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HomeMy WebLinkAboutCAG2019-098 - Original - 88th Ave South Water and Sewer Construction T Records Management Document CONTRACT COVER SHEET �s ro bo Ly 'F�f 11­w60 ,acl ,W the Ws P111i AIPo. W�o 11 COWIPH 0 YOU ,PI,y 4 .�4,,,ihr,,, e" IS' _815 b-I'll 72,' Vendor Name: Polygon VVLH, LLC Vendor Number (JDE): Contract Number (City Clerk); Category: Contract Agreement Sub-Category (if applicable): None Project Name: 88th Avenue South Water and Sewer Construction Contract Execution Date: Mayor's signature Termination Date: Proj completion Contract Manager: Chad Bieren Department: PVV: Engineering Contract Amount: $899,805.89 Budgeted: 571 Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: EI Basis for Selection of Contractor? Other Approval Authority: F Director F Mayor 7 City Council Other Details: To meet scheduled openings for both the S, 224th St. Proiect and The Ridge in 2019, Polygon has requested that the City construct the off-site water and sewer improvements on behalf of Polygon and Polygon agrees to reimburse the City. I CONSTRUCTION AND REIMBURSEMENT AGREEMENT Sath Avenue South Water and Sewer Construction This construction and reimbursement agreement ("Agreement") is between the CITY OF KENT, a Washington municipal corporation ("City"), and POLYGON WLH, LLC a Delaware limited liability company ("Polygon"). RECITALS A. Polygon is constructing a residential development called The Ridge along the 22300 block of 88th Avenue S. in Kent, Washington. The City is simultaneously completing its Local Improvement District #363 - S. 224th Street Improvements Phase II Project ("S. 224t" St. Project") along 88th Avenue S., adjacent to and north of The Ridge. B. As part of The Ridge construction, Polygon is required to extend improvements off-site for potable water ("water") and sanitary sewer ("sewer") to meet the demands of its development. Polygon designed these offsite improvements to the satisfaction of the City and the City granted a permit (#2173134) on December 28, 2017 for construction of on-site and off-site civil construction related to The Ridge. These improvements were to be completed by autumn 2018 to accommodate The Ridge and Kent's S. 224th St. Project. C. Polygon's contractor attempted to construct the sewer improvements in the summer of 2018, but was not able to complete the work and meet the City's construction standards for an acceptable sewer system due to unforeseen circumstances beyond Polygon's control. Polygon's contractor did not attempt to construct the water line along 88m Avenue S. in 2018 because it was unable to complete the sewer line to the City's and Polygon's satisfaction. D. Due to construction timelines for The Ridge and the S. 224th Street Project, Polygon and its contractor do not have adequate time to reconstruct and complete the water and sewer improvements in 88m Avenue S. without detrimental impact to the schedules of both projects. The City has received contractor bids the S. 224th St. Project and will construct the improvements in 2019. In order to meet scheduled openings for both the S. 224th Street Project and The Ridge in 2019, Polygon has requested that the City construct the off-site water and sewer improvements on behalf of Polygon and Polygon agrees to reimburse the City for the expense of doing SO. 1 The parties therefore agree as follows. AGREEMENT 1. PROJECT DESIGN AND CONSTRUCTION 1.1 The City will construct the water and sewer improvements along 88th Avenue S ("Project') as shown in Exhibit A and will provide the necessary engineering, administrative, inspection, clerical and other services necessary to complete this work. 1.2 The City will be responsible for the removal of the previously installed defective sewer line from Washington State Plane Coordinate System Northing 150074.96/Easting 1296638.68 to Northing 151431.62/Easting 1297106.67. This removal will be included as part of the S. 224t^ Street Project construction contract. 