HomeMy WebLinkAboutContractDocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
AGREEMENT WITH UTILIGI, LLC TO CLOSE LOGAN AVE S
FOR RENTON FARMERS MARKET
THIS AGREEMENT ("Agreement") is made as of the 30th day of May 2024, (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 UtiliGi, LLC,
("Contractor"), a Washington limited liability company, who are collectively referred to as
the "Parties", to provide traffic control services to close Logan Ave S between S 3rd St and the
Renton Pavilion and redirect traffic around Piazza Park at 233 Burnett Ave S. Renton and
Contractor agree as set forth below.
1.Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which are attached and fully incorporated into this
Agreement by reference as Exhibit "A" and Exhibit "B."
2.Changes 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.
3.Time of Performance: Contractor shall commence performance of the Agreement no later
than thirty {30) calendar days after the Agreement's Effective Date.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than one hundred thirty days (130) from the Effective Date. This
Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of Renton and Contractor.
5.Agreement Sum: The total amount of this Agreement is the sum of seventeen thousand
eight hundred and thirteen dollars and forty-five cents ($17,813.45) which includes City of
Renton Sales Tax of 10.3%. This amount may be adjusted to a mutually agreed amount
based on changes to the Scope of Services.
6.Consideration: 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.
7.Method of Payment/Prevailing Wages/Retainage/Bonding/Limited Small Public Works:
CAG-24-142
DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
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:
10.
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.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Contractor's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
e.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.
f.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.
g.Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
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
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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.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).
13.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
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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.
14.Other Provisions:
a.Administration and Notices. Each individual executing this Agreement on behalf of
City and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of City or Contractor.
Notice: Except for Service of Process in a legal proceeding, 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. Email notice will be deemed received the date of the email so long
as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed
received the next business day - a copy of email notice must be mailed as set forth
above. This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON
Cailln Hunsaker, Parks and Trails Director
1055 South Grady Way
Renton, WA 98057
Phone: {425) 430-6606
Email: chunsaker@rentonwa.gov
Fax: {425) 430-6603
And to:
City Clerk
cityclerk@rentonwa.gov
CONTRACTOR
Michael Pasich
PO Box 1965
Sumner, WA 98390
13018 Canyon Rd E, Suite D
Puyallup,WA 98373
Phone: {253) 347-6733
Email: Michael.Pasich@utiligi.com
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
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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.
f.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i.Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
I.Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
IM:;;:b�� �t
By: Ls1a322eaacaE4E2.
Maryjane Van Cleave
Parks and Recreation Administrator
1055 South Grady Way
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CONTRACTOR
DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
Renton, WA 98057
5/30/2024 I 5:02 PM PDT
Date
Approved as to Legal Form
By: _________ _
Shane Moloney
City Attorney
Limited small works template 4-24-24 clb
PAGE 7 OF 8
Date
Approved by Cheryl Beyer via email 5/29/2024
DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
.. , E_X_H_I B-1-T-"A-,-, -,
CITY OF RENTON
PARKS AND RECREATION DEPARTMENT
Parks and Trails Division
Renton City Hall, 1055 South Grady Way
Renton, WA 98057
c/o Cailrn Hunsaker, Parks and Trails Director
(425)430-6606, cell (425) 757-3007
SCOPE OF WORK-EXHIBIT "A"
SCOPE OF WORK: TRAFFIC CONTROL DEVICE PLACEMENT
The Contractor shall provide all labor, materials and equipment to complete the
following tasks:
•Set out signs and cones in accordance with the attached diagram in Exhibit "B";
•Set up must be completed each Market Day, Tuesday, with signs and cones in
place no later than 11 :30 a.m.;
•Signs and cones shall be collected starting no earlier than 8:00 p.m. each Market
Day, Tuesday.
CITY OF RENTON:
•Will coordinate with King County Metro to inform bus drivers of changes to traffic
patterns on these Market Day Tuesdays.
JOB LOCATION
PIAZZA and GATEWAY PARKS
Logan Ave S between S 3 rd Street and S 2 nd Street, and surrounding streets
Renton, WA 98057
SPECIFICATIONS
(425)430-7214, cell (425) 766-5388
Carrie Olson, Farmers Marker Coordinator
1.Bidder/Contractor to be responsible to measure and verify dimensions, site
conditions and other relevant project information.
2.Bidder/Contractor shall perform work between the hours of 11 :00 a.m. to 8:30
p.m., each and every Tuesday between June 4 and September 24, 2024.
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DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
3.Any damage to City property will be repaired and restored to original condition by
the Bidder/Contractor, at no cost to the City.
4.This project is subject to prevailing wage. Bidder/Contractor will be required to
comply with the State prevailing wage requirements. The 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.
5.Bidder/Contractor is required to submit one bid no later than 3:00 p.m. on
Thursday, May 2, 2024.
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DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
NUMBER AE\/JSIOM OESCAIF'TION
SURVEYED:
ORAWNBY:..!!!....__.
