HomeMy WebLinkAboutContract CAG-18-082
EMERGENCY CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is effective April 28TH, 2018, (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"),through its Public Works Department and
Totem Electric Of Tacoma INC, ("Contractor"), who are collectively referred to as the "Parties",
to replace a signal pole that is severely damaged and causes a public safety hazard due the signal
pole being knocked over on the NW corner of the intersection of NE 4T"ST and Jefferson AVE NE
— which if immediate action is not taken it could result in further loss or damage to property,
bodily injury or loss of life.
Emergency Declaration.
On or about April 28,2018,an emergency was declared by the City, On May 3,2018, pursuant to
RCW 39.04.280 and Renton City Policy and Procedure 250-02 paragraph 6.10 the Mayor issued a
written Declaration of Emergency,waiving the competitive bidding requirements and authorizing
the City to award all necessary contracts for the emergency work.
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 Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment"A."
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 commenced performance of the Agreement as
authorized on April 28, 2018 in accordance with the Emergency Declaration.
4. Term of Agreement:The Term of this Agreement shall end at completion of the Scope of
Services,no later than 180 days 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 cost of the work shall be a lump sum for time and materials not
exceed the sum of($40,000.00)which includes Washington State Sales Tax. 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: 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
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.
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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.
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.
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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.
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
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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.
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 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.
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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.
L. 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.
CI OF RENTON Totem Electric, Inc
Denis Law, Mayor
Roger Palfenier, Hwy.Div. Mgr.
ATT 'T• (Print Name and Title)
2332 Jefferson AVE
Jas.' A , City Clerk Tacoma, WA 98402
Dat- 5/8/18
Date
Approved as to Legal Form
Shane Moloney
Renton City Attrneyl
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ATTACHMENT A
SCOPE OF WORK
CITY OF RENTON
Signal pole replacement at NE 4TH ST and Jefferson AVE NE
The work involved under the terms of this contract document shall be full and complete of
providing labor, materials, and equipment necessary to replace the compromised signal pole on
the NE corner of NE 4TH ST and Jefferson AVE NE.All costs associated with this work will be paid
for time and materials.The work will include, but not be limited to:
• Disassemble,and salvage useful components(Signal displays,Video detection equipment,
pedestrian displays,push buttons,opticom,and street signs to be reused).
• Dispose of damaged signal pole.
• Install city supplied temporary signal pole and mast arm.
• Reinstall all salvaged signal components.
• Connect to the power source and put the signal pole in operation.
• Install new foundation within 10'of existing temporary signal pole. New location shall be
confirmed with Eric Cutshall. Foundation depth shall be based on geotech report and structural
engineer recommendation. Geotech and structural engineer shall be subcontracted though
Totem Electric.
• Install 1 2"and 1 3"conduit from new signal pole foundation to nearest junction box
• Install new signal pole and mast arm.
• Remove signal equipment from existing temporary signal pole and install on new signal pole
• Remove temporary signal pole and damaged foundation.
• Backfill old signal foundation with 1'A crushed rock.Top 4"shall be topsoil
• All traffic control shall follow Washington State Work Zone Traffic Control Plans
Any contractor connected with this project shall comply with all Federal,State, County, and City
codes and regulations applicable to such work and perform the work in accordance with the
current WSDOT Standard Specifications.
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