects due to faulty materials or workmanship which appear within a period of one year from date of
completion ofthe contract and final acceptance ofthe work by the City unless the manufacturer ofthe
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 dftect emptoyees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work
proper|y, or fail to perform any provision of the contract, the City, after seven days' written notice to
the contractor, and his sunaty, 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 optimn, may terminate the contract and take possession of all materials,
tooUs, 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 shal 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 not remedied, liens filed, damage by the Contractor to others
not adjusted, or failure to make payments property 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 Controo1or, their agents, representatives,,
empoyees 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 imsunamce, or otherwise limit the City's recourse to any remedy available at Kam/ or in equity.
CA revised May 2020
Page 2
A. Minimum Scope of Insurance. Contractor shall obtain insurance ofthe types and with the Iimits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
nvvned, non-ovvnmd, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual Ilability coverage.
2. Commercial General Liability 'Insurance with limits no less than $2,000,800 each occurrence,
$2'OOO,000general aggregate and $2,000000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as Ieast at broad as ISO occurrence form CG
00 01 and shall cover liability arising from pnenn|aeo, operations, independent contractors,
products -completed operations, stop gap liability, personal injury and adverboing injury, and
Iiability assumed under an instjred contract. The Commercial Genera! Uability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for Iiability arising from exposion,
coilapse or underground property damage. The City shall be named as an additiona insured
under the Contractor's 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 east as broad coverage.
3. Workers' Conirensation coverage as required by the Industria Insurance laws ofthe State of
Washington.
B. Public Entity FuU 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 turnished 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
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any imauranoe, sehf-imsurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of kisurers. Insurance is to be placed with insurers with a current A.M. Best 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 endnnaemerda, 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 shaU ensure that the Pubhc
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as KS[) CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Caricellation. The Coritractor shall provide the City and aU Additiona lnsureds for this
work with written notice of any policancellation, within two business days of their receipt of such
notice.
CA revised May 2020
Page 3
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall consttute a matera breach of contract, upon which the City may, after giving five
business -days notice to the Contractor to correct the breanh, immediately terminate the contract
or, at its dscretion, procure or renew such insurance and pay ariy 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 from the City.
17. PERFORMANCE BOND.
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 Departrnent of Revenue and the Department of Labor and Industries
and settlement of any Iiens, whichever is later.
18. 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.
19. SEPARATE CONTRACTS. The Chas 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. Untbe event of legal action hereunder, the prevailing party shafl
be entiUed to recover its reasonabe attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from 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, mfficials,
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 RCVV4.24.115, then, in the event of iabiIity
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 of 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 RCVV, solely for
the purposes of this indemnification. This waiver has been mutuaUy negotiated by the parties. The
provisions of this section shaI 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 VVages" in conformance with
RCVV38.12.O4O.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, oreed, color, national origim, age,
veteran atatus, sex, sexual Vrientation, 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. ENTIRE AGREEMENT. MODIFICATION. This Aunaernent, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotie1iona, rep/esentations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
26. SEVERABILITY 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 and 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.
CA revised Mavumm Page4
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. APPLICABLE 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 properly laid 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 year first above written.
CITY OF TUKWLA
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By:
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Signature
Printed Name: Allan Ekberg, Mayor
Date: 03/09/2021
ATTEST/AUTHENTiCATED:
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City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
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Office of the City Attorney
CA revised May 2020
By:
Signatur
Printed Name:
Title:
Date:
Page 5
EXHIBITS A & B
CONSTRUCTION
45127 SE140t11Street
North Bend, WA 98545
,Anst ctionflc.c
Contact: Mike Olson
molson@crconstructionlIc.com
Office: 425-888-0590
Fax: 425-888-0163
OMWBE ffW2F00229 3 DBE #D2F0022933
Project Name:
Project Location:
Contact:
Contact Phone & Email:
Plan Date (Civils):
Bid Date:
Mobilization
Mobilization
S 116th Property Demo
3540 S 116th ST, Tukwila, WA 98168
Matthew Austin
206-445-2245
No Plans -
2/2/2021
Demo - 3540 S 116th ST.
