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Home My WebLink AboutContract "p�'N'r��1`SY O CAG-12-149 p� � ' � ' PUBLIC WORKS DEPARTMENT CONTRACT AGREEMENT Repair and Relocation of"Emerging" Sculpture (part of Garden Avenue North Widening Project) THIS AGREEMENT is made as of the /1v day of 6&&k V , 2012, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and ARTECH, INC. , hereinafter referred to as "CONTRACTOR". The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement as Exhibit"A". 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten (10) calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than 60 calendar days from the date of commencement. 4. Term Of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the lump sum of $19,359.60, which includes Washington State Sales Tax. (figures only) 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 1. Employment.The Contractor's employees are not employees of the City of Renton. 8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 9. Record Keeping and Reporting. The 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 any records required by the City. Repair and Relocation of"Er ing" Sculpture 10. Hold Harmless. The Contractor shall indemnify and hold the City, its officers, employees, agents and representative harmless from any and all claims, demands and actions based upon or arising out of alleged errors, omissions or acts of negligence of the Contractor or its associates, employees, sub- contractors or other agents while performing service under this Agreement. It is understood and agreed that the Contractor's general liability insurance policies defend, or shall be endorsed to defend, the City from claims of bodily injury and/or property damage arising out of any alleged acts of negligence of the Contractor or its associates, employees, sub-contractors or other agents while performing services under this Agreement. "it is specifically understood that the indemnification provided herein constitutes the contractor's waive of immunity under the Industrial Insurance Act, Title 51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement." 11. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance requirements: General Liability insurance in the amount of$1,000,000 per occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of$1,000,000 per claim; Automobile Liability in the amount of$1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be named as a PRIMARY & NON-CONTRIBUTORY Additional Insured on the insurance policy and an endorsement stating such shall be provided. 12. Compliance with Laws. The 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. 13. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State prevailing wage requirements as set forth in the Contract Documents. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature ignature Gregg A.Zimmerman , Public Works Administrator Printed Name and Title Printed Name and Title ARTECH INC. Business Name 865 Lind Ave SW Mailing Address Renton WA 98057 city State Zip 206-728-8822 Telephone �XH t P.)i-r A OTC r June 12, 2012 Jennifer Davis Hayes Renton Municipal Arts Commission Community and Economic Development Renton City Hall 1055 Grady Way, 6th Floor Renton, WA 98057 Proposal submitted by Denise Bisio and Mike Hascall Emerging RFP response Project Approach: Concrete prep: dig hole, pour pad and 1,530.00 pedestal (24X20X20) Concrete to be tinted med grey Materials 650.00 Crew to brace sculpture, drill pad, pour 680.00 concrete breaker Set up scaffold, pick sculpture, deliver for 2,040.00 repair Return sculpture and install 2,295.00 Remake the bottom column, refinish 9,300.00 sculpture as close to original. Project Management 1,020.00 Prevailing wage fees and administration 165.00 Total 17,680.00 WSST 1679.60 TOTAL 19,359.60 References: Greg Smith GQsmith@kcls.org 425-369-3237 King County Library System Bruce Miller bruce@bfmiller.com 425-985-5511 Painting Conservator Mary Pat Byrne MPByrne@bellevuewa.gov 425-452-4105 2641 Nftt Avenut 206.728.8$22 s-��kile WA.9812i billing is likely to exceed the estimate for the described Services by more than 10%.Any modifications to the scope of Services described in this Proposal will be provided at an additional charge and will require a signed Work Order. Charges for Services are provided on a portal-to-portal basis,meaning from job start at Artech's offices and continuing until the return to the Artech offices.The estimated charges are exclusive of applicable taxes,insurance and other related costs and charges as described below,which will be included in the Client invoice. Client is solely responsible for obtaining insurance to cover any loss or damage to its Objects. Clients may acquire insurance through Artech's insurance agent as described in Section 6 on the reverse side of this Proposal. This Proposal is valid for up to 90 days from the date submitted. Acceptance of Proposal - Client agrees to the terms Client Name: and conditions set forth in this proposal, including the Additional Terms and Conditions for Service set forth on page 2 of this Proposal. By: Its: Date of Acceptance: Additional Terms and Conditions for Service 1. Services.By signing the front page of this Proposal within the acceptance period,Client agrees to have Artech perform the Services as provided in this Proposal and Artech agrees to perform the Services in good workmanlike manner in accordance with the terms of this Proposal and current standard practices.Even if not signed by Client,this Proposal will be binding upon Client at the time that Client directs Artech to begin, and Artech does begin,performing the Services.If Client requests Artech to engage the services of others with respect to the Objects,Client agrees that Artech shall act as the agent of Client and shall not be liable for any loss or damage relating to such Services. 2. Ownership.Client represents and warrants to Artech that it is the legal owner or has lawful possession of the Objects and has the legal right and authority to enter into this Proposal.Client agrees to defend,hold harmless,and indemnify Artech from and against any allegation or claim based on,or any loss,damage,settlement,cost,expense,and any other liability resulting from a breach of this Section 2. 3. Payment Terms.Payments for invoiced charges are due within 10 days of the date of invoice.Late payments shall accrue interest at the lesser of 1.5%per month or the highest rate allowed under applicable law. 4. Default.Client shall be in default under this Proposal if Client fails to(a)pay past due amounts within three days of receipt of written notice,or (b)cure any other breach of this Proposal within 10 days of receipt of written notice.Upon any such breach,Artech shall have the right to terminate this Proposal and its obligations hereunder without further notice to Client.The rights and remedies set forth in this Proposal are not exclusive and are in addition to any other rights or remedies that exist in law or equity. 5. Limitation of Liability.Artech shall not be liable for loss or damage to Client's Objects except to the extent that such loss or damage is directly attributable to,and arises solely as a result of;Artech's negligence;provided that in no event shall Artech's liability exceed the fees paid or payable to Artech under this Proposal.IN NO EVENT WILL ARTECH BE LIABLE FOR LOST OPPORTUNITIES OR PROFITS,OR FOR CONSEQUENTIAL,SPECIAL,PUNITIVE,OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER. 6. Insurance.ARTECH DOES NOT INSURE CLIENT'S ARTICLES AGAINST LOSS OR DAMAGE.HOWEVER CAUSED.CLIENT IS SOLELY RESPONSIBLE FOR INSURING ANY LOSS OR DAMAGE TO ITS OBJECTS.Upon request,Artech will contact its insurance agent to assist Client in acquiring insurance.If Client desires to purchase insurance from Artech's insurance agent,Artech may include the cost of insurance in Artech's regular invoice to Client.Client may choose to obtain insurance from any other source or may choose to have their articles uninsured.If client obtains insurance for the stored articles,Client agrees to name Artech as an additional insured. 7. Confidentiality.Objects or information pertaining to Client's Objects will not be released by Artech to any party other than the Client or those identified in writing by the Client as authorized to receive the Objects or information,or as otherwise required by law.Client agrees that it will protect and keep confidential the terms and conditions of this Proposal and any other information obtained from Artech in connection with this Proposal that is identified as confidential or proprietary or that,given the nature of such information or the manner of its disclosure,reasonably should be considered confidential or proprietary. 