DESIGN BY: .!!!!..._
CHECK8Y: �
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CITY OF RENTON
Publlc Wol1(s o.portm-,t
BY:
GENERAL NOTES: 1. CONES ALONG S 2ND ST ARE ONLY TO TAKE UP THE
LEFT-TURN LANE. 2. "EXCEPT BUSES" SIGNS WILL BE ADDED TO THE "NO
LEFT-TURN" AND "STREET CLOSED, DETOUR" SIGNS. 3. HARD CLOSURES ALONG LOGAN AVE S WILL REQUIRE THREE BARRICADES TO CLOSE THE ENTIRE STREET.
BARRICADE x 8
A-FRAMEx2
CONES x25
DETOURx!5
STREET CLOSED DETOUR x 2
TEMP NO PARKING x 3
ROAD CLOSED AHEAD x 4
MERGE AHEAD x 1
�
�
THRUTRAFFIC MERGE RIGHT x 1
DETOURx1
� NO LEFT-TURN x 1
�
LEFT TURN LANE CLOSED AHEAD x 1
EXCEPl I EXCEPT TRANSITx 2 !ANSIT
� smEET CLOSED x 2
EXHIBIT "B"
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DATE: �
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DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46
NUMBER AE\/JSIOM OESCAIF'TION
SURVEYED:
ORAWNBY:..!!!....__.
DESIGN BY: .!!!!..._
CHECK8Y: �
PFIOJMGR: __ _
FU:: fARMeRSMAAKETTCP.dwg
CITY OF RENTON
Publlc Wol1(s o.portm-,t
BY:
GENERAL NOTES: 1. CONES ALONG S 2ND ST ARE ONLY TO TAKE UP THE
LEFT-TURN LANE. 2. "EXCEPT BUSES" SIGNS WILL BE ADDED TO THE "NO
LEFT-TURN" AND "STREET CLOSED, DETOUR" SIGNS. 3. HARD CLOSURES ALONG LOGAN AVE S WILL REQUIRE THREE BARRICADES TO CLOSE THE ENTIRE STREET.
BARRICADE x 8
A-FRAMEx2
CONES x25
DETOURx!5
STREET CLOSED DETOUR x 2
TEMP NO PARKING x 3
ROAD CLOSED AHEAD x 4
MERGE AHEAD x 1
�
�
THRUTRAFFIC MERGE RIGHT x 1
DETOURx1
� NO LEFT-TURN x 1
�
LEFT TURN LANE CLOSED AHEAD x 1
EXCEPl I EXCEPT TRANSITx 2 !ANSIT
� smEET CLOSED x 2
EXHIBIT "B"
m
ORAWJNGNO. __
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DATE: �
SHEET NO . ....!...OF__.!_
DocuSign Envelope ID: 7EDA66D5-C623-4208-BF66-DE0C07C57E46 UTILIC?>� Contractor's License #
WA: UTILIL*808CO
OR: 154488
ID:W20964
ENGINEERING & PERMITTING, TRAFFIC CONTROL, UNDERGROUND UTILITIES, DIRECTIONAL DRILLING, VACTOR SERVICES
Customer
Project Name
Project Address
Proposal Date
City of Renton Parks & Recreation Dept.
Traffic Control Placement for Farmer's Market (June -Sept 2024)
Logan Ave S between S 3 rd St & S 2 nd St (and surrounding streets)
05/02/2024
Thank you for the opportunity to present the following proposal. As a company, UtiliGi prides itself on
being competitive and experts in the field. Based on observation and information provided, the
following proposal represents pricing, scope of work, and other contingencies, such as, but not limited
to existing conditions, and special considerations.
Scope of Work includes:
•Set out signs and cones per TCP Farmers Market Exhibit "B" for (17) weeks between June 4th and
September 241\ 2024.
Exlcusions:
•Unforeseen/ Concealed Site Conditions
•Permit Fees
•Permit Submittal/ Management (Drawings will be handed off when complete for submital)
Total Cost· ................................................................................................................................................. $16,150.00
o Payment Terms: Net 30
o Excluded in Price: Bond & Washington State Sales Tax
o Proposal may be withdrawn if not accepted in 30 days.
If you have questions about this proposal, contact Michael.Pasich@UtiliGi.com or {253} 347-6733.
Thank you, Michael Pasich
Acceptance Signature ____________________ ,Date _____ _
NOTE: THIS QUOTE SUPERSEDES ANY CUSTOMER AGREEMENT THAT MAY FOLLOW. THIS QUOTE IS AN INTEGRATED AGREEMENT AND CAN ONLY BE MODIFIED, IN WRITING, AND SIGNED
BY THE PARTY TO BE CHARGED.
P.O. Box 1965 Sumner WA 98390 -13018 canyon Rd East, Suite D Puyallup, WA 98373 Office Phone: (253) 863-3881 Fax: (253) 863-8436
UTILIGI, LLC-General Inquires: business@utiligi.com