1.3 The City will be responsible for acceptance and maintenance of the Project and will be the sole owner of the improvements once they are accepted as complete by the City. 2. REIMBURSEMENT 2.1 The City has included separate pay schedules for the water and sewer improvements in the S. 224' Street Project bid documents. 2.2 Project costs are estimated at $600,000.00 for sewer and $300,000.00 for water; however Polygon shall reimburse the City for all costs reasonably incurred by the City to complete the Project. The final and actual costs will be based on final quantities of materials placed, as calculated by the City via its on-site Construction Project Manager and may also include, but not be limited to staff time for engineering and construction management and consultant costs for quality control. Labor and Materials costs will be calculated using the bid received from Scarsella Bros. Inc, as shown in Schedules IIB and IIIB of Exhibit B. 2 0 2.3 The City will provide Polygon with accurate and complete invoices showing the final and actual Project costs. Polygon agrees to pay the City within 30 business days of receiving an invoice from the City. Timely payment of invoices shall not be a prerequisite or condition of issuance of permits, inspections or certificates of occupancy for The Ridge. 2.4 Any dispute between the parties regarding reimbursement of costs under this Agreement shall not delay issuance of building permits or certificates of occupancy for The Ridge homes. In the event of any dispute concerning a payment, the parties will promptly meet in person and attempt to resolve the dispute. If after holding at least one meeting the parties cannot resolve their differences, then Polygon may either: (1) provide the payment to the City; or (2) provide the payment to City, but note that the payment is under protest and the matter will be resolved pursuant to the terms of Section 7.4 of this Agreement. 3. TIMING OF WATER AND SEWER SERVICE IMPROVEMENTS. The City anticipates completing the Project, including acceptance as complete by the City under Section 1.3, and water and sewer service is expected to be available to serve The Ridge by July 1, 2019. In the interim, the City will issue side sewer permits to Polygon upon submission of a complete application in order to allow for issuance of building permits and construction of homes. In the event the Project is not completed by July 1, 2019 and certificates of occupancy are otherwise ready to be issued for The Ridge, the City will allow Polygon to provide temporary water and sewer at its own cost to serve The Ridge and the City will approve temporary certificates of occupancy until the Project is complete. 4. TERM AND TERMINATION. 4.1 This Agreement shall remain in effect until the Project is completed and Polygon has paid the City the actual and final Project costs. 4.2 Either party may terminate this Agreement by written notice to the other party if the other party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after its receipt of written notice of breach. Any extra costs, expenses or damages incurred by the non-defaulting party as a 3 result of such termination shall be borne exclusively by the defaulting party. The rights and remedies under this provision are in addition to any other rights or remedies available to the non-defaulting party under contract or applicable law. Termination will not relieve the defaulting party of any obligations which arise out of work performed prior to the effective date of termination. S. INSURANCE AND INDEMNIFICATION. The City shall ensure that all contractors and consultants, and all work performed for the Project is insured consistent with industry best practices. The City shall obtain indemnification, defense and hold harmless agreements from all contractors and consultants as provided for under the laws of the State of Washington. 6. NOTICE. All communications regarding this Agreement shall be sent to the parties at the addresses specified in this Section 6. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Section. To City: Chad Bieren 220 Fourth Avenue South Kent, WA 98032 Phone: (253) 856-5500 Polygon: Nick Abdelnour Polygon WLH, LLC 11624 SE 5tn Street, Suite 100 Bellevue, WA 98005 (425) 586-7700 4 7. MISCELLANEOUS. 7.1 Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. 7.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. 7.3 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 7.4 Dispute Resolution Procedure. Any dispute or claim arising between the Parties relating to this Agreement, shall be subject to the dispute resolution procedures set forth in Section 2.4 and this Section 7.4. If a dispute arises, the parties will promptly meet in person and attempt to resolve the dispute through mutual negotiation. If the parties are unable to resolve the dispute through such negotiation within thirty (30) days, then the parties may agree to submit the matter to mediation or other alternative dispute resolution process. If after this process the dispute is still unresolved, then either party is entitled to pursue any legal remedy available in a court of law. 7.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and 5 attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right to indemnification under Section 5 of this Agreement. 7.5 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be valid or binding unless in writing and executed by both parties. 7.6 Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. 7.7 Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. 7.8 Force Majeure. A party will not be in breach of this Agreement if unable to perform its respective obligations as a result of the occurrence of an event of"force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. All work under this Agreement shall commence or recommence at a reasonably immediate time after any event of "force majeure." 7.9 Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 6 7.10 Binding Nature. The rights and responsibilities contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 7.12 Counterparts. The parties may sign this Agreement in several counterparts, each of which will be deemed an original but all of which together will constitute one instrument. 7.13 Effective date. This Agreement will become effective when all the parties have signed it. The date this agreement is signed by the last party to sign it will be deemed the date of this Agreement. Each party is signing this Agreement on the date stated below that party's signature. CITY OF KENT POLYGON WLH, LLC a Delaware limited liability company By; ry — By; Dana Ralph Nick Abdelnour Its: Mayor Its: Authorized Agent DATE: k `9 DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By:,, �... .,_ Kent Law Department Legal Counsel 7 � SEE SHEET 13 M wok �i�tp .. uu ^ax r• �� G�m a 1 �ip CCK'K'q i amNNftH \I I ! b .A..t � p I � N I d II t I� ul� A. 1c1 w. i� 02 S ✓ �pp�Z : a M1 Q 3 mem: a l eyE+v3 n d M L ' Q � I � " I I I ( f O o f 9 [ � 9 � r , c i_ 1 FIv� 1 • s ; $ I U � �m � Ga:i�•.a o xo�,. f q � d t°h psi � � , u•� �! y� � V i ._ y Mmry_ r,a y e iV t V + 1 „ pp I l k s 11 A C M� I i. Z f I, L .4 II. I q ,..,, TO .. I � y xi %LLl I U C• v �m I t l I I I Z 5N��I bA ry1l Id � " Q I IE a a N 1 10 'a� I'f `•^4 � B f '�L ^4. 04 ml 04 1� V 11 No It fff Pled� 1 9 a o bA plops a e— —d, � p @ ow. 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Bid Opening: January 24, 2019, 11:00 AM Scarsella Bros., Inc. PO Box 68697 Seattle,WA 98168-0697 ITEM DESCRIPTION QTV UNIT UNIT TOTAL NO, PRICE AMOUNT SCHEDULE II B: 88TH AVE. WATER 2515 12'' Connection to Existing Water Main 1 EA 3,600.00 $3,600.00 2535 12'' Diameter Restrained Joint Ductile Iron, Cl 52 1,370 LF 73.75 $101,037.50 Water Main Pine 2540 Hydrant Assembly 2 EA 8,230.00 $16,460.00 2555 Shoring or Extra Excavation Class B 8,250 SF 0.50 $4,125.00 2560 Foundation Material, Class I&II for Water Main 100 TON 48.15 $4,815.00 2580 Crushed Surfacing Top