8. Condition/Duty to Disclose/Inspect.Client shall disclose in writing to Artech any known damage and/or defects existing in the Objects prior to delivery to Artech for performance of the Services;provided that this list shall not be deemed a complete list of all existing damage and defects. Artech shall not be liable for any(a)damage to,or defects in,the Objects existing prior to delivery of the Objects to Artech,(b)ordinary wear 865 LIND AVE SW I RENTON, WASHINGTON 98057 VJWs/ ,ARTECHSEATTLE.COM 1 206-728-8822 4_i .�� f=��7J'i_ -✓'=V�J '4�. ��°e'V.L�` �' tRW ?'V-�?FJ•:��5`N'7�� - and tear,or(c)any perishable Objects.Upon completion of the Services,Client shall inspect the Objects for damage.Any claim of damage must be presented to Artech upon completion of the Services. 9. Attorneys Fees and Costs.In the event of litigation arising out of this Proposal,or a claimed breach thereof,the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs. 10. Disputes.Disputes arising from this Proposal will be resolved in the state or federal courts located in King County,Washington,and Client consents to be subject to the jurisdiction of these courts. 11. Disclaimer.ARTECH DISCLAIMS ALL WARRANTIES AND CONDITIONS,EXPRESS,IMPLIED,OR STATUTORY,INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Force Majeure.Neither party will be liable for any loss or damage or be deemed to be in breach of this Proposal due to any event or circumstance beyond its reasonable control,including,war,invasion,civil unrest,electrical shortages,terrorist attacks,earthquakes,or other natural disasters. 13. Additional Provisions.This Proposal,together with any corresponding Work Order,constitutes the entire agreement between the parties with respect to the subject matter hereof.No changes to the provisions of this Proposal shall be valid or enforceable without the express written acceptance by Artech.The parties may use standard business forms or other communications,but use of such forms is for convenience only and does not alter the provisions of this Proposal.Any notices under this Proposal must be in writing and delivered in person or sent by first class mail,overnight delivery by a nationally recognized carrier or facsimile to the address for the recipient set forth in this Proposal.Either party may give the other party notice of such change in address in accordance with this Section 13.This Proposal may be executed by facsimile and in counterparts.A waiver of any default is not a waiver of any subsequent default.Unenforceable provisions will be modified to reflect the parties' intention,and remaining provisions of the Proposal will remain in full effect. 865 LIND AVE SW I RENTON, WASHINGTON 98€57 WWW.ARTECHSEATTLE.COM 1 2016-728-8822 FINAL PAYMENT FOLDER • 005) qa- VENDOK# d--, CAG# RETAINAGE# CONTRACTOR AVLIA , AMOUNT: qL_E. :_=____________- --91) ADDRESS: Qj i 'l ( U'( [C'1i 35C D CITY: ?(2fl1)Y1Agm ? 1) PHONE: RAO 7 '- Oft?d- CONTACT PERSON: iiYiiiru2) W 1 I ii\t'(� ,, ) IMPROVEMENT: m e v ' 3,,u ip.)(- -(---/ - 6b DATE ACCOUNT# AMOUNT RETAINAGE HECK# *\ _g-04 ,11-1/ gl 0.(�D.t 4- 1, `f I fe. / 1, o Old 2v I 1 5--t c---/t(. /, ,,, la,, 31 7.i 3l1,( .GAo*(3 --6; ({2 .31/f .6 H ,?3 77L-11-( ,---------- „---<- -„---- Lt- ,-i 6 , qft< I1, Z 0 _ DO 3q l "73-(0 r . Jb} ♦ I J D trgo.-joyziQ. loi t ._&-041,0 _________,_, tv . , 9 .40,-bi\N\ 1/ ___ ,_to Construction Contract CAG: Project Name: Pre• wEra!y . ; Prime Contractor: Ar Prime Contractor&Subcontractors Date Received Date Received Intent to Pay Affidavit of Prevailing Wge Wages Paid Arre.40.1- zi7 -07/ ..9.0,qc • • • • 1 RECEIVED Pei r..r SEP 2 4 2015 Transportation Systems Div. Certification for Release of Contract Retainage CAG#: 12-149 Project Title: Repair and Relocation of' Emerging" Sculpture (part of Garden Avenue North Widening Project) I hereby certify, as Project Manager representing the City of Renton, that: All work required by the above cited contract was completed on 9/14/2015. 2. Acceptance by the City Council was granted on_N/A . If City Council acceptance is not required (contracts less than $150,000), see acceptance by Mayor or Department Head below. (Reference Renton Policy and Procedure 250-02.) 3. No liens have been received within 30 days of completion date from any persons, subcontractors, or material men, who have performed or provided any work or material on subject contract. 4. All Intents to Pay Prevailing Wages and all Affidavits of Wages Paid (including all subcontractors) have been verified and copies have been forwarded to Finance. (see attached) /‘,0; Vb/20/5- Pro'ect Manager Date V2/ PC Depart e ead Level Acceptance Date (Small rks Roster Under$35,000) (Single Craft/Trade Under$40,000) (Mu Eke Craft/Trad Under$65,000) ,460 Q/72 3 Mayor Level Ac eptance Denis Law Date (Small Works Roster between $35,000 - $150,000) (Single Craft/Trade between $40,000 - $150,000) (Multiple Craft Trade between $65,000 - $150,000) MRSC - Purchasing and Bidding: Retainage and Bonding Issues Page 3 of 3 yew *vortil Performance and payment bonds must usually be in the amount of 100%of the contract value.Cities and towns may set a bond amount between 25%and 100%by ordinance(RCW 39.08.030 (http://apps.leg.wa.gov/rcw/default.aspx?cite=39.08.030)),and some other agencies have their own statutory requirements.Many agencies will ask for separate performance and payment bonds for 100%of the contract amount,doubling the coverage. These bonds are normally furnished on agency-provided forms,which should be reviewed by the agency's legal counsel and risk manager before the contract is signed.Cities,towns,and water-sewer districts may require the bond be payable to the agency itself.For all other local governments,the bond must be payable to the State of Washington. Performance and payment bonds may be waived for roster projects under$35,000 using the limited public works process(/getdoc/e58fb1d7-cca4-4795-ae74-76201d2b4807/Purchasing-and-Bidding-Small-Public-Works- Roster.aspx#lpwp).For public works contracts under$35,000 that do require performance and payment bonds,the contractor may ask the agency to waive the bonds and instead retain 50%of the contract amount for 30 days after the date of final acceptance,or until the receipt of all necessary releases from the Department of Revenue and Department of Labor and Industries,whichever is later.This is intended to help small contractors that may have trouble getting a bond. Claims Against Performance and Payment Bonds Any subcontractors,workers,and suppliers with a claim against the bond must file the claim within 30 days after the agency accepts the contract. If a municipality fails to call for performance and payment bonds,it will be liable to all of those entities for the full amount of the contractor's debts or outstanding payments(RCW 39.08.015 (http://apps.leg.wa.gov/rcw/default.aspx?cite=39.08.0151). Sample Documents For sample documents related to guarantees,bonds,and retainage,see the following: • Insurance, Bonds and Retainage(/getmedia/13bbb904-44bc-4376-a74e-1971ceb5b7e2/App%20G4%20-% 20Insurance%20Bonds%20and%20 Retainage.aspx) • Construction Contracts Insurance Coverage Aspects(/getmedia/2dd143fd-4669-4a05-a8a7- db6dae231e11/App%20G6%20-%20Construction%20Contracts%20Insurance%20Coverage.aspx) • Construction Contract Documents(http://mrsc.org/getmedia/a0124d60-d5dc-4340-9a88- 8ee9514a264a/App%20G7%20-%20Construction%20Contract%20 Documents.aspx) For more sample documents regarding purchasing and contracting,see the MRSC Sourcebook (http://mrsc.org/procurement/procurement-sourcebook.aspx). Last Modified:June 29,2015 2015 MRSC of Washington.All rights reserved.Privacy&Terms(/getdoc/18b60bOa-f09d-4b7a-972f-2fcde5149c02/Privacy-and- Terms.aspx). http://mrsc.org/Home/Explore-Topics/Public-Works/Purchasing-and-Bid... 06/29/2015 , — , . h �t .r�'�I2415 � ) ART E C N Invoice No: 28066RV-IN ortec seattle.com R. Date:9/14/2015 PRESERVING THE PRICELESS • ENGINEERING THE INVISIBLE Work Order: revision#2 ARTWORK LOGISTICS FINE ART CARE COLLECTION MANAGEMENT AND CONSULTING City of Renton 1055 S.Grady Way Payment Due: 9/24/2015 Renton,WA 98055 Customer Number: 01-CITYREN Revision#2-Emerging,final Amount **REVISION,VERSION 2** This invoice updates#RV28066-IN dated 06/30/2015. Contact: Elizabeth Higgins Job Name: Final step of"Emerging"sculpture re-location May 22, 2015: Install reinforced concrete pad @ 12"d x 36 x 36"on green strip between Synchronicity apartments& Park Ave N in Renton. May 29, 2015:Transport Emerging sculpture to site where pad was poured. Elevate, install and secure sculpture in place using forklift. Total Services: $5,830.00 Thank you for choosing ARTECH! CHARIER 116,LAWS OP 1965 CITY OF RENTON CERT{FICATION I,THE U OIRSIQNED OD HEREBY CERTIFY UNDER PENALTY OF PENURY.TINT TIE MATERIALS WE SEEN FURNISHED, THE SIMS RENDERED OR THE LABOR PERFORMED AS DINER ISIDH831>i ,NIDTHATTHECLANISDUE AND UNPIMD 0SU ION AGAINST THE CITY OF AND TO Ammon HNAi AND CERTIFY TOTRfCBL� 79TI1 1 _.....,.� 3 f7. 12Z663 016", 642 o.48 Taxable Amount: 5,830.01 TERMS: Due by date listed above.A finance charge of 1.5%will be applied Non-taxable Amount: 0.00 to all outstanding amounts over 30 days.To pay by Visa, MasterCard,Amex or Discover please use space below.Your credit card number will not be retained. r� 0V4\ Net Invoice: 5,830.00 Name on card: Amount: Sales Tax: 553.85 Card Number: Expiration: ( invoice Total: 6,383.85 Frame Shop • 2601 1 Ave. Seattle WA 98121 • 206.728.8822 PH • 206.728.1521 FX Corporate/Remit • 865 Lind Ave. SW Renton WA 98057 • 206.728.8822 PH • 425.271.0804 FX Natalie Wissbrod From: James P Wilhoit Sent: Tuesday, September 29, 2015 2:40 PM To: Natalie Wissbrod Cc: Bob M Hanson Subject: RE:Artech Yes. Why such a high percentage retainage? Is that something we put in the contract? James P. Wilhoit, PE Project Manager Transportation Design City of Renton WA (425)430-7319 (206) 818-9357 cell From: Natalie Wissbrod Sent: Tuesday, September 29, 2015 2:36 PM To: James P Wilhoit Subject: Artech Hi James, I just want to make sure I'm paying Artech correctly. It looks like the project is complete as of 9-14-15, is that correct? I have paid them for two invoices less retainage. Invoice 0094174-IN dated 3-14-14,total invoice amount$2,606.10 (Paid them $1,416.10 and held $1,190.00 in retainage) And Invoice LN25187-IN dated 2-12-15, total invoice amount$10,369.65 (Paid them $5,634.65 and held $4,735.00 in retainage) I'm getting ready to pay a third invoice, #28066RV-IN dated 9-14-15 in the amount of$6,383.85 less retainage of $2,915.00. Check to be issued for$3,468.85. Upon 30 days after completion date of 9-14-15 I could release their retainage in the amount of$8,840.00. Do all these amounts and dates seem correct to you? Thanks- Natalie 2 Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Affidavit of Wages Paid Project Detail - Project Dashboard Document 6/1/2015 Intent 604575 Affidavit 578933 Affidavit Approved Received Id Id Status on Date 6/3/2015 Your Company Information Name ARTECH INC Address 2601 FIRST AVE SEATTLE,WA,98121 WA UBI no. 600260769 Contractor Registration no. ARTECI*054C1 Industrial Insurance Account Id 38728600 Email Address andrewr®artechseattle.corn Filed By Rubinstein,Andrew Project Information Awarding agency: RENTON, CITY OF 1055 S GRADY WAY RENTON, WA - 98055 Awarding agency contact: Elizabeth Higgins Awarding agency contact phone 425-430-6581 number: Project Details Project name 24714_Emerging sculp County where work was performed King City where work was performed Renton Job site address/directions: Prime contractor name ARTECH INC Prime contractor registration no. ARTECI*054C1 https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx 9/29/2015 Page 2 of 3 vow vire Contract no. Prime contractor Phone Number 206-728-8822 Prime contractor Intent form Id# for 604575 this project Dollar amount of your contract: $ 19,852.00 Bid due date 10/8/2012 Contract award date 10/15/2013 Intent filed date 11/14/2013 Job start date:MM-DD-YYYY 11/12/2013 Date work completed:MM-DD-YYYY 5/29/2015 Project Completion Did your subcontractors perform all No work on this project? Did your company hire any No subcontractors? Did your company have employees Yes perform work on this project? Did this project utilize American No Recovery and Reinvestment Act (ARRA) funds? Specifically, did this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Is the prime contract at a cost of over No one million dollars ($1,000,000)? Company Owner Information How many owner/operators performed 0 work on the project that own 30% or more of the company? No company owner added. Affidavit Subcontractor(s) No subcontractor is selected for this affidavit. Journeylevel Wages https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx 9/29/2015 Page 3 of 3 County Trade Occupation Wages Fringes # # Workers Hours King Power Forklift: 3000 49.55 3.03 1 4.00 Equipment Lbs And Over Operators With Attachments King Laborers Jackhammer 39.43 3.03 1 4.00 King Laborers Cement 39.43 3.03 3 8.50 Dumper-paving Apprentice Wages Public Notes Show/Hide Existing Notes -- On 6/1/2015:-- The only additional services we provided was to pour a 12" Deep x 36" x 36" footer for the sculpture. https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx 9/29/2015 Natalie Wissbrod From: Misty Baker Sent: Monday, September 14, 2015 10:42 AM To: Natalie Wissbrod Cc: Casaundra Commodore Subject: FW: Question about payment Attachments: Final Acceptance Letter.pdf Natalie, Is this something you handle? Alaty 8cacer, CP4 Senior Finance Analyst City of Renton 425-430-6869 CITY OF 4.1011101.1.1.1.1* n on Re From: Elizabeth Higgins Sent: Monday, September 14, 2015 10:37 AM To: Misty Baker; Casaundra Commodore Subject: Question about payment Hello I don't know to whom this inquiry should be directed. Please forward as appropriate. The relocation of the art work, "Emerging," was completed and "accepted" by the City on May 15, 2015. A letter is attached verifying this. It is my understanding that the "retainage" should have been released to the contractor,Artech (CAG-12-149), on July 14, 2015 (60 days the date of acceptance). As of today, th $5,925 re fined from invoices LN0094174 and LN25187 has not been paid to Artech. Will you please tell what further needs to be done to have this payment made? Thank you Elizabeth ZtizaSet1-.1ZiVer 1+iins,Liaison jZen.ton.1liinicip t Arts Goynynission /Zen.ton.Git� Matt 1 Neir enlon 1(unlcrL a/ /rIs Commi'ssi'on June 26, 2015 Andrew Rubenstein ARTECH 865 Lind Ave SW Renton WA 98057 Re:Acceptance of"Emerging" Dear Andrew Thank you so much for the successful resiting of"Emerging" from Renton Community Park to its new location at Logan/Park and Garden Avenues. Although the necessary repairs meant the project was far more complex than originally anticipated,ARTECH wa5 able to navigate through them to project completion. I have received comments from people who have seen Emerging at its new, improved home and they are very happy it is there. This letter is to notify you that the City of Renton accepted the relocation of"Emerging" on May 15, 2015.This date relates to several clauses of our Agreement for Public Art Work (CAG-11- 020), specifically,Article 1.1(c);Article 1.6;Article 1.7;and Article 2.3. Thank you again and, if you have questions, please do not hesitate to contact me at 425-430- 6581. Sincerely Elizabeth Higgins, Liaison Renton Municipal Arts Commission Cc: C.E. "Chip"Vincent Gary Lamb James Wilhoit Natalie Wissbrod New' *4011 From: James P Wilhoit Sent: Wednesday, April 29, 2015 11:45 AM To: Casaundra Commodore Cc: Elizabeth Higgins; Judith Subia; Heather Ulit; Natalie Wissbrod Subject: RE: Artech It is not complete. James P. Wilhoit, PE Project Manager Transportation Design City of Renton WA (425)430-7319 (206) 818-9357 cell From: Casaundra Commodore Sent: Wednesday, April 29, 2015 11:44 AM To: James P Wilhoit Cc: Elizabeth Higgins; Judith Subia; Heather Ulit; Natalie Wissbrod Subject: Artech Hello James, The attached invoice is pending in Eden. Please let me know if the job is complete. If so, please complete the attached Certification for Release of Retainage form. We would also need an affidavit for the full contract amount in order to process payment. Thanks! eaoaiudka eonvnodote Accounting Assistant 1055 S Grady Way Renton, WA 98057 phone 425-430-6930 fax 425-430"6957 eeommodorrga rgntonwagov - 1 Natalie Wissbrod w From: ' James P Wilhoit Sent: Thursday, February 05, 2015 11:52 AM To: Elizabeth Higgins Cc: Bob M Hanson; Natalie Wissbrod Subject: RE: Artech CAG 12-149 Thank you James P. Wilhoit, PE Project Manager Transportation Design City of Renton WA (425)430-7319 (206) 818-9357 cell From: Elizabeth Higgins Sent: Thursday, February 05, 2015 11:48 AM To: James P Wilhoit; Natalie Wissbrod Cc: Bob M Hanson Subject: RE: Artech CAG 12-149 The repairs to the welds have been completed and the artwork is ready to be reinstalled. You will receive and invoice for the repair work, then a separate one for the reinstallation. Thank you! Elizabeth Elizabeth River Higgins, Liaison Renton Municipal Arts Commission City of Renton 1055 South Grady Way Renton WA 98057 425-430-6581 From: James P Wilhoit Sent: Thursday, February 05, 2015 11:30 AM To: Natalie Wissbrod Cc: Elizabeth Higgins; Bob M Hanson Subject: RE: Artech CAG 12-149 Contract is still in effect, but no more invoices have come through since the one you found. James P. Wilhoit, PE Project Manager Transportation Design City of Renton WA 1 (425)430-7319 (206) 818-9357 cell Nam" 'woe i From: Natalie Wissbrod Sent: Thursday, February 05, 2015 11:20 AM To: James P Wilhoit Subject: Artech CAG 12-149 Hi James, Artech has a contract CAG 12-149 in the amount of$19,359.60. I only find one invoice so far in the amount of$2,606.10 that we held retainage on back on 3/14/14. Has any more work been done, invoices come through? Just checking where we are at with them. Thanks- Natalie 2 ' ^ � "'�'' �� ✓�� '"+ Invoice No: LN25187-IN ��► ART EC F-I artechseattle com Date:2/12/2015 PRESERVING THE PRICELESS • ENGINEERING THE INVISIBLE -e- /1 9r Work Order: 25187,AR/mw ARTWORK LOGISTICS FINE ART CARE COLLECTION MANAGEMENT AND CONSULTING City of Renton 1055 S.Grady Way Payment Due: 2/22/2015 Renton,WA 98055 Customer Number: 01-CITYREN Amount Contact: Elizabeth Higgins Job Name:"Emerging'Sculpture Job Location:Carco to Garden Park/Lk.WA Blvd. WO#20084 Fabrication of new base out of stainless steel to match original appearance.Repair and fabrication only. Storage fees have not been assessed,and Artech will continue to store"Emerging'through February 2015 at no charge. Beginning March 1,2015 storage charges will be assessed at a rate of$251.00 per month. Fabrication Services:$9,470.00 Overview of"Emerging'phase-billing to date: fo i,,rNy Engineering-$2,776.92;Invoice 94171-IN;March 14,2014;Paid QCVi\ \De-installation-$2,606.10; Invoice 94174-IN; March 14,2014;$1190.00 unpaid Repair/Fabrication-$10,369.65;Invoice LN25187-IN; February 12,2015; new / t Monthly Storage-TBD (�f Re-installation-TBD /117(2v-is LI to/ �i 11. (224,0 o t(o . ' 4-i . & ' •4 V. Oo0 ( ot4-4..e-vv #46,116 µr5 Taxable Amount: 9,470.00 TERMS: Due by date listed above.A finance charge of 1.5%will be applied Non-taxable Amount: 0.00 to all outstanding amounts over 30 days.To pay by Visa, MasterCard,Amex or Discover please use space below.Your credit card number will not be retained. Net Invoice: 9,470.00 Name on card: Amount: Sales Tax: 899.65 Card Number: Expiration: Invoice Total: 10,369.65 Frame Shop • 2601 1 Ave. Seattle WA 98121 • 206.728.8822 PH • 206.728.1521 FX Corporate/Remit • 865 Lind Ave. SW Renton WA 98057 • 206.728.8822 PH • 425.271.0804 FX �' q11 °� InvoiceNo: 0094174-IN 1. ART EC H 0 /1 .0) Date:3/14/2014 COMPREHENSIVE SERVICES TAILORED SOLUTIONS �,,'//ip��'"f ,A.. 'f�'� '/ Work Order No:24174, Denise B ARTWORK LOGISTICS R � /� ,!� J FINE ART CARE `� COLLECTION MANAGEMENT AND CONSULTING d, VISA/Mastercard/Discover No: Expiration Date: C AR �241 Name as printed on card: City of Renton q ihervz, 1055 S. Grady Way penton Payment Due: 3/24/2014 Renton, WA 98055 ayab/e Customer Number: 01-CITYREN Amount Contact: Elizabeth Higgins Job Name: "Emerging"Sculpture Job Location: Cargo to Garden Park/Lk. WA Blvd. WO#: 20084 November 13, 2013: De-install "Emerging"sculpture and deliver to Artech for repairs and engineering. Labor only. Prevailing wage fees to be applied to final invoice. 1/3 of project management included. Labor: $2380.00 sy yi7 l 2_2-(a03- i S" • Q� CHARTER 116, LAM. OF 1965 CITY OF RENTON CERTIFICATION 1,YI4g UNOERSIGNED r7 H!E"RFBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE UATER±ALS HAVE BEEN FURNISHE6, THE MIMES RENDERED C,fi.THE LABOR PERFORMED AS DESCRIBED HERE!N,AND T-IAT THE CLAIM tS JUST,DUE ANE UNPAID OBLIGATION AG;.NS? THE Cr r OF RENTON, ANP THA(T/II AM AUTHORIEEi?,-,. :JT E TICATE.AND CERTIFY TO �}""IfJ CLAIM! 4 /Aft ili,01 ies,(, ,IY1GC Taxable Amount: 2,380.00 f ! Hb.iri Non-taxable Amount: 0.00 TERMS: Net 10 days: V A finance charge of 1X%will be Net Invoice: 2,380.00 / charged on all past due accounts. Sales Tax: 226.10 Y You have the option of paying this invoice by VISA, Mastercard or Discover. Invoice Total: 2,606.10 ( /, /(P./0 865 Lind Avenue SW Renton WA 98057 ► 206.728.8822 PH ► 206.728.1521 FX ► artechseattle.com rwr..r _ - A1 TECH t@fit'°. ,Mt`t, tri7@, T• it,; 3C *- June 12, 2012 Jennifer Davis Hayes Renton Municipal Arts Commission • Community and Economic Development Renton City Hall 1055 Grady Way, 6th Floor Renton, WA 98057 Proposal submitted by Denise Bisio and Mike Hascall Emerging REP response Project Approach: Concrete prep: dig hole pour pad and 1,530.00 pedestal (24X20X20) Concrete to be tinted med grey 3 Materials 650.00 V Crew to brace sculpture, drill pad, pour 680.00 concrete breaker c/� Set up scaffold, pickculpture, deliver for 2,040.00 repair i Return sculpture and install 2,295.00 Remake the bottom column, refinish 9,300.00 sculpture as close to original.. Project Management 1,020.00 k • Prevailing wage fees and administration 165.00 Total 17,680.00 WSST 1679.60 TOTAL 19,359.60 References: Greg Smith GQsmith®kcls.org 425-369-3237 King County Library System Bruce Miller bruce@bfmiller.com 425-985-5511 Painting Conservator Mary Pat Byrne MPByrne@beltevuewa.gov 425-452-4105 260t art Avenue 204.726.022 ttki WA 98121 Qr 3tle.ca..� Natalie Wissbrod ..r, From: Hai Nguyen Sent: Friday, May 02, 2014 10:39 AM To: Natalie Wissbrod Cc: Misty Baker; Kari Roller; James P Wilhoit; Juliana Fries Subject: Account for Arts fixture relocation from Carco Theater to Garden Ave Project Please use the following account to record expenses related to the relocation of the Arts fixture from Carco Theater to Garden Ave Project. 317.122603.016.542.60.48.000-GARDEN AVE- REPAIRS& MAINTENANCE Let me know if you have any questions. Thank you. Hai Nguyen 1 Sr. Finance Analyst City of Renton,Admin Svcs Dept. P:(425)430-69521 F:(425)430-6957 ON\T • 1 Page 1of3 Ntegoe 404.•00 State of Washington `05v Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Document Received Intent ID: Affidavit ID: Status: Approved On Date: 11/14/2013 604575 11/20/2013 Company Details Company Name: ARTECH INC Address: 2601 FIRST AVE SEATTLE, WA, 98121 Contractor Registration No. ARTECI*054C1 WA UBI Number 600260769 Phone Number 206-728-8822 Industrial Insurance Account ID 38728600 Email Address deniseb@artechseattle.com Filed By Bisio, Denise Prime Contractor Company Name ARTECH INC Contractor Registration No. ARTECI*054C1 WA UBI Number 600260769 Phone Number 206-728-8822 Project Information Awarding Agency RENTON, CITY OF 1055 S GRADY WAY RENTON, WA - 98055 Awarding Agency Contact Elizabeth Higgins Awarding Agency Contact Phone Number 425-430-6581 Contract Number https://fortress.wa.gov/Ini/wagelookup/IntentDetails.aspx 04/30/2014 Page 2 of 3 *me 'tore Project Name 24714_Emerging sculp Contract Amount $19,852.00 Bid due date 10/8/2012 Award Date 10/15/2013 Project Site Address or Directions Payment Details Check Number: Transaction Id: 104139512 Intent Details Expected project start date: (MM-DD-YYYY) 11 /12/2013 In what county (or counties) will the work be King performed? In what city (or nearest city) will the work be Renton performed? What is the estimated contract amount? OR is $19,852.00 this a time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY No subcontractors? Does your company intend to hire subcontractors No to perform ALL work? Will your company have employees perform Yes work on this project? Do you intend to use any apprentices? No (Apprentices are considered employees.) How many owner/operators performing work on 0 the project own 30% or more of the company? Journey Level Wages County Trade Occupation Wage Fringe Workers King Power Equipment Operators Forklift: 3000 Lbs And Over $49.55 $3.03 1 With Attachments https://fortress.wa.gov/Ini/wagelookup/IntentDetails.aspx 04/30/2014 Page 3 of 3 *woo *owe King Laborers Jackhammer $39.43 $3.03 11 King Laborers General Laborer $38.66 $3.03 3 Public Notes 9 Show/Hide Existing Notes No note exists • https://fortress.wa.gov/Ini/wagelookup/IntentDetails.aspx 04/30/2014 Natalie Wissbrod Nemo ,01.00 From: James P Wilhoit Sent: Wednesday, April 30, 2014 11:11 AM To: Natalie Wissbrod Cc: Elizabeth Higgins Subject: RE: Artech CAG 12-149 Attachments: 20140430091126871.pdf; djcadv.pdf No. It was advertised in the Daily Journal of Commerce. See attached. James P. Wilhoit, PE Project Manager Transportation Design City of Renton WA (425) 430-7319 (206) 818-9357 cell Original Message From: Natalie Wissbrod Sent: Wednesday, April 30, 2014 9:39 AM To: James P Wilhoit Subject: Artech CAG 12-149 Hi James, The attached check list says that we obtained Artech via phone bid/written quote. Was the small works roster used? Thanks - Natalie Original Message From: Cynthia Moya Sent: Wednesday, April 30, 2014 9:26 AM To: Natalie Wissbrod Subject: FW: Message from "CityClerks" Thank you, Cindy Moya, Records Management Specialist City of Renton - Administrative Services/City Clerk Division cmoyaPrentonwa.gov 425-430-6513 Original Message From: PDECopy Sent: Wednesday, April 30, 2014 9:11 AM To: Cynthia Moya Subject: Message from "CityClerks" This E-mail was sent from "CityClerks" (Aficio MP 6001) . Scan Date: 04.30.2014 09:11 (-0700) Queries to: PDECOPY(rentonwa.gov 2 - - NIMNINIe '4410110110 OPERI D ADVERTISER/CLIENT NAME DAILY JOURTe /v-itERCE 06/08/12-06/08/12 ;City of Renton 3 TOTAL AMOUNT DUE INVOICE NO. TERMS OF PAYMENT 75.85 3263119 Net 30 PO BOX 11050,SEATTLE,WA 98111 206-622-8272 FAX 206-622-8416 Federal I.D.#91-0193790 ADVERTISING INVOICE BILLED ACCOUNT NAME AND ADDRESS 191 PAGES BILLING DATE 1 r6/08/12 BILLED ACCOUNT NUMBER 3027 Aotredieseifilertkidrfli City of Renton Office of City Cleric 1055 S GRADY WAY JUN 1 9 2612 Renton WA 98055 RECEIVED CITY CLERK'S OFFICE PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE DATE 111 NEWSPAPER REFERENCE 1111111 DESCRIPTION-OTHER COMMENTS/CHARGES 111 SAU SIZE TINES RUN I BILLED UNITS RATE GROSS?OMNI NET AMOUNT 06/08 285018 BC:PUBLIC ART SCULPTURE 1x37L 1 75.85 06/08 C MOYA 37L 2.05 ****DUPLICATE COPY**** • • Daily Journal of Commerce INVOICE NUMBER BE I Fn ACCOUNT NUMBER ADVERTISER/CLIENT NAME TOTAL AMOUNT DUE PO BOX 11050,SEATTLE,WA 98111 3263119 1113027 City of Renton 75.85 EXECUTIVE DEPARTMENT _ D Q tEM *- MEMORANDUM DATE: June 19, 2012 �. TO: Jennifer Davis Hayes,Community Development Project Manager FROM: 'Jason Seth, Deputy City Clerk SUBJECT: Legal Publication, Daily Journal of Commerce The attached billing statement for the "Public Art Sculpture Repair and Relocation" ad published in the Daily Journal of Commerce, is being forwarded to you for payment. If you have any questions, please call met at ext. 6504. Thank you. Attachments Nom" Immo • STATE OF WASHINGTON—KING COUNTY --ss. 285018 No. City of Renton Affidavit of Publication The undersigned,on oath states that he is an authorized representative of The Daily Journal of Commerce,a daily newspaper,which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to,published in the English language continuously as a daily newspaper in Seattle,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper.The Daily Journal of Commerce was on the 12th day of June, 1941,approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed,was published in regular issues of The Daily Journal of Commerce,which was regularly distributed to its subscribers during the below stated period.The.annexed notice,a BC:PUBLIC ART SCULPTURE was published on 06/08/12 The amount of the fee charged for the forego..ig sublication is the sum of$ 75.85,which amount has been paid in full, 61-ai-L 4{2 Subscribed an' wo to before me on 40P -• 06/08/12 erp, dip Notar) .ublic .r the State of Washington, siding in Seattle .. --',,-' ,''-,--,,,,,,-11---...-,..-,,,-.•,-,. ,,•-,,".- ,':',' ,' .... . ..- .•-' • • . • ' I • State of Washington, King County . ..._ ......„ CitT:Cifii eAti0.4L:.:::::, ,,..„ .::, .....',..i••:: ITubliASculptureC:: il'.. .,,..,..,: :::. ,•_..: 1 ... . •,,.,.• •, ,-• • :" ..,Repairan. ct Relocation :.-. . .:.„.„ ,,,...: , .-. ..., :,...,.,. Proposals Ijiet.:jtine 22•-•::.„•-; -;,1•,,:,'::,'..:,-..-:,cq:X:0Tf. . ENTOi,:-:-. ::.,,..::::: L '!.... .,;.L,?.. 47.4, 01:.;:4-.P ;i4i .,e...4, 1"01i#:Ait-;541.P-tiria.A.epair,-,:; i'•,.. ,•-•,.,.. and 4at.zMat...icip:..E-,....g1„.,!:..i,1 ,:.• •,..T,1 ,,Pity.-4,11.07.nroa-tlii'Otz6j4,! ,'1‘1,4440,PalArt.4pramia00;rseeks.1 to,01„icit1?itia:;.-ftir•,tie.3740.1r.a.mi relocation of a bronze and-stainl • e •# e1..pcu,t13....41re.:: •:,. :1,:,•,•,,-• - —..,,,,,,,,..,,_,,:..„•.,,, 11-. .,,,Mti:Itaq-eiest,Tor-7Priiiosal'! : document,., .).013ing•:;.pc.ope::41a1:1,. submittal reci1tieraaf*;'::iaF-.0],.:' • ab10, irtfitiaeity:*eb,•aite-..ler.4F-vv.-11 .. .. • ••: -, •. • reritorma4ov, Ort,,•,::tb.e•,,tcall -,for i B :::.,.:Page;,-::,:.13.ttryfiretitOneva;goiq, :,busitieasidefauit.aveitli324 . : •:.Prop006.1.9:tatiart4-:racOiyeri•by,•405.6.,i p.m.,::Fe.iday,glum. 22, 2012,-.: atSt,.iiEconomic.1 Devplc;pilie0t,.: 114a.r.trOat,:,'iOthl Floor;:,,Ci4:::)Etalli,:city.off;.aat,?;a1., 1055,5ktoii,;:..WAi • 9.8057, ,i: ,,:.,.,,•:.' ,:,.'••••,::',.,••,:L• QuestionOshoiild be Adirectectto. • ••JenniferDasziiaiSires Conitinitiity 14r Peveloprap4Projact:Marlager; . . at:)d avisharantonvora.tov.-or : 425,430,65 8 9:•• .:•:•.i•;:E,,',,:•••::::. ,•-.•••-•••i' • : •••1361:Lide LWEiltbit.•;••:::•::,•: .'•:••••••1:••: • . • .. ::.•,: ••.. : . . . ••CitjrCldikt• ••':'•••'•:' ••••:: ':,• .., • :.•: ... -• ,. • •.. :;•'Date of.P0.1,iCation ia thb.Peattla . ; Daily . 8,2012.':".-' : --•.:-.--::•:.:-..,-, • •, 8(285018) • • Page 2 of affidavit • IR • CAG-12--149 PUBLIC WORKS DEPARTMENT CONTRACT AGREEMENT Repair and Relocation of"Emerging" Sculpture (part of Garden Avenue North Widening Project) THIS AGREEMENT is made as of the Ro day of 61141400 , 2012, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as"CITY" and ARTECH, INC. , hereinafter referred to as"CONTRACTOR". The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement as Exhibit'A". 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions,deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten (10)calendar days after Contracts final execution, and shall complete the full performance of the Contract not later than 60 calendar days from the date of commencement. 4. Term Of Contract.The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the lump sum of $19,359.60, which includes Washington State Sales Tax. (figures only) 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty(30)days after receipt of such voucher or invoice. The City shall have the right to • withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Employment.The Contractor's employees are not employees of the City of Renton. 8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 9. Record Keeping and Reporting. The 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 any records required by the City. 114.0 14000 Repair and Relocation of"Er ing"Sculpture 10. Hold Harmless. The Contractor shall indemnify and hold the City, its officers,employees, agents and representative harmless from any and all claims,demands and actions based upon or arising out of alleged errors, omissions or acts of negligence of the Contractor or its associates,employees, sub- contractors or other agents while performing service under this Agreement. It is understood and agreed that the Contractor's general liability insurance policies defend,or shall be endorsed to defend, the City from claims of bodily injury and/or property damage arising out of any alleged acts of negligence of the Contractor or its associates,employees,sub-contractors or other agents while performing services under this Agreement. "It is specifically understood that the indemnification provided herein constitutes the contractor's waive of immunity under the Industrial Insurance Act,Title 51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement." • 11. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance requirements: General Liability insurance in the amount of$1,000,000 per • occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of$1,000,000 per claim;Automobile Liability in the amount of$1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be named as a PRIMARY&NON-CONTRIBUTORY Additional Insured on the insurance policy and an endorsement stating such shall be provided. 12. Compliance with Laws. The 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. 13. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State prevailing wage requirements as set forth in the Contract Documents. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON A,/ LAStes24,0 Signature ignature n. Gregg A.Zimmerman , Public Works Administrator Printed Name and Title Printed Name and Title ARTECH, INC. Business Name 865 Lind Ave SW Mailing Address Renton WA 98057 City State Zip 206-728-8822 Telephone June 12, 2012 Jennifer Davis Hayes Renton Municipal Arts Commission Community and Economic Development Renton City Hall 1055 Grady Way, 6th Floor Renton, WA 98057 Proposal submitted by Denise Bisio and Mike Hascall Emerging RFP response Project Approach: Concrete prep: dig hole, pour pad and 1,530.00 pedestal (24X20X20) Concrete to be tinted med grey Materials 650.00 Crew to brace sculpture, drill pad, pour 680.00 concrete breaker Set up scaffold, pick sculpture, deliver for 2,040.00 repair Return sculpture and install 2,295.00 Remake the bottom column, refinish 9,300.00 sculpture as close to original. Project Management 1,020.00 Prevailing wage fees and administration 165.00 Total 17,680.00 WSST 1679.60 TOTAL 19,359.60 References: Greg Smith GQsmith®kcls.org 425-369-3237 King County Library System Bruce Miller bruce@bfmiller.com 425-985-5511 Painting Conservator Mary Pat Byrne MPByrne@bellevuewa.gov 425-452-4105 26o1 Fift Awebilf. 20&7281422 S, WA 51121 ortenetage,csol • _. _ _. • _ -<,r. �+V l� V V r*0-" 1dr]C�r 3•Jl�6 9 S itO' 'V �Jt tg billing is likely to exceed the estimate for the described Services by more than 10%.Any modifications to the scope of Services described in this Proposal will be provided at an additional charge and will require a signed Work Order. Charges for Services are provided on a portal-to-portal basis,meaning from job start at Artech's offices and continuing until the return to the Artech offices.The estimated charges are exclusive of applicable taxes,insurance and other related costs and charges as described below,which will be included in the Client invoice. • • Client is solely responsible for obtaining insurance to cover any loss or damage to its Objects. Clients may acquire insurance through Artech's insurance agent as described in Section 6 on the reverse side of this Proposal. This Proposal is valid for up to 90 days from the date submitted. Acceptance of Proposal- Client agrees to the terms Client Name: and-conditions set forth in this proposal, including the Additional Terms and Conditions for Service set forth on page 2 of this Proposal. By: Its: • Date of Acceptance: Additional Terms and Conditions for Service 1. Services.By signing the front page of this Proposal within the acceptance period,Client agrees to have Artech perform the Services as provided in this Proposal and Artech agrees to perform the Services in good workmanlike manner in accordance with the terms of this Proposal and current standard practices.Even if not signed by Client,this Proposal will be binding upon Client at the time that Client directs Artech to begin, and Artech does begin,performing the Services.If Client requests Artech to engage the services of others with respect to the Objects,Client agrees that Artech shall act as the agent of Client and shall not be liable for any loss or damage relating to such Services. 2. Ownership.Client represents and warrants to Artech that it is the legal owner or haslawful possession of the Objects and has the legal right and authority to enter into this Proposal.Client agrees to defend,hold harmless,and indemnify Artech from and against any allegation or claim based on,or any loss,damage,settlement,cost,expense,and any other liability resulting from a breach of this Section 2. 3. Payment Terms.Payments for invoiced charges are due within 10 days of the date of invoice.Late payments shall accrue interest at the lesser of 1.5%per month or the highest rate allowed under applicable law. . 4. Default.Client shall be in default under this Proposal if Client fails to(a)pay past due amounts within three days of receipt of written notice,or (b)cure any other breach of this Proposal within 10 days of receipt of written notice.Upon any such breach,Artech shall have the right to terminate this Proposal and its obligations hereunder without further notice to Client.The rights and remedies set forth in this Proposal are not exclusive and are in addition to any other rights or remedies that exist in law or equity. 5. Limitation of Liability.Artech shall not be liable for loss or damage to Client's Objects except to the extent that such loss or damage is directly attributable to,and arises solely as a result of.Artech's negligence:provided that in no event shall Artech's liability exceed the fees paid or payable to Artech under this Proposal.IN NO EVENT WILL ARTECH BE LIABLE FOR LOST OPPORTUNITIES OR PROFITS,OR FOR CONSEQUENTIAL,SPECIAL,PUNITIVE,OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER. 6. Insurance.ARTECH DOES NOT INSURE CLIENT'S ARTICLES AGAINST LOSS OR DAMAGE,HOWEVER CAUSED.CLIENT IS SOLELY RESPONSIBLE FOR INSURING ANY LOSS OR DAMAGE TO ITS OBJECTS.Upon request,Artech will contact its insurance agent to assist Client in acquiring insurance.If Client desires to purchase insurance from Artech's insurance agent,Artech may include the cost of insurance in Artech's regular invoice to Client Client may choose to obtain insurance from any other source or may choose to have their articles uninsured.If client obtains insurance for the stored articles,Client agrees to name Artech as an additional insured. 7. Confidentiality.Objects or information pertaining to Client's Objects will not be released by Artech to any party other than the Client or those identified in writing by the Client as authorized to receive the Objects or information,or as otherwise required by law.Client agrees that it will protect and keep confidential the terms and conditions of this Proposal and any other information obtained from Artech in connection with this Proposal that is identified as confidential or proprietary or that,given the nature of such information or the manner of its disclosure,reasonably should be considered confidential or proprietary. 8. Condition/Duty to Disclose/Inspect Client shall disclose in writing to Artech any known damage and/or defects existing in the Objects prior to delivery to Artech for performance of the Services;provided that this list shall not be deemed a complete list of all existing damage and defects. Artech shall not be liable for any(a)damage to,or defects m,the Objects existing prior to delivery of the Objects to Artech,(b)ordinary wear 865 LIND AVE SW I RENTON, WASHINGTON 98057 WWW.ARTECHSEATTLE.COM I 206-728-8822 *ewe *vosvoii0 ARTEC• and tear,or(c)any perishable Objects.Upon completion of the Services,Client shall inspect the Objects for damage.Any claim of damage must be presented to Artech upon completion of the Services. - 9. Attorneys Fees and Costs.In the event of litigation arising out of this Proposal,or a claimed breach thereof,the substantially prevailing party shall be entitled to recover its reasonable attorneys'fees and related costs. 10. Disputes.Disputes arising from this Proposal will be resolved in the state or federal courts located in King County,Washington,and Client consents to be subject to the jurisdiction of these courts. 11. Disclaimer.ARTECH DISCLAIMS ALL WARRANTIES AND CONDITIONS,EXPRESS,IMPLIED,OR STATUTORY,INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Force Majeure.Neither party will be liable for any loss or damage or be deemed to be in breach of this Proposal due to any event or circumstance beyond its reasonable control,including,war,invasion,civil unrest,electrical shortages,terrorist attacks,earthquakes,or other natural disasters. 13. Additional Provisions.This Proposal,together with any corresponding Work Order,constitutes the entire agreement between the parties with respect to the subject matter hereof.No changes to the provisions of this Proposal shall be valid or enforceable without the express written • acceptance by Artech.The parties may use standard business forms or other communications,but use of such forms is for convenience only and does not alter the provisions of this Proposal.Any notices under this Proposal must be in writing and delivered in person or sent by first class mail,overnight delivery by a nationally recognized carrier or facsimile to the address for the recipient set forth in this Proposal.Either party may give the other party notice of such change in address in accordance with this Section 13.This Proposal may be executed by facsimile and in counterparts.A waiver of any default is not a waiver of any subsequent default.Unenforceable provisions will be modified to reflect the parties' intention,and remaining provisions of the Proposal will remain in full effect. • • • • • 865 LIND AVE SW I RENTON, WASHINGTON 98057 WWIV.ARTECHSEATTLE.COM I 206-728-8822 Natalie Wissbrod '".•.r' lalftve From: Elizabeth Higgins Sent: Thursday, April 17, 2014 4:13 PM To: Bob M Hanson Cc: Misty Baker; James P Wilhoit; Chip Vincent; Judith Subia; Gregg A. Zimmerman; Natalie Wissbrod Subject: RE: Artech Invoices Bob There is no "additional work." The current [Transportation] contract includes $9,300 for repairs to the artwork. CED authorized an engineering assessment (not a part of the Transportation contract) of what exactly needs to be done to fix the artwork. The "new contract" states specifically what is required to fix it in terms of parts replacement and welding. The total amount is less than the original contract. I do not anticipate the need to "transfer funds to the Transportation account for this project." If for some reason an unforeseen condition arises that increases the costs of the repairs, Peter Renner has agreed that the facility maintenance budget could be utilized, since that is how public art is maintained ("repaired"). Thank you. Elizabeth Original Message From: Bob M Hanson Sent: Thursday, April 17, 2014 4:03 PM To: Elizabeth Higgins Cc: Misty Baker; James P Wilhoit; Chip Vincent; Judith Subia; Gregg A. Zimmerman; Natalie Wissbrod Subject: RE: Artech Invoices Elizabeth, Making the additional work a supplement to the original agreement is OK, provided there is budget to cover, i.e. funds would have to be transferred to the Transportation account for this project, the supplement follows the format of the original, and Gregg Zimmerman signs the supplemental agreement. It is also OK for CED to create a separate agreement for the additional work that is signed by Chip or the Mayor. If that is the path we follow, Artech will have to be careful to bill for their work in accordance with the agreements. I hope one of the above works for you Original Message From: Elizabeth Higgins Sent: Thursday, April 17, 2014 1:23 PM To: Natalie Wissbrod Cc: Misty Baker; James P Wilhoit; Chip Vincent; Judith Subia; Bob M Hanson; Gregg A. Zimmerman Subject: RE: Artech Invoices The invoice from James is charged to the Transportation contract. The invoice from me should be charged to 1% for the Arts. The reason the work is split is because the artwork, "Emerging," is public art. It is being relocated from the Carco Theatre to the corner of Logan and Garden as part of the road improvements. That is why there was $20,000 in the Transportation project grant from WSDOT for art. The artwork, however, is in need of repair before it can be reinstalled. The Transportation dept would not pay for the engineering required to assess the amount of damage and what would be required to repair it. Therefore, the CED (as the dept in which the Arts Commission resides) approved the engineering costs. The RMAC has responsibility for maintaining the public art collection. The RMAC funding is from the 1% for the Arts Program. I asked if I could manage the contract, since the road project has been completed, but I was told "no" by Transportation. I then asked if the new contract, which includes repair of the artwork, 1 could be added to the existing contract as an addendum (the contract amount is less than the original contract) . I havelim.mw-- waiting to hear back from Tra tation. If I do not hear from them in specified amount ore, the City will be charged a rage" fee for the artwork by the restorers who are waiting to start work. Elizabeth Original Message From: Natalie Wissbrod Sent: Thursday, April 17, 2014 12:57 PM To: Judith Subia Cc: Elizabeth Higgins Subject: RE: Artech Invoices Judith, Does your invoice fall under the same Artech contract of CAG 12-149? If so why are we splitting work between two departments? Thanks - Natalie Original Message From: Judith Subia Sent: Friday, April 11, 2014 12:23 PM To: Natalie Wissbrod Subject: RE: Artech Invoices Hi Nat, Yes, that's correct. They'll pay that invoice and I'm processing the $2,776.92 invoice. I just got approval from Elizabeth. Thanks for checking, Judith Original Message From: Natalie Wissbrod Sent: Friday, April 11, 2014 12:14 PM To: Judith Subia Subject: RE: Artech Invoices Judith, It looks like Transportation is processing the invoice for $2,606.10. Should they be? And if so, should they process the other invoice for $2,776.92? Natalie Original Message From: Judith Subia Sent: Wednesday, April 09, 2014 3:17 PM To: Natalie Wissbrod Subject: RE: Artech Invoices I'll forward to Elizabeth for authorization and process it for payment. Thank you! Original Message From: Natalie Wissbrod Sent: Wednesday, April 09, 2014 2:53 PM 2 To: Judith Subia Subject: FW: Artech Invoices _,_ '4rNwe I was wrong, per Diane it looks like they might belong to you. Original Message From: Natalie Wissbrod Sent: Wednesday, April 09, 2014 2:43 PM To: Judith Subia Subject: FW: Artech Invoices Judith, Disregard for now, I don't think they belong to you. Nat Original Message From: Natalie Wissbrod Sent: Wednesday, April 09, 2014 1:17 PM To: Diane Wagner; Judith Subia Subject: Artech Invoices Hello, I was wondering if the attached statement from Artech would be for either of you? I am not showing the invoices on their statement as paid or pending. Thanks - Natalie 3 CORRESPONDENCE SECTION CITY OF RENTON �Ir► 'rrrf SEP 232015 PUBLIC WORKS DEPARTMENT D ctyae 's OFFICE MEMORANDUM DATE: September 21, 2015 TO: Gregg Zimmerman, Public Works Administrator FROM: Doug Jacobson, Deputy Public Works Administrator, x7242 STAFF CONTACT: James P. Wilhoit, Transportation Design Project Manager, x7319 SUBJECT: CAG 12-149 Repair and Relocation of Emerging Sculpture Contract with Artech, Inc. (part of Garden Avenue North Widening Project) Certification for Release of Contract Retainage The City is in the process of paying the third and final invoice from ARTECH, Inc. for subject work, which will result in payment in full of the contract amount of$19,359.60. Finance needs the attached certification approved in order to release the contractor's retainage. We request that you sign the Department Head Level Acceptance block, and return to James Wilhoit for further processing. Attachments:Certification for Release of Contract Retainage Contract with Artech,Inc.(CAG 12-149) Final Artech Invoice for$6,383.85 cc: Bob Hanson,Transportation Design Supervisor James P.Wilhoit,Transportation Project Manager H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\Garden Avenue\800 Miscellaneous\802 Pub art\contractpackage\gardenartretrel Issue Paper.doc AC 1eD® CERTDATE(MM/DD/YYYY) ,' -'CATE OF LIABILITY INSUR/ 'CE 3/25/2015 r.iil THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Greta Perales NAME: Wycoff Insurance Agency Inc. (A/C.No.Ext): (3 6 0)336-2112 FAX No): (360)336-5241 501 South 2nd Street E-MAIL ADDRESS:grets coffinsurance.com ., P. O. Box 1010 ...e`I ® INSURER(S)AFFORDING COVERAGE NAIC# CE,1v� WA 9'" Mount Vernon REINSURERA:NOrth Pacific Insurance Comp. INSURED f,G INSURER B: ARTECH, INC. \MAR 31 7 I\J ms INSURER C: 865 Lind Ave SW 1`j1 INSURER D: �nsP n SYgtems ptv. Or[at10 INSURER E Renton WA 980 _ INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 liab. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE W ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR VD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 100,000 C09 168 717 4/1/2015 4/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED C09 168 717 4/1/2015 4/1/2016 BODILY INJURY(Per accident) $ AUTOS — NON AUTOS -OWNED PROPERTY DAMAGE X HIRED AUTOS S AUTOS Per accident $ Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 C09 168 717 4/1/2015 4/1/2016 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/H ANY PROPRIETOR/PARTNER/EXECUTIVE IWASHINGTON STOP GAP ONLY E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA C09 168 717 4/1/2015 4/1/2016 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE: $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CITY OF RENTON IS ADDED AS ADDITIONAL INSURED AS REGARDS TO WORK PERFORMED ON THEIR BEHALF BY THE NAMED INSURED AS PER THE ATTACHED ENDORSEMENT CG 8583 10 05. c t Z. i Al CERTIFICATE HOLDER CANCELLATION (425)556-2363 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF RENTON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUBLIC WORKS DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: JAMES P. WILHOIT J , 1055 SOUTH GRADY WAY AU RI, D REPRESENTATIVE 6TH FLOOR ,' RENTON, WA 98057 �� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I NS025(201401) COMMERCIAL GENERAL LIABILITY CG 8583 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person(s)or organization(s)whom you have agreed to add as an additional insured in a written contract or written agreement, but only with respect to liability for"bodily injury"or"property damage"caused by performed for that additional insured and included in the "products-completed operation hazard our work" B. The following additional provisions apply to the additional insured: 1. When the Named Insured is required to add an additional insured on this policy in a written contract or written agreement; the written contract or written agreement must be: a. Currently in effect or becoming effective during the term of this policy; b Executed prior to the"bodily injury,"or "property damage", and c. Between a Named Insured and the additional insured 2. That person or organization is an addition I insured only for liability caused by your negligence specifically resulting from "your work"for t a additional insured which is the subject of the written contract or written agreement. No covera a applies for any liability due to negligence attributable to any person or entity other than the Named Ins red, the Named Insured's employees or subcontractors 3. The Limits of Insurance applicable to the additional insured are the lesser of: a. Those specified in the written contract or written agreement, or b. Those provided by this policy and defined in Section III - Limits Of Insurance. These Limits of Insurance are inclusive of, and not in addition to, the Limits Of Insurance shown in the Declarations and defined in Section III- Limits Of Insurance. 4. The insurance provided to the additional insured does not apply to: "Bodily injury"or "property damage"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities CG 8583 10 05 Includes Copyrighted Material of ISO PropertiesInc with i E 585 00 , , its permission Page 1 of 2 Niroo slime 5. The following replaces Exclusion I. under Paragraph 2., Exculsions of Section I- Coverage A - Bodily Injury And Property Damage Liability: I. Damage To Your Work This insurance does not apply to "property damage"to "your work"arising out of it or any part of it and included in the "product-completed operations hazard". 6. We have no duty to defend or indemnify an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than the Named Insured, the Named Insured's employees or subcontractors. b. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or"suit"from the additional insured as required in Section IV- Conditions, Duties In The Event Of Occurrence, Offense Claim Or Suit. C. Section IV- Conditions are amended as follows: 1. The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement must comply with all provisions of this section. 2. As respects the coverage provided under this endorsement, Paragraph 4.b., Other Insurance is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and non-contributory basis. CG 8583 10 05 Includes Copyrighted Material of ISO PropertiesInc with its permission E 556 00 , , Page 2 012 IOW ter++ ADMINISTRATIVE SERVICES DEPT. _ �■" Q lO :;fir• City Clerk Office MEMORANDUM DATE: October 17, 2012 TO: James Wilhoit, PW-Transportation FROM: Cindy Moya, Records Management Specialist SUBJECT CAG-12-149—ARTECH, Inc. The attached document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file.The City Clerk has retained an original for the file. Thank you! h:\records specialist\correspondence&memos - cindy\contract - fully executed.doc �s`“ \t, AJ LS - City Clerk City Clerk Number .NTo Checklist CA6-11q1-17 Select One: xrContract n Permit Lease X Agreement Contract Type (assigned by City Clerk) Staff Name: James P. Wilhoit Extension: 7319 Department/Division: PW/Transportation EDEN Approval Queue: 6,) AJ5� Addendum Number: to City Clerk Number: (if applicable). Contract Class: Receivable IXI Payable n Grant I I Misc. (no$) Expiration Date: /2. N/A Contractor Name: ARTECH, Inc. Short Description: South Lake Washington Roadway Improvements(Garden Avenue Widening)Artwork r Full or Additional South Lake Washington Roadway Improvements(Garden Avenue Widening) Repair and Relocation of Description: "Emerging" Sculpture CITY OF RENTON\ii," X Legal Review(attach memorandum from City Attorney) Cl 4,0 IXI Risk Management review for insurance (attach memorandum from Risk Management) OCT 16 2012 IXI Insurance certificate and/or policy (attach original) RECEIVED CITY n Response to legal or Risk Management concerns (explain, in writing, how concerns have been met) CLERK'S OFFICE n Performance bond and verification memo from staff(for Public Works contracts only) Ill Federal excluded parties list verification (Website: www.epls.gov; attach printout of search results) X City business license number: 023728 Check EDEN or ask Finance Department. I I Accounts payable W-9 vendor form (obtain if not already on file with Finance Dept.) Submitted contracts are signed by contractor: X Yes No If not, provide explanation below. Fiscal Impact: n Expenditure or n Revenue Amount Budgeted: Amount: $ 19,359.60 (line item;see below*): $ 19,359.60 Prior Council approval via agenda bill process required if: (see policies 250-02 and 800-12) I I Contract or addendum is$20,000 or over(non-Public Works) or$30,000 or over(Public Works). *Contract expenditure amount exceeds budgeted amount; fund transfer needed. Ill Addendum is for the second and additional time extensions. n Interlocal Agreement (most Interlocal Agreements require Resolutions) Date of Council Approval: Resolution Number: Contractor determined via: n Phone Bid/Written Quote CFB Ad (if applicable) (if applicable) Consultant Roster RFP/SOQ Ad Application I 1 Sole Source Key words for City Clerk's electronic card file: South Lake Washington Roadway Improvements, Garden Avenue Widening, Repair and Relocation of"Emerging" Sculpture PrInt. OI Revised 07/23/2008 40;, ,,Se CITY NftieF RENTON Office of the City Attorney Kathy Keolker-Wheeler, Mayor Lawrence J.Warren Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S. Nielsen Carmon Newsom II Sasha P. Alessi MEMORANDUM To: Sandra Pilat From: Lawrence J. Warren, City Attorney Date: August 9, 2005 Subject: Contract—Small Works The contract document used for small projects is approved as to legal form. It should be limited to jobs under $100,000.00. Appropriate bid or negotiation laws should be followed prior to entering into this or any other contract. • Lawrence J. arren LJW: scr cc: • . :Jay Covington AUG 1 0 2005 CEIVED c►rY eF liffNTON COF"1'1tUl�'1TY SER CE Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 R E N T O N NW 1 h1) U 1- '1'I 1 It;K V P: This paper contains 50%rocyclod nvaterial.30%post r onsurner : C �: Nemo A �, Human Resources & Risk Management • • self' MEMORANDUM DATE: October 12, 2012 TO: James P. Wilhoit, PE Project Manager Transportation Design FROM: Gary B. Lamb, Risk Manager SUBJECT: Insurance Review/Artech, Inc. Repair and Relocation of"Emerging" Sculpture (part of Garden Avenue North Widening Project) I have reviewed the certificate of insurance and supporting policy documents for the above- named Agreement. The insurance coverage provided for this Agreement meets the City's risk management requirements. H:\Risk\Certificates\Specic Memo\Michael E Murray_Diane Wagner 2012 Memo.doc ACCPREP® CERTI`FI'CATE OF LIABILITY INSURANCE DATE(MRYDDIYYYY) 10/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT Greta Perales Wycoff Insurance Agency Inc. H"E (360)336-2112 /a No): (360)336-5241 501 South 2nd Street L ADDREss:grata@wycaffinsurance.cos P. 0. Box 1010 INSURERS)AFFORDING COVERAGE NAIC# Mount Vernon WA 98273 INSURERA:LIBERTY NORTHWEST INS. CORP. INSURED INSURER B: ARTECH, INC. INSURER C: 865 Lind Ave SW INSURERD: INSURER E: Renton WA 98057 INSURERF: COVERAGES CERTIFICATE NUMBER:12-13 liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY EFF POLICY EXP ILTR TYPE OF INSURANCE NSR AINSSR WVQ, POLICY NUMBER IMINDINYYYYU IMMIDO/YYYY1 UMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Meooa mmol $ 100,000 A CLAIMS-MADE X OCCUR COS 168 717 4/1/2012 4/1/2013 MEDEXP(Anyone persnn) s 5,000 PERSONAL&ADV INJURY S 1,000,000 -- GENERAL AGGREGATE s 2,000,000 GEHL AGGREGATE(�'�AT�JERCT LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 7 POLICY I X I L 1 LOC S AUTOMOBILE LIABILITY • COMNED SINGLE LIMIT S 1,000,000 A X ANY AUTO BODILY INJURY(Per person} # ALL OWNED X SCHEDULED C06 168 717 4/1/2012 4/1/2013 AUTOS AUTOS BODILY INJURY(Per eaytfam) S X HIRED AUTOS JC OS ED PROPERTY DAMAGE s — (perapG1W41 Unmixed=tonal combined S X UMBRELLA LAB /X f OCCUR EACH OCCURRENCE $ 5,000,000 A 4 EXCEL CE AGGREGATE # 5,000,000 I DEO X RETENnom$ 10,000 C06 160 717 4/1/2012 4/1/2013 S A WORKERS COMPENSATION WC STATU- 10TH- AND EMPLOYERS'LIAUTY Y 1 N TORY LIMITS ( ER ANY PROPRIETOR/PARTNERIEXECUTIVEE L EACH ACCIDENT $ 1 OFFICERNEMBER EXCLUDED? n NIA ,000,000 IMandatoryIn NH) 006 168 717 4/1/2012 4/1/2013 EL DISEASE-EA EMPLOYEES 1,000,000 DESCRIPTION OF OPERATIONS below I ASSINGTON STOP GAP ONLY EL DISEASE.POLICY LIMIT_S 1,000,00 0 DESCRIPTION OF OPERATIONS I LOCATIONS