Qty
Unit
Matthew.AustinPtukvvdawagov
Unit Price Sub -Total
1
LS
4,000 00 [s
4000.00
Total Mobilization
Demolition
4,000.00
Demo House
1
LS
$ 2,320.00
$ 2,320.00
Export Demo Debris - 50CY
2
LOADS
$ 1,950.00
$ 3,900.00
Demo Concrete
1
LS
$ 2,320.00
$ 2,320.00
Export Concrete
1
LOADS
$ 785.00
785.00
Cap Sewer
1EA
3 950.00
950.00,
ota! Demolition
TESC - On -Site
10,275.00
'Filter Fence
100
LF
5.95
595.00
C/B Protection
EA
125.00
125.00
Straw Baies - Import / Place
20
EA
45.00
$ 900.00
ota - n -Site
Total Bid
S 116th Demo Bid 2/2/2021
1,620.00
M5,895.00
WBE # W2F0022933 Page 1 of 3
OBE # D2F0022933 CR Construction LLC
Demo - 3550 S 116th ST.
Mobilization
Qty
Mobilization SpVit Between Houses - One MOB
Total Mobilization
Demolition
Unit Unit Price Sub -Total
LS L 400000 I $ 4,000 00
$ 4,000.00
Int P,4,a
Demo House
,
1
LS
- — • ---
$ 3,860.00
---
$ 3,86000
Export Demo Debris - 50CY
4
EA
$ 1,950.00
$ 7,800,00
Demo Concrete
1
LS
$ 232000
$ 2,320.00
Export Concrete
3
LOADS
$ 785.00
$ 2,35500
li_nport / Place Fitl in Foundation
330
TON
$ 35.00
$ 11,550.00
Cap Sewer
1
EA
$ 950.00
$ 950.00
otal Demolition
TESC - On -Site
28,835.00
Filter Fence
100
...„.
LF
_.._...__
5.95
-.
595.00
hC/B Protection
EA
5
125.00
$
125.00
Straw Bales -
Imp
/ Place
30
EA
5
45 00
$
1,350.00
Total TESC - On -Site
2,070,00
Base Bid Summa
Sub -Total - 3540 S 116th ST.
Sub -Total - 3550 S 116th ST.
15,895.00
34,905.00
Total Bid
S 116th Demo Bid 2/2/2021
$ 50,800.00
WBE # W2F0022933 Page 2 of 3
DBE 11 02F0022933 CR Construction LLC
Bid Notes and Exclusions:
1 Sales Tax not included, Resale Certificate to be provided or applicable Sales Tax added
2 All Permits, Fees, Engineering, Utility Usage, Surveying and Staking are excluded from the bid.
3 Temporary fencing not included.
4 Asbestos survey and abatement excluded.
5 All underground tanks and drain fields, if present, are excluded frorn bid.
6 Any required Well Decommissioning, well work and/or connections to/from shall be completed by others and is excluded from Bid.
All TESC quantities are bid per Bid. TESC quantities exceeding bid will result in additional T&M charges. AVI TESC Measures listed on
7
plan which are not quantified will be biked on T&M basis.
8 Hourly dust control, street sweeping, hydrant meters and associated water are excluded, subject to T&M charge
9 Baker Tanks, Pump Treatment tanks and all associated maintenance, Of required, are subject to additional T&M charge(s).
10 All dewatering, if required, will result in additional charges based on additional T&M charge(s).
11 Locates will be called in and in accordance to 1-800 dig laws. CR not responsible for un -located utilities and/or damage caused to
utilities which are not located within Public or Private property.
12 Removal of any existing garbage, rocks/boulders, asphalt, concrete and/or dumped materials are excluded from bid.
13 Removal of contaminated soils subject to additional T&M Charges
Traffic control, if listed, includes signs & flagging and is for CR Construction work only. Traffic Control Supervisor, if required, will be
14 billed T&M as needed. Traffic control plan(s), reader/arrow boards and flagging for other scopes/trades excluded. If CR signage is
required or left on site for others, subject to applicable rental rates.
15 Temporary power installation and power usage excluded
16 All utility use charges are excluded (water, storm, sewer, gas, power, etc.)
17 All Bonding is excluded. Any form of cash deposit or assignment of banking funds for improvements is excluded from bid,
18 Landscaping Topsoil's excluded
WBE # W2F0022933 Page 3 of 3
115th Demo Bid 2/2/2021 DBE It D2F0022933 CR Construction LLC