HomeMy WebLinkAbout12-106 - Evergreen Asphalt & Concrete - Tukwila Community Center Concrete Replacement12-106(a)
Council Approval N/A
9s City of Tukwila
PROJECT: TCC Concrete Work and Grinding
12424 42nd Avenue South
Tukwila, WA 98168
CONTRACTOR: Evergreen Asphalt Concrete, Inc.
PO Box 1567
Kent, WA 98035
Phone: 253- 639 -3779
FAX: 253- 639 -3779
Change Order: 1.
Project Account 000.15.576.800.48.00
11001500.6741.608.007005
Contract
12 -106
Change Order Date:
09/18/2012
Project Number:
.1,165.65
Contract Date
08/29/2012
Contract Start Date
08/31/2012
Original Contract Substantial Completion Date
10/05/2012
Amended Contract Substantial Completion Date
No Change
Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. the rights of
the "Owner" are not prejudiced; and 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.
The contract is changed as follows: Plus or (Minus)
1. Grinding of approximately an additional 85 linear feet of raised concrete edges in the sidewalks
around TCC. Original quote was for approximately 115 linear feet and additional areas of trip hazards
were found and need to be grinded down for the safety of patrons using the facility.
1,700.00
SUBTOTAL 1,700.00
TAX 161.50
TOTAL11 1,861.50
The original (Contract Sum) not including tax
12,270.00
Tax on original Contract Sum
.1,165.65
Net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
12,270.00
The Contract Sum will be Increased vrDeeFeased in the amount of
I
1,700.00
The Contract Time will be Increased or Decreased by Zero (0) Working Days
The date of Substantial Completion as of the date of this Change Order therefore is October 5, 2012.
The NEW Contract Sum is:
13,970.00
The NEW Contract tax is:
1,327.15
TOTAL CONTRACT with tax is: 15,297.15
We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that
we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work
above specified, and will accept as full payment therefore the prices shown above and below.
ACCEPTED:
CONTRACTOR
Evergreen Asphalt Concrete, Inc.
PO Box 1567
Kent, WA 9803,E
BY:
Title: pr-al rd
DATE: I "r Ig 7-
Attached: Change Order Request from Evergreen Asphalt dated 9/19/12
CC: Rick Still, Parks and Recreation Director
CITY
City of Tukwila
12424 42nd Ave South
Tukwila, 8
BY• 1�
Title:Ci L) Puri) S trx+
DATE: ql_ c�
1 a oY r
`J U
City of Tukwila Contract Number: 12-106
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: Evergreen Asphalt Concrete Project No.
Address: PO Box 1567
Kent, WA 98035
Budget Item: 000.15.576.800.48.00
11001500.6741.608.007005
Telephone: 253- 639 -3779 Project Name: TCC Concrete Work
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Parks and Recreation Department, 12424 42 Avenue South, Tukwila,
Washington 98168. Retain copy three for your records until a fully executed copy is returned to
you.
AGREEMENT
This Agreement, made and entered into this ag 4 day of August 2012, by and between the City of
Tukwila, hereinafter referred to as "City and Evergreen Asphalt Concrete, 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 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 be commenced on September 4, 2012 and be
completed no later than October 5, 2012
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 A attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed $13,435.65
(base quote of $12,270.00 plus tax $1,165.65 equals the not to exceed amount of $13,435.65),
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.
TCC Concrete Work I r J1 <)Y r�(4 ft12/3� August 22, 2012
Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 1
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.
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.
8. 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.
9. SURVEYS. PERMITS AND REGULATIONS. The City shall furnish all surveys unless
otherwise specified. Permits and 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 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 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.
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 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
TCC Concrete Work August 22, 2012
Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 2
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 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.
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 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.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liabilitv 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 owned, non owned, 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 liability coverage.
2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products completed
operations aggregate limit. Commercial General Liability insurance shall be written
on ISO occurrence form CG 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the
Commercial General Liability Insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an 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
TCC Concrete Work August 22, 2012
Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 3
20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. 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 insurance, self- insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part 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 from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction
a performance bond at 100% of the amount of the contract and 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.
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.
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Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 4
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 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 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.
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 RCW 39.12.040.
24. 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.
25. ENTIRE 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 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.
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Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 5
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
Robert Eaton, Project Coordinator,
Parks and Recreation Department, City of Tukwila
1242442 nd Avenue South
Tukwila, Washington 98168
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 TUKWILA
By: By: az=�
g ature Signature
Printed Name: JIM-Pp vtR.Vw Printed Name: C-` 1 1
L—aL-'
Title: W's( Title: P""q P
Date: -Am cu, a D- Date:
ATTEST /AUT
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
BY�(AQ
TCC Concrete Work August 22, 2012
Parks and Recreation Department Evergreen Asphalt Concrete
CA revised 2012 Page 6
Evergreen Asphalt Concrete, Inc.
P.O. Box 1567
Kent, WA 98035 -1567
Ph/Fax: 253- 639 -3779
PROPOSAL SUBMITTED TO:
City of Tukwila
Attn: Robert Eaton
13900 Interurban Avenue South
Tukwila, WA 98168
4 'Vr
PROPOSAL
Date Proposal#
5/31/2012 4056
Ir
TERMS SUBMITTE.
Net 30 DEV
Qty
Tukwila Community Center
Description
1 Approx 732 sq /ft remove and replace concrete next to baseball field.
Approx 420 sq /ft removal
Approx 72 sq /ft remove and replace concrete next to Tennis Court
Install Crushed rock where needed
New concrete to have broom finish
Area needs to be blocked off for 2 weeks
Concrete Grinding, Includes up to l 15' In /ft
ACCEPTANCE OF PROPOSAL
JOB ADDRESS
Rate Total
7,320.00 7,320.00T
1,875.00 1,875.00T
775.00 775.00T
2,300.00
Sales Tax (9.5
2,300.00T
$1,165.65
The above prices, specifications and conditions are satisfactory and are herby accepted. You
are authorized to do the work as specified. Payment is due within 30 days of completion of Total
work. 1.5% PER MONTH SERVICE CHARGE ON ALL PAST DUE ACCOUNTS. IN
THE EVENT LEGAL ACTION IS TAKEN TO COLLECT ANY AMOUNTS DUE, YOU
AGREE TO PAY ALL LEGAL FEES EXPENSES. THIS QUOTATION IS ONLYSignature
VALID FOR THIRTY (30) DAYS.
E -mail:
evergreen. dirk @comcast.net
$13,435.65
Web Site:
Evergreenasphalt.com