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Home My WebLink AboutContractSMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2022, (the “Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A and a municipal corporation under the laws of the State of Washington (“Renton”), and City Wide Fence Company , (“Contractor”), INC. a Washington Corporation , who are collectively referred to as the “Parties”, to Install New Fencing at City Hall P2 Parking Area; 1055 South Grady Way, Renton, WA 98057. Renton and Contractor agree as set forth below. ϭ͘Scope of Services: Contractor will provide all material and labor necessary to perform all work described in the Proposal which is attached and fully incorporated into this Agreement by reference as Attachment “A.” Ϯ͘Changes in Scope of Services: Renton, without invalidating this Agreement, may order changes to the Scope of Services consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order signed by the Parties. ϯ͘Time of Performance: Contractor shall commence performance of the Agreement no later than (60 days) calendar days after the Agreement’s Effective Date. ϰ͘Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services, no later than 60 days from the Effective Date. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of Renton and Contractor. ϱ͘Agreement Sum: The total amount of this Agreement is the sum of ($10,261.32) which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Services. ϲ͘Consideration:In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Services, Renton agrees to make payment of the amount identified as the Agreement Sum. ϳ͘Method of Payment: Payment by Renton for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. Renton shall have the right to withhold payment to CAG-22-209 15th June PAGE 2 OF 7 Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. Renton’s insurance policies shall not be a source for payment of any Contractor liability. e. Subject to Renton’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. PAGE 3 OF 7 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: a. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. b. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. c. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to Renton shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 12. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. PAGE 4 OF 7 13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 14. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15. Other Provisions: a.Administration and Notices. Each individual executing this Agreement on behalf of Renton and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. b.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. d.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. e.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. PAGE 6 OF 7 Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 11/26/2019 Clb 5/24/22 2062 Approved by Cheryl Beyer via 6/3/2022 email PAGE 7 OF 7 Attachment A City of Renton City Hall P2 Police Fencing Project May 13th, 2022 (Friday)–1:00PM till 2:00PM x Location: o City Hall - (1055 S. Grady Way, Renton, WA 98057) x Work Scheduled: o Weekday Work (Monday thru Friday) o Work Hours (To Be Determined) o Start Date (To be Determined) x Walk Thru of Work Area o Questions can be asked during Walk through but once it has been completed; facilities cannot answer questions after the walkthrough. x Expectations: o Arrive on Time when Scheduled o This is a Prevailing Wage Project o Contractor to observe proper OSHA safety protocol throughout project o X-Raying of Floor where the Fence Post will be placed is required prior to drilling o Installation of New Fence at the P-2 Parking Lot for the Police Gate that can be Locked Privacy Slats required o Cleanup and Removal of debris from Location o Walkthrough once all work has been completed at location to ensure all work has been accomplished x Bid Due Date: o Deadline for Bids is May 20 th, 2022 at 5:00PM o We will not accept Bids after the deadline. o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the Small Works Project. o If you are not contacted within 1 week after the Deadline listed below; you have not been selected for the Small Works Project o If you want to find out about the winning bid or other bids, please submit a Public Records Request at City Clerk’s Office. óǹǌǤƓżĳǊЖ ôˢκЉЖ ͞ˁЖƻʀ̹λ̺͟Ж ŬƔëЖÕĈĉƼĘǍЖ ŭЖYЖ Ń·ȘɭЊЖ ǿșЋЖ ąŨǶЖƽʁ̻μ̼͠Ж ȍŗƥЖ Å»Z¯Ж :; < = ƦŐƕƃęЖt[¤¥°\Ж ŽƖìŘűĚЖ u]¦F±>^§¨vЖ ěžÖřŲЖ ʂ˅Οϯɘʃ2ЖΈʄ̽̉̾͡ϸȚGˆ͢ϰЖ ȀƄĜƾЖƿЖíŚųŸũƅńЖ×ĊċĝǎǏÌЖȏȐȑЖȒЖ Ƨ˙̿ʆÍЖ0w3³B¼® ЖķɕЈÎЖ1x4´¡C©ª_Ж Ģ̫Ȟ˻̥ÏЖΠȟ̋ʇΡÓɚ˥ϞГϺ˦ɰʈ˂ʉ̀ɛʊHɜ̬ͣЖ ØǵƆЖ ĞɮϹțΉɯЖŅΝϭəʅЖ ČèğЖ ?l²Ж ȁĠЖẹ̑ЖõȜ̤Жčˣȝ̊@ÙAĎˤˇЖ ȈġǐЖ 5Ж ƇƗЖm«ÆyЖ½ν˚ЖÚϱʋIЖȆ6ЖŴЌ́͂ϻͤͥɱ7ЖȂÛЖÇ¾`µЖ ϼϽϾJɩ̦ξД˧ɲ˃̓ɝʌKɞ̭Ж !3(48. )8* /%".8#+8&,748$5 80'- +8 188',628 ƨģö ĸś÷éŜƈЖ ø˛Ƞ̈́ЖŹ̃ͅЖ %¢E,ЖȓȔЖȗˈȕЖǥϿ˨΢οЖ ЖЖ ņȡϤˉʍЖ ÈˊȢЖŇȣ̌ϲLЖ ſʎΣ˜Ж Ǿ˩ʏЀˋϥȤΊɳЖ Ǒ̍ȥπЖùͦ̎ͧ΋Ж î̏Ȧɟ̄Ж Ĺʐ͆ɠʑЖǦͨͻЖ ÜɴɵЖ ïͩϢ̮ͪЖǋɖ˪̐Ж ǸͼЖǀȧ˫̑Ж nЖ £S¿Ж Ł ňȨ̒Ȏ.Ж ź˼͇ʒЖƩͫΤρЖ zЖ TÀ Ж ĺȃЖŉȩ̓ϳЖ ǧʓΌ̯ЖƪͬΥςΦЖ {Ж ¶UÁ!Ж ĻȄЖ ŊȪ̔ϴMЖ ŋȫσʔЖƫͭΧτΨЖ |Ж ·ЖVÂ"Ж aЖΞ͜ЖȬ̰ʕ͈ЖυȭЖŝЖŞ΍͉Ж őʖˬˌ˝φЖ º/Ж ¸Ã#Ж ŌȮχʗΩЖ }Ж Ϊ˭͊ˍ̕ʘЖЁˮψ˞Ж˄Ύ̅Жȯωɡ˟Ж ǒʙϊЖ͋Жúʚ̱ʛ͌ϋЖ Ƭ̖ȰόʜɶЖ Ýͽ;ΏͮІ˯̲ȱύʝЖƭͯθЖǓ΃ɢʞЖ şЖb-Ж ûʟɷȲΐЖ ǔϣʠ̗Ж ǕϏЍ̘ʡЖ~Ж ļȳɣʢΫЖ ǣʣЖ ōΒȴɺʤЖ ƯͱιЖć΅Ж ưͲάϐЖ ǁȵ˽̧έЖ ðͺΓɻήWƱ̂̈ʽϡЖ ĽʿɬЖʼ̸ͳϵȶ̙Ж*ЖŒȷϦЖßЂȸЎЖȊĵЖ ǨЏͿʥXЖľʹϑȹˎʦЖ ǖ΄˱ȺЖĤΆϧ˲΀̳ˀϒЖƉʾЖ ȉĴǡЖ sЖ ƊЖ ɧɈ͖̀͗͝˗Ж ƋƘǂǩœЖ ƲǃŮĥüǪЖďĦǗýǄŠƳǫ ƌÑЖ ͍̚ίϓȻ̨ŰЖšЖˏɗϟʧɼЖʨ͎ɤ̛͵ΰϨΔʩЖЃ˳ϔˠЖ ñȼɥ̆Ж ̜ȽϕαЖȾ͏ɽЖͶ͐ʪЖːȿϖʫЖ $˴ϗˡͷϩϘЖ̝́ɀϙβЖ˵͑Ж΁ɁΕ̇˶ˑЖ˒ɂΖɃ˓ʬЖ ̞ʭ϶ʮ̟Ж ƴЖ NЖ ΗɄАЖγɦɅ͓͒˷˔Ж˸͔ɪ̩ϪɾʯɿЖ ƵΘʰϷɆ˾̪˿͕˕ЖЄɇ˖ʱЖ ÞɸɹЖώͰЖƮΑ˰ɫÐЖ ȋЖ Ж ȌЖ Ж ǘɉ̠ʲЖƶΙ˹ɨʳЖ&Ж É8cOdeЖ ǙɊʴδЖǬɋЇ'Ж ÊrRЖ ǭƙǴŵÒЖ (Ж ̡Жf9¬o Đ͸Ѕ͘ЖƷɌБ̴ʵ͙ϚЖ Ȗ ЖƚPƛƜЕϫ Attachment A continued General Conditions 1. Premises. The Customer is responsible for accurately informing City Wide Fence Company, Inc. (“CWF”) and physically marking all property lines, easements, right-of-ways, neighborhood and community covenants, and subsoil conditions prior to commencement of the work, including location of any buried pipes, septic tanks, sprinkler systems or drain fields. Otherwise, CWF will assume all soil is clean, unobstructed, and of good bearing. CWF has not made any soil studies and is thus proceeding with the construction on the assumption that the underlying soil or land is suitable for the proposed construction, and no extra excavation or backfill will be required. The determination of any need for a soil analysis, as well as the cost of analysis, shall be paid by the customer.Any and all unmarked sprinkler lines broken by CWF shall be repaired by the arrangement and expense of the Customer. The Customer warrants that the Customer knows the actual location of all legal property lines, and the accurate placement of the fence or other structure to be installed so as not to encroach or trespass upon adjacent property. The Customer understands that the fence posts may be inserted up to four feet into the ground. If there are underground facilities (i.e. sprinkler systems or accent lighting) which may come in contact with the work performed by CWF, the Customer shall identify the location of any installed underground facilities stated above on this Agreement. The Customer shall establish the finish grade, and clear the area in which the fence or structure is to be installed, of all obstructions, debris, brush and/or plants prior to the installation date. Any portion(s) of the area left uncleared by the Customer shall be cleared by CWF’s crews on the set date. Unless pre -arranged and included on the contract, the Customer shall be charged $90.00 per man/per hour for clearing and/or grading the work. The Customer shall place all stakes clearly marking the placement of all end, corner, and gate posts. Changes In The Work. The Customer may request changes or modifications in the scope of work. These requests may be agreed upon orally or in writing. If agreed upon in writing, such changes or modifications shall be identified and agreed upon in a written change order prepared by CWF and signed by both parties. Unless mutually agreed and signed by both parties in writing, all extra work directed by the Customer and performed by CWF shallbe billed by CWF and paid by the Customer at the flat fate of $90.00 per man/per hour for all labor plus 20 percent markup on all invoiced materials, subcontractors, equipment and permits and worker hours. Delays. Should the Customer directly or indirectly cause delays or interruptions in the performance of CWF’s work, the Customer agrees to compensate CWF, for its loss or extra expenditure of time on the project viathe change order section described above.Customer postponing a job after crew is in transit will result in $500.00 fee. Postponing a job when crew is on site will result in $800.00 fee. Permits. Any building or other permits which must be obtained prior to installation of the structure shall be obtained and paid for by the Customer.It is the customer’s responsibility to determine if a permit is required. &UHGLW9HULILFDWLRQ7KLV$JUHHPHQWLVVXEMHFWWR&:)¶VYHULILFDWLRQRIWKH&XVWRPHU¶VFUHGLWDQG GHWHUPLQDWLRQWKDWVXFKFUHGLWLVDGHTXDWHRUVDWLVIDFWRU\WR&:)