RESOLUTION NO and lowest quote was received by Sierra Santa Fe Corp in the amount of $135,454.11; and

Transcription

1 RESOLUTON NO 2656 A RESOLUTON OF THE CTY COUNCL OF THE CTY OF BONNEY LAKE PERCE COUNTY WASHNGTON AUTHORZNG A LMTED PUBLC WORKS CONTRACT WTH SERRA SANT A FE CORP FOR THE 2018 CHP SEAL APPLCATON WHEREAS the Cty of Bonney Lake solcted an nvtatons to Quote for the 2018 Chp Seal Applcaton on Aprl ; and WHEREAS the Cty has receved 3 Quotes for the 2018 Chp Seal Applcaton and lowest quote was receved by Serra Santa Fe Corp n the amount of $ ; and budget; and WHEREAS the Cty Councl adopted ths annual project n the Street Captal WHEREAS the Cty Councl fnds that t s n the publc nterest that ths project be carred out at ths tme; NOW THEREFORE BE T RESOLVED; that the Cty Councl of the Cty of Bonney Lake Washngton does hereby authorze the Mayor to sgn the attached agreement to award ths contract to Serra Santa Fe Corp n the amount of $ BE T FURTHER RESOLVED; that the Cty of Bonney Lake Councl does hereby authorze 5% Constructon Contngency n the amount of $ AUTHENTCATED: APPROVED AS TO FORM: 11

2 BONNEY alee Exhbt A Cty of Bonney Lake Small Publc Works Project Prevalng Wages are requred to be pad nvtaton to Quote Date: Aprl The Cty of Bonney Lake s acceptng Quotes for a Small Publc Works Project As a contractor on our Small Works Roster you are nvted to submt a quote on ths project Project Ttle: 2018 Chp Seal Scope of Work: Apply a standard chp seal to approxmately square yards of paved surface streets Apply a fog seal to approxmately square yards of paved surface arteral & collector streets Chp Seal applcaton must conform to DOT specfcatons (Attachment A pgs 5 & 6) Traffc control wll be provded by the contractor Contractor wll notfy the Cty 30 days n advance of startng work Chp seal wll be appled to the followng approxmate square yards (see attached Street mprovements 2018) Cty crews wll prepare all surfaces pror to the chp seal applcaton Please see enclosed: nvtaton to Quote Exhbt A Quote SheetExhbt B 2018 Chp Seal Quanttes Chp Seal Specfcatons Standard Questonnare Bdders Checklst Certfcate of Complance wth Wage Payment Statues Contractor Agreement Performance and Guaranty Bond Labor and Materal Bond Certfcate of nsurance Certfcate as to Corporate Prncpal Certfcate at to Corporate Seal Contractors Declaraton of Opton for Management of Statutory Retaned Percentage and 2018 Chp Seal Map Prevalng Wage: Contractor shall pay all laborers workers or mechancs performng work Prevalng Wages as requred by Ch39 12 RCW and shall satsfy all other requrements of that chapter ncludng wthout lmtaton requrng that all subcontractors performng work related to the project comply wth the requrements of that chapter The hourly mnmum rate of wage whch may be pad to labors workers or mechancs for work related to ths project wth the Effectve Date of Aprl wagov/lnlwagelookup/prv Wagelookup aspx Cty of Bonney Lake (253) Fax (253) Mal to: PO Box 7380 Bonney Lake WA 98391

3 Date Proposals are requested: Frday Aprl by 12:00 pm f you are nterested n submttng a quote on ths project please return Quote Sheet and SGNED Lmted Publc Works Contract to Trss Weber at Bonney Lake BLVD (Publc Works Center) Bonney Lake WA f you have any questons please contact Steve Wlladson at (253) Cty of Bonney Lake (253) Fax (253) Mal to: PO Box 7380 Bonney Lake WA 98391

4 Exhbt B BONNEY a/w Company Name: Serra Santa Ee Corp Address: po sax 10ss &Qgefeld WA Phone N umber: 3so a Fax Number: _ 3 s o Contact Name:Drut a a Cty of Bonney Lake Small Publc Works Project Quote Sheet z2222 _ az_4=4 d Z m 2 2 r_ m e tv Ploject Ttle: 2018 Chp Seal Applcaton Havng carefully examned all documents enclosed heren the Contractor proposes to perform all work n strct complance wth all documents for the amount set forth below Schedule: Work shall be completed wthn _QQ_ calendar workng days after the ndcated startng date appearng n an offcal Notce Lo Proceed ssued by Bonney Lake Lqudated damages shall be mposed as specfed n the contract documents for each day Contractor fals to meet the completon date tem Descrpton Qty (Approx) Unt Unt Prce Extended Prce 1 Moblzaton Lump Sum $ $ Chp Seal Applcaton (Standard) Square Yards $ 222 $ S>!=l? 920? 3 Fog Seal Applcaton Square Yards $ S>Q138 $ $?!< Total Bd $ $ $ $ Cty of Bonney Lake (253) Fax (253) Mal to: PO Box 7380 Bonney Lake WA 98391