Course, 5/8" Minus 860 TON 22.50 $19,350.00 2585 Gravel Borrow, Including Haul&Compaction 1,650 TON 17,50 $28,875.00 SUB TOTAL $178,262.50 100/a SALES TAX $17,826.25 SCHEDULE II B TOTAL $196,088.75 SCHEDULE III B: 88TH AVE. SEWER 3505 Remove Existing Sanitary Sewer Pipe 1,470 LF 10.00 $14,700.00 3510 Remove Existing Catch Basin or Manhole 8 EA 600.00 $4,800.00 3515 Ductile Iron Sewer Pipe, 8'' Diameter Class 52 Epoxy 1,470 LF 225.15 $330,970.50 Coated 3550 Manhole Under 12', Type 1 48" Diameter 5 EA 4,060.00 $20,300.00 3560 Manhole 12'to 20' Type 1 48'' Diameter 1 EA 6,700.00 $6,700.00 3585 Locking Manhole Frame &Cover 6 EA 540.00 $3,240.00 3587 Shoring or Extra Excavation Class B 17,500 SF 0.50 $8,750.00 3588 Foundation Material, Class I&II 940 TON 48.15 $45,261.00 3590 Crushed Surfacing Top Course, 5/8" Minus 870 TON 22.50 $19,575.00 3595 Gravel Borrow, Including Haul &Compaction 4,500 TON 17.50 $78,750.00 SUB TOTAL $533,046.50 10%SALES TAX $53,304.65 SCHEDULE III B TOTAL $586,351.15 TOTAL SCHEDULES IIB AND IIIB $782,439.90 Construction Project Management 15% $117,365.99 Staff time for engineering, construction management, and consultant costs TOTAL PROJECT COST $899,805.89 � �V � � I� M m WM �10 $ I ou » � �'aw ���,� �'W ao. � I 6w 4� mim : aw :� m' U�M ® m' �u w ®' w m � . o �� ,� �� � ��� . ... .;�y, I�.�mmm�mm �m..�m�� ��V'lll��„��w�. � ,� ,,. � p..�l IIW� mn m ar �" w I� ���"i �� ��I "° ""' ����m.. �u � Im V�Il lm! au � 'va � � i� ��.i i wro �I mm,�� ��� ��� u u '„ 'IIIW� u m�.^: mt � p �w a nl' _ 'uIV i;m�r,.� �� � �. n �' om tl � mi��iii u � w�� o., u�w u� � vll� � w � ' III� ., mm �. _� ®u emu m mr �LL ���� .., ��, � � mU a ., r�u��am ..� mu �„ mB �. � ^� m, m� of m� m, .,��� �� of..� mu �� and � �, m m„u' ,�a�� �.wi m � ure mu ���. � um!� aw omu� Vu m �� mm u°' -mum ��. ., ����� � ��` � � � � ��� �� � ,, um� �m�m°��w�. m �, �a �� i � m ml, ;W' mll�'� ,m'.� r T 'm ,n,- � �m � �. amr bay; wm" i� ,�„ ,,, m�� a� _ m _.. sm v s �, � N ,.:... �� m � � � � ,. � � 3 m .W �P mu:mw: Po . im� ru mr ^ mi mu m� mr mro„�uu "'"'"� r �� I�i�ro m un a° i� wn � w '. �,. ip ;....wiP o- as � � �m� an a �� � � w .. � � ,,,,,� � � �IIII fl : . m : i " .• m w m _ _� ��",�,J�,�r. � (IIII�II � � �� uuuiiii u „� � II'�III IIII�I �� emu � mm wnwu���`�an" � �; � , ,� �W� � � ^;. my :; m uuu »m � 'w' m�� 8.P Budd K E N T W as N INGTON DATE: February 5, 2019 TO: Kent City Council SUBJECT: Construction Agreement with Polygon Northwest for The Ridge Townhome Development - Authorize MOTION: Authorize the Mayor to sign the Construction and Reimbursement Agreement with Polygon Northwest to complete water and sanitary sewer improvements along 88t" Avenue South for The Ridge Townhome development as part of the South 224th Street Improvements - Phase II project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Polygon Northwest is constructing a residential development called The Ridge along the 22300 block of 881h Avenue S. The city is simultaneously completing the Local Improvement District #363 S. 224th Street Improvements - Phase II project adjacent to and north of The Ridge. In order to complete its development, Polygon requires water and sanitary sewer service to The Ridge. Construction of these utilities was to have been completed in 2018; however, Polygon's contractor was not able to complete the work and meet the city's construction standards. Due to the timing of the city's project, Polygon and city staff members agreed that it would be better to include the water and sanitary sewer improvements in the city's construction project rather than managing two contractors in the same work zone. The attached agreement includes provisions for the city to construct the water and sewer improvements on behalf of Polygon, with reimbursement for the work by Polygon. BUDGET IMPACT: None, work to be paid for by Polygon Northwest, ATTACHMENTS: 1. Construction and Reimbursement Agreement (PDF) 01/28/19 Public Works Committee RECOMMENDED TO COUNCIL Packet Pg. 287 W.