5 Exhbt c 2018 Chp Seal Quanttes S«ron Ch[! Seal 2018 Scope of Work Scquem:ell STREET Wdth ll:11j!lh S11 Yards Comme111s: Collectors TH STE from 200th Ave Ct :: TH STE TH STE th ST to 192m1 Ave E SKY SLAND DRVE From The ntersecton of 97th St E SKY SLAND DRVE Lo The ntercton of Rhodes Lake Road Local Access 470 VAN DYKE ST from Angelne Road to the ntersecton of l85th St E 421 BROOKSDE DRVE E From 20fkh Ave Ct E 421l BROOKSDE DRVE E to 04th St E Total Chp Seal: Total Sq/yds C/L Mles 25 FOG Seal Scope of Work STREET Wdth Length Yards Commen11> : Collectors 415 l04th STE From 200th Ave Ct E 415l 104TH STE TH STE thSTE to l92nd Ave E SKY fsland DR[VE from he ntersecton of 97th Sl E SKY SLAND DRVE fo The ntersecton of Rhodes Lak Road L«al Aceess 470 VAN DYKE ST from Angclnt: Rood to the nterst:clon of l 85th S( E 421 BROOKSDE DR/VF E From 200th Ave Ct E 4211 BROOKSDE DRVE F to loth St [ Total Fog Seal: Total Sq/yds C/L Mles 25

6 2018 Chp Seal Quote Lne tems Serra Santa Fe Doolttle Constructon Grante Constructon Company No Unts Descrpton Otv Unt Prce Total Unt Prce Total Unt Prce Total 1 J Moblztoo 1 Lump Sum $ $ $ $ Chp Seal Aoolcatoo Standard 4L856 SaYds 222 $ $ $ 300 $ Fo2 Seal Applcaton SaYds 068 s $ $ 047 $ Total tems fllems 1 3): Ho H_ ooooooooo u $ $ s Total Quote: $ $ s

7 CTY OF BONNEY LAKE LMTED PUBLC WORKS CONTRACT THS LMTED PUBLC WORKS CONTRACT (ths Contract) s made ths gth day of May 20ll by and between the CTY OF BONNEY LAKE a muncpal corporaton (Cty) and Sena Santa Fe Corp a Washngton corporaton (Contractor) (ndvdually a Party and collectvely the Partes) follows: n consderaton of the terms and condtons set forth n ths Contract the Partes agree as 1 Contractor Servces The Contractor shall furnsh at ts own cost and expense all labor tools materals and equpment requred to construct and complete n a good workmanlke manner and to the satsfacton of the Cty the publc works project known as 2018 Chp Seal (Project) The Project s detaled n the Scope of Work Exhbt A and the followng documents whch are attached hereto and ncorporated heren by reference unless waved by the Cty n accordance wth Project needs and State law: Scope of Work (Exhbt A) Quote Sheet (Exhbt B) WSDOT Standard Specfcatons Certfcate of Complance wth Wage Payment Statutes Declaraton of Retanage (f applcable) Payment and Performance Bonds Labor and Payment Bonds Schedule of Prevalng Wages 2 Notce to Proceed; Tme of Completon The Contractor shall commence work wthn seven (7) days after the Cty ssues a wrtten Notce to Proceed and shall complete the work wthn 60 calendar workng days from the Ctys ssuance of the Notce to Proceed The tme of begnnng rate of progress and tme of completon are essental condtons of ths Contract 3 Payment 31 Payment amount and procedures The Cty shall pay the Contractor for all work and servces covered by ths Contract n an amount that shall not exceed One hundred thrty fve thousand four hundred ffty four and Dollars ($ l l ) ncludng applcable sales tax The payment amount shall exclude approved change orders n accordance wth the quantty and unt prces shown on the attached bd proposal The Contractor shall submt monthly nvoces for work and servces performed n a prevous calendar month n a format acceptable to the Cty The Cty shall pay for the porton of the work descrbed n the nvoce that has been completed by Contractor and approved by the Cty The Ctys payment shall not consttute a waver of the Ctys rght to fnal nspecton and acceptance of the work 1

8 32 Defectve or Unauthorzed Work f dur ng the course of the Contra c t the work rendered does not meet the requrements set forth n the Contract the Contractor shall corre c t or m od fy the requred work to comply wth the requrements of the Contract The Cty shall have the rght to wthhold payment for such work un tl t meets the requrements of the Contract f the Con tract or s unab le for any reason to sats factorly compl e te any p orton of the work the Cty may compl ete the work by contract or otherwse and the Contractor shall be l ab l e to the Cty for any addtona l costs ncurred by the Cty Addtonal costs means all reasonable c osts ncun ed by the Cty nc lu d n g lega l costs and a ttorney s fees beyond the maxmum contract prce under th s Contract The Cty further reserv es the rght to deduct the cost to c ompl ete the work ncludn g any addtonal costs from any amounts due or to become due to the Contractor 33 Fnal P ayment ; Waver of Clam Thrty (30) days after completon and fnal acceptance of the Proj e ct by the Cty as comply n g wth the terms of ths Contract the Cty shall pay to the Contra ctor all sums due as provded by ths Contract except those requred to be wthheld by law or agreed to n specal contract provsons THE CONTRACTORS A CCEPTANCE OF FNAL PAYMENT (EXCLUDNG WTHHELD RETANAGE) SHALL CONSTTUTE A WANER OF C L AMS EXCEPT THOSE PREVOUSLY AND PROPERLY MADE AND DENTFED BY THE CONTRACTOR AS UNSETTLED AT THE TME REQUEST FOR FNAL PAYMENT S MADE 34 Retanage Where retanage s requred the Cty shall hold back a retana ge n the amount of fve percent (5%) of any and all payments made to the Contractor for a per od of sxty (60) days a fter the date of fnal acceptance or untl recept ofall necessary rel eases from the Stat e Department of Rev en ue and the State Department of Labor and ndustres and untl settlement of any lens fled under Ch a pt er 6028 RCW whchever s later 4 Prcvnlnl! Wage The Contractor shall comp ly wth and pay prevalng wages as requred by Chapter 3912 RCW as t may be am ended n the future No worker laborer or mechanc employe d n the performance of any p a rt of ths Contract shall be pad less than the prevalng rate of wag e as determned by the ndustr al Statstcan of the De partm ent of La bor and n du str es for the State of W as h n gton Pror to makng any paymen t under ths Contract the Contractor must submt to the Cty an approved copy of the S tatemen t oflntent to Pay Prevalng W a g es from the Department of Lab or and ndustres t s the Contractors responsblty to obtan an d fle the Statement The Contractor shall be responsble for all flng fees Notce from Contractor and all subcontractors of ntent t o pay prevalng wages and p revaln g wage rates for th e Project must be pos te d for the beneft of the workers Each nvoce shall nc l u de a sgned statement that prevalng wages have been pad by the Con trac tor and all subcontractors Followng the fnal acceptance of servces ren dered Contractor shall submt a Certfcate ofcomplance w th Wage P aym ent Statutues for themselves and any subcontractors n case an y dsp ute arses as to what are the prevalng rate s of wages for work ofa smlar nature and s uch dspute cannot be a dj usted by the partes of nterest n cl udng labor and management representatves the matter shall be referred for arbtrat on to the Drector of the D epartment of Labor and ndustres of th e State and hs/her d ecs on theren shall be fnal and con clusve and bndng on all partes nvo lved n the dspute as prov ded for by as t may be ame nded n t he tuture 2 RC W

9 5 ndemnfcaton and Hold Harmless The Contractor shall protect de fend ndemnfy and hold harmless the Cty ts offcers offcals employees agents and volunteers from any and all clams rsks njures damages losses suts judgments and attorneys fees or other expenses of any knd arsng out of or n any way connected wth the performance of ths Contract except for njures and damages caused by the sole neglgence of the Cty The Ctys nspecton or acceptance of any of the work shall not be grounds to avod any of these covenants of ndemnfcaton Should a court of competent jursdcton determne that ths Contract s subject to RCW then n the event of lablty for damages arsng out of bodly njury to persons or damages to property caused by or resultng from the concurrent neglgence of the Contractor and the Cty ts offcers offcals employees agents and volunteers the Contractors lablty under ths secton shall be only to the extent of the Contractors neglgence t s further specfcally and expressly understood that the ndemnfcaton provded under ths secton consttutes the Contractors waver of nununty under ndustral nsurance Ttle 51 RCW solely for the purposes of ths ndemnfcaton Ths waver has been mutually negotated by the partes The provsons of ths secton shall survve the expraton or termnaton of ths Contra<:t 6 Complance wth Laws The Contractor shall comply wth all federal state and local laws and regulatons applcable to the work done under ths Contract Any volaton of the provsons of these applcable laws and regulatons shall be consdered a volaton of a materal provson of ths Contract and shall be grounds for cancellaton termnaton or suspenson of the Contract by the Cty n whole or n part and may result n nelgblty for further work for the Cty 7 Job Mety 71 Work Ste Safety Contractor shall take all necessary precauton for the safety of employees on the work ste and shall comply wth all applcable provsons of federal state and local regulatons ordnances and codes Contractor shall erect and properly mantan at all tmes as requred by the condtons and progress of the work all necessary safeguards for the protecton of workers and the publc and shall post danger sgns warnng aganst known and unusual hazards 72 Trench Safety All trenches shall be provded wth adequate safety systems as requred by Chapter 4917 RCW and WAC and 655 Contractor s responsble for provdng the competent person and regstered professonal engneer requred by WAC and Utlty Lotaton Contractor s solely responsble for locatng any underground utltes affected by the work and s deemed to be an excavator for the purposes of Chapter RCW as amended Contractor shall be responsble for complance wth Chapter RCW ncludng utlzaton of the one call locator system before commencng any excavaton actvtes 9 Warranty and Guarante Contractor shall warrant and guarantee the materals and work to be free of defects for a perod of two (2) years after the Ctys fnal acceptance of the entre Project Contractor shall be lable for any costs losses expenses or damages ncludng 3

10 consequental damages suffered by the Cty resultng from defects n the Contractors work ncludng but not lmted to cost of materals and labor expended by the Cty n makng emergency repars and cost of engneerng nspecton and supervson by the Cty The Contractor shall hold the Cty harmless from any and all clams whch may be made aganst the Cty as a result of any defectve work and the Contractor shall defend any clams at ts own expense Where materals or procedures are not specfed n the Contract the Cty wll rely on the professonal judgment of the Contractor to make the approprate selectons 10 CorJccton of Defects Contractor shall be responsble for correctng all defects n workmanshp and/or materals dscovered after the acceptance of ths work When correctons of defects are made Contractor shall be responsble for correctng all defects n workmanshp and/or materals n the corrected work for one year after the acceptance of the correctons of the Cty The Contractor shall start work to remedy such defects wthn seven (7) days of the Ctys maled notce of dscovery and shall complete such work wthn a reasonable tme agreed to by both partes n emergences where damage may result from delay or where loss of servce may result such correctons may be made by the Cty n whch case the Contractor shall pay all costs ncurred by the Cty to perform the correcton n the event the Contractor does not accomplsh correctons wthn the tme specfed the correcton work wll be otherwse accomplshed by the Cty and all costs of same shall be pad by the Contractor t t Change Order/Contract Modfcaton 1 tl Amendments Ths Contract together wth attachments and/or other addenda represents the entre and ntegrated Contract between the partes hereto and supersedes all pror negotatons representatons or agreements ether wrtten or oral Ths Contract may be amended modfed or added to only by wrtten change order prope rly sgned by both partes 112 Change orders The Cty may ssue a wrtten change order for any change n the work durng the performance of ths Contract f the Contractor detennnes for any reason that a change order s necessary the Contractor must submt a \Nrtten change order request to the Cty wthn fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events gvng rse to the requested change f the Cty determnes that the change ncreases or decreases the Contractors costs or tme for perfonnance the Cty wll make an equtable adjustment The Cty wll attempt n good fath to reach agreement wth the Contractor on all equtable adjustments f the partes are unable to agree the Cty wll determne the equtable adjustment as t deems appropr ate The Contractor shall proceed wth the change order work upon recevng the wrtten change order f the Contractor fals to requre a change order wthn the tme frame allowed the Contractor waves ts rght to make any clam or submt subsequent change order requests for that porton of the work f the Contractor dsagrees wth the equtable adjustment the Contractor must complete the change order work; however the Contractor may elect to protest the adjustment as provded below l l3 Procedure and Protest by Contractor f the Contractor dsagrees wth anythng requred by a change order another wrtten order or an oral order from the Cty ncludng any drecton nstructon nterpretaton or determnaton by the Cty the Contractor shall wthn fourteen (14) calendar days provde a sgned wrtten notce of protest to the Cty that states the date of the notce of the protest the nature and crcumstances that caused the protest the provsons of the Contract that support the protest the estmated dollar cost f any of the protested work and 4

11 how the estmate was determned and an analyss of the progress schedule showng the schedule change or dsrupton f applcable The Contractor shall keep complete records of extra costs and tme ncurred as a result of the protested work The Cty shall have access to any of the Contractors records needed to evaluate the protest f the Cty detennnes that a protest s val d the Cty wll adju st the payment for work or tme by an eq utable adjustment 114 Falure to Protest or FolJow Procedures Consttutes Waver By not protestng or falng to follow procedures as ths secton prov des the Contractor wave s any addtonal enttlement or clams for protested work and accepts from the Cty any wrtten or oral order (ncludng drectons nstructons nterpretatons and determnatons) 115 Contractors Duty to Complete Protested Work n spte of any protest the Contractor shall proceed to promptly compl ete work that the Cty has orde red 116 Contractors Acceptance of Changes The Contractor accepts all requrements of a change order by: (1) endorsng the change order; (2) wrtng a separate acceptance; or (3) not protestng n the manner ths secton provdes A change order that s accepted by the Contractor as provded heren shall constt ute full payment and fnal settlement of all clams for contract tme and for drect ndrect and consequental costs ncludng costs of delays related to any work ether covered or affected by the change 12 Clams The Contractor shall gve wrtten notce to the Cty of all clams other than change orders wthn thrty (30) days of the occurrence of events gvng rse to the clam but n no event later than the tme of approval by the Cty for fnal payment Any clam for damages addtonal payment for any re ason or extenson of tme shall be conclusvely deemed to have been waved by Contractor unless a tmely wrtten clam s made n strct accordance wth the applcable provsons of ths Contract nformaton req ured n Secton 113 regardng protests At a mnmum a Contractors wrtten clam must nclude the FALURE TO PROVDE A COMPLETE WRTTEN NOTFCATON OF CLAM N THE TME ALLOWED SHALL BE AN ABSOLUTE W AYER OF ANY CLAMS ARSNG N ANY WAY FROM THE FACTS OR EVENTS SURROUNDNG THAT CLAM The Contractor must n any event fle any clam or brng any sut arsng from or connected to ths Contract wthn 120 calendar days from the date the work s completed Contractor upon makng applcaton for the fnal payment shall be deemed to have waved ts rght to clam for any other damages for whch applcaton has not been made unless such clam for fnal payment ncludes notce of addtonal clam and fully de scrbes such clam 13 Contractors Rsk of Loss t s understood that the whole of the work under ths Contract s to be done at the Contractors rsk and that he/she has famlarzed hmself/herself wth all exstng condtons and other contngences lkely to affect the work and has made hs/her bd accordngly and that Contractor shall assume the responsblty and rsk of all loss or damage to materals or work whch may arse from any cause whatsoever pror to completon 5

12 14 nsurance A nsurance Term The Contractor shall procure and mant a n nsurance as requred n ths Se cto n wthout nterrupton from commencement of the Contractors work t hr ou gh the term of the contract and for thrty (30) days after the Physcal Completon date unless otherwse ndcated heren B No Lmtaton Contractors mantenance of nsurance ts scope of coverage and lm ts as req ured heren shall not be construed to lmt the lablt y of the Contractor to the coverage prov de d by su ch nsurance or otherwse lmt the Cty s recourse to any remedy avalable at law or n equty C Mnmum Scope of nsurance Contractors requ red nsurance shall be of the types and coverage as stated below : Automoble Lablly ns urance coverng all owned nonowned hred and leased vehcles Coverage shall be at least as broad as nsurance Servces Offce (SO) form CA ommerca! General Lablty nsuranc e shall be as least at broad as SO occurrence CG and shall cover lablty arsng from premses operatons ndependent form contractors productscompleted operatons stop gap lablty personal njury and advertsng nj ury and lablty assum e d under an ns ured contract The Commercal General Labl t y nsurance shall be endorsed to provde a per project general aggregate l m t usng SO form CG or an equvalent endorsement There shall be no excluson for lablty arsng from exploson collapse or underground property damage The Cty shall be named as addtonal an nsured u n de r the Contractors Commercal Ge neral Lablty nsurance polcy wth re spect to the work perfo nne d for the Cty us ng SO Addtonal nsured endorsement CG and Addtonal nsuredcompleted Operatons endorsement CG or substtute e ndors emen ts provdng at least as broad coverage 3 D W0rkers Compensaton cove rage as requred by the ndustral lnsurance laws of the State of Washngton Mnmum Amounts of nsurance Contractor shall mantan the followng nsurance lmts: l 2 Automobh: Labll>: nsurance wth a m nmu m combned s ngle lmt for bodly njury and property damage of $ per accdent Commercal General Labfo) nsurance shal l be wrtten wth lmts no less than $ each occurrence $ gen eral aggregate and $ products co mp leted operatons aggregate lmt 6

13 E Cty Full Avalablty of Contractor Lmts f the Contractor mantans hgher nsurance lmts than the mnmums shown above the Cty shall be nsured for the full avalable lmts of Commercal General and Excess or Umbrella lablty mantaned by the Contractor rrespectve of whether such lmts mantaned by the Contractor are greater than those requred by ths contract or whether any certfcate of nsurance furnshed to the Cty evdences lmts of lablty lower than those mantaned by the Contractor F Other nsurance Provson The Contractors Automoble Lablty and Commercal General Lablty nsurance polces are to contan or be endorsed to contan that they shall be prmary nsurance as respect the Cty Any nsurance selfnsurance or selfnsured pool coverage mantaned by the Cty shall be excess of the Contractors nsurance and shall not contrbute wth t G Acceptablty of nsurers nsurance s to be placed wth nsurers wth a current AM Best ratng of not less than A: VL H Verfcaton of Coverage Contractor shall furnsh the Cty wth orgnal certfcates and a copy of the amendatory endorsements ncludng but not necessarly lmted to the addtonal nsured endorsements evdencng the nsurance requrements of the Contractor before commencement of the work Upon request by the Cty the Contractor shall furnsh certfed copes of all requred nsurance polces ncludng endorsements requred n ths contract and evdence of all subcontractors coverage Subcontractors nsurance The Contractor shall cause each and every Subcontractor to provde nsurance coverage that comples wth all applcable requrements of the Contractorprovded nsurance as set forth heren except the Contractor shall have sole responsblty for determnng the lmts of coverage requred to be obtaned by Subcontractors The Contractor shall ensure that the Cty s an addtonal nsured on each and every Subcontractors Commercal General lablty nsurance polcy usng an endorsement at least as broad as SO Addtonal nsured endorsement CG J Notce of Cancellaton The Contractor shall provde the Cty and all Addtonal lnsureds for ths work wth wrtten notce of any polcy cancellaton wthn two busness days of ther recept of such notce K Falure to Mantan nsurance Falure on the part of the Contractor to mantan the nsurance as requred shall consttute a materal breach of contract upon whch the Cty may after gvng fve busness days notce to the Contractor to correct the breach mmedately termnate the contract or at ts dscreton 7

14 proc ure or renew such nsurance and pay any and all premums n connecton therewth wth any Sums so expended to be repad to the Cty on demand or at the sole dscreton of the Cty offset aganst funds due the Contractor from the Cty 15 Paym ent and Performan:c Bond (Cty must check of the followng boxes) The Cty D waves f Declaraton of Opton fo r Performance Bond or Addtonal Retanage (1 0% n leu of) s submtted Z does not wave the bond/surety provsons of ths secton pursuant to RCW (3 ) f the Cty waves these provsons then Contractor need not complete ths secton f the Cty does not wave these provsons then Contractor shall provde the followng: Payment and Performance bonds shall be receved by the Cty n the amount of 100% of the Contract prce and no less The bonds must be accepted by the Cty pror to the executon of the Contract and shall be n a form approved by the Cty The bonds shall be released thrty (30) days after the date of fnal acceptance of the work performed under ths Contract and recept of all necessary releases from the Department of Revenue and Department of Labor and ndustres n settlement of any lens fled under Chapter 6028 RCW whchever s later 16 Termnaton Ths Contract shall tennnate upon satsfactory completon of the work descrbed n the Scope of Work (Exhbt A) and fnal payment by the Cty The Cty may termnate the Contract and take possesson of the premses and all materals thereon and fnsh the work by whatever methods t may deem expedent by gvng ten (10) days wrtten notce to the Contractor n the event ths Contract s termnated by the Cty Contractor shall not be enttled to receve any further amounts due under ths Contract untl the work specfed n the Scope of Work (Exhbt A) s satsfactorly completed as scheduled up to the date of termnaton At such tme f the unpad balance of the amount to be pad under the Contract exceeds the expense ncurred by the Cty n fnshng the work and all damages sustaned by the Cty or whch may be sustaned by the Cty or whch may be sustaned by the reason of such refusal neglect falure or dscontnuance of employment such excess shall be pad by the Cty to the Contractor f the Cty s expense and damages exceed the unpad balance Contractor and hs surety shall be jontly and severally lable therefore to the Cty and shall pay such dfference to the Cty Such expense and damages shal l nclude all legal costs ncurred by the Cty to protect the rghts and nterests of the Cty under the Contract provded such legal costs shall be reasonable 17 Attorneys Fet:s and Costll f any legal proceedng s brought for the enforcement of ths Contract or because of a dspute breach default or msrepresentaton n connecton wth any of the provsons of ths Contract the prevalng party shall be enttled to recover from the other party n addton to any other relef to whch such party may be enttled reasonable attorneys fees and other costs ncurred n that acton or proceedng 18 Gl!neral Admn traton The Project Manager of the Cty shall have prmary responsblty for the Cty under ths Contract to oversee and approve all work performed as well as all fnancal nvoces 19 wncro; hp of Documents On payment to the Contractor by the Cty of all compensaton due under ths Contract all fnshed or unfnshed documents and materal prepared by the 8

15 Contractor wth funds pad by the Cty under ths Contract shall become the prope1ty of the Cty and shall be forwarded to the Cty upon ts request 20 Sublettng or Asgn jng ()f Contracts Nether the Cty nor the Contractor shall assgn transfer or encumber any rghts dutes or nterests accrung from ths Contract wthout the pror wrtten consent of the other f subcontract work s needed pror to approval by the Cty the Contractor must verfy that ts frst ter subcontractors meet the bdder responsblty crtera as wrtten n Chapter RCW 21 Relatonshp of Partes The partes ntend that an ndependent contractor clent relatonshp wll be created by ths Contract As Contractor s customarly engaged n an ndependently establshed trade whch encompasses the specfc servce provded to the Cty hereunder no agent employee representatve or subcontractor of Contractor shall be or shall be deemed to be the employee agent representatve or subcontractor of the Cty None of the benefts provded by the Cty to ts employees ncludng but not lmted to compensaton nsurance and unemployment nsurance are avalable from the Cty to the Contractor or hs employees agents representatves or subcontractors Contractor wll be solely and entrely responsble for hs acts and for the acts of Contractors agents employees representatves and subcontractors durng the performance of ths Contract The Cty may durng the tenn of ths Contract engage other ndependent contractors to perfmm the same or smlar work that Contractor performs hereunder 22 Nonwuver of Breach The falure of the Cty to nsst upon strct performance of any of the terms and rghts contaned n ths Contract or to exercse any opton contaned n ths Contract n one or more nstances shall not be construed to be a waver or relnqushment of those terms and rghts and such terms and rghts shall reman n full force and effect 23 Wrtten Notce All communcatons regardng ths Contract shall be sent to the Partes at the addresses lsted below n the Contact nformaton unless otherwse notfed Any wrtten notce shall become effectve on delvery but n any event on the date three (3) calendar days after the date of malng by regstered or certfed mal and shall be deemed suffcently gven f sent to the addressee at the address stated n ths Contract 24 Dscrmnaton The Contractor agrees not to dscrmnate aganst any employee or applcant for employment or any other person n the performance of ths Agreement because of race creed color natonal orgn martal status sex sexual orentaton age dsablty or other crcumtance prohbted by federal state or local law or ordnance except for a bona fde occupatonal qualfcaton 25 Term Ths Contract shall be effectve from the date of Contract executon through expraton of the warranty perod as descrbed n Secton 9 Provsons requrng ndemnfcaton and nsurance shall survve the term of the Contract 26 lmmgrn ton Reform and Control Act The contractor represents and warrants that t s n complance wth and agrees that t wll reman n complance wth the provsons of the mmgraton Reform and Control Act of 1986 ncludng but not lmted to the provsons of the Act prohbtng the hrng and contnued employment of unauthorzed al ens and requrng verfcaton and record keepng wth respect to the status of each of ts employees elgblty for employment The contractor shall nclude a provson substantally the same as ths secton n 9

16 any and all contracts w th subcontractors p erform ng work requred of the contractor under ths contract The contractor agrees to ndemnfy and hold the Cty harmless from any and all lablty ncludng lablty for nterest and penaltes the Cty may ncur as a result of the contractor falng to comply wth any provsons of the mmgraton Reform and Contro l Act of 1986 N WTNESS WHEREOF the Partes have executed ths Contract as of the day and year above wrtten CTY OF BONNEY LAKE: gnatw a Date: e lb CONTRACTOR: S /& m SA1v/ A Fe <:; uc [NSERT NAME OF Sgnatu coztorj :O=:> Prnt Name: DavjdZmmerly Ttle: Qwner presjdeot 8 8 Date: Taxpayer D #: q 1 7 3(p CTY CONTACT: CONTRACTOR CONT ACT: Prnt Name: Prnt Name: payjdzjmmerly 5kzve: w; )acl Wn Cty of Bonney Lake Address : 9002 Man Street E (253) D p_ os o x _ Rdgefeld Bonney Lake WA Phone: 7 WA Phone : 36paaz2222 Fax : Contractor Lcense #: S! E RRSF033MM (f ths s a new co ntractor or f Co ntractor has never conducted work wth the Cty a W9 form must be attached to ths agreement) l0 Conp

17 1 r_ H :J : \ J;J ) \ = > l t :;: \ t r _!:l 1 \1 = \f r _ ; ;J J( :OJ :! / 4 Ut ;! u n:s t ; : 11: : Fto11d b ; 7 : J :: : Ulllt = : J J _ ; = JJ _ Ot: :< _ u! t < O:! t _ bfo r llj t ; fr f u C p 1 :! Q #> _Jo! E f: : $ fr: e 4}_ 1; J J J: {1 J: t = f t r n l\lr 1 1; \ Prvate ROW Water body :_J Bonney Lake Cty Lmts l r r F?H : 1 f t 9 :! <!lj t! 1 : (A 5 _;: =!! : F f!\ l! ; v :! _ nsccrt;on::j by a(llal surv::y ALL DATA S EXPRESSlY TROVJDET) AS JS AND WTH ALLFAUTTS Tllt: C 1>1JJJ l} mukcs ml WMrlnly ot nlrls fol a partl\jlarpllrpusc & Tl1c: map f;alur arc approx1rnale and uc nlcr:dcu onl lo provuh:: an lfjjcallon or s:d fo:lwc A<ld1lam:l ;m::1sllll h:w nul btcn mappd:t may he prese1\l Tf11s 1 nolla survey OrlhcplltJlo$ 1V1d olhcr delarn:n nol al 1n The CounLy Jssumcs no lallcy 11 v1ml1on ) ; 15\ ;!t!! ; 1:;;:::1 _ 1 ) ) ll s U 1n j ll \ t 1 s!!;!1f!:c;< :; all;j! Publc ROW ; 1 l t 4 a _ f : 1 ll!! 8f410E: tr < f _s: \ z h 1 JH ; 1 F fs : t! : : l!! \;\ f ff Roads 1 _#T 4t: _;; \ : Fennel Creek ; rpr \ 1 w D ; J< _ \ r ; rt 1! Chp Seal \ _ ::! 2 Cl h<f C = T; t t f _ T_ ltllj: Chp Seal 2018 / _ l0 ;n:urt = t: Cty ofbonney Lake!!fll \!! v 1 ake B ON N EY r \ T Cj}!:)_):; t A \ : C U< 1 tjt j J ft 11! / r ; J 1 :;> <;>! r 1 t ( t!> 1t :;; jj r \:! w t oclott \1 \ 1 Ttrp} } a j; L/111 = :: # : : f w_ f;: \ ;! t <> l _ ::::: : nl; t: \ \\ 00!1 Jot n*jll t \? : _ \ t _ # f _ : v= $t Ntk lak <; &wq > j T 1 r J : j J < : t t) l 1 < ot>ts\ l = </ 4; )1 ; \% f :: l J t : ;tr/! j L lr ;1 r j : /! z =u_ } \\ \;9 :l!t cy ; : f) l _\\ \\ \ : ::; /( :o rrr1:1! r J : r :: \ \ ( l \ J =n : ::::1) l r >! \l 1 \ a!!feptt N r 1 t 0 25 A 05 Mles March D75 1

18 Cty of Bonney Lake Washngton Cty Councl Agenda Bll (AB) Department/Staff Contact: Meetng/Workshop Date: Agenda Bll Number: Steve Wlladson Assstant 8 May 2018 AB Superntendent Street/Storm Agenda tem Type: Ordnance/Resoluton Number: Sponsor: Resoluton 2656 Agenda Subject: Award Lmted Publc Works Contract to Serra Santa Fe Corp for the 2018 Chp Seal Applcaton Full Ttle/Moton: A Resoluton Of The Cty Councl Of The Cty Of Bonney Lake Perce County Washngton To Approve The Lmted Publc Works Contract Wth Serra Santa Fe Corp For The Chp Seal Applcaton Admnstratve Recommendaton: Approve Background Summary: The Cty solcted quotes for the 2018 Chp Seal Applcaton usng the MRSC Small Works Roster on Aprl We receved 3 quotes: Serra Santa Fe Corporaton $ l Doolttle Constructon $ and Grante Constructon $ The contract scope of work ncludes chp sealng of approxmately square yards and fog sealng of approxmately square yards Locaton of ths work s shown on attached map and exhbt C spreadsheet Attachments: Resoluton 2656 Exhbt A nvtaton to Quote/Scope of Work Exhtbt B Quote Sheet Exhbt C Chp Seal Quanttes Bd Tabulaton Lmted Publc Works Contract and Map showng streets to be chp sealed BUDGET NFORMATON Budget Amount $ Current Balance $ Req ured Expendture $ Budget Balance $ Fund Source General D Utltes D Other Budget Explanaton: 30l Chp Seal Program Street CP *Strpng and Pavement Markngs of Chp Seal areas va ApplyALne addtonal cost of $14699 Constructon contract amount: $ % Contngency n the amount of $ = $ l Revenue: Streets CP funds COMMTTEE BOARD & COMMSSON REVEW Councl Commttee Revew: Communty Development Approvals: Yes No Date: 1 May Char/Counclmember Dan Swatman Counclmember Councl member Jm Rackley Mchelle Surdez Forward to: Consent Agenda: Yes 0 No Commsson/Board Revew: Hearng Examner Revew: COUNCL ACTON Workshop Date(s): Meetng Date(s): Publc Hearng Date(s): Tabled to Date: Drector: John Vodopch APPROVALS Mayor: Nel Johnson Jr Date Revewed by Cty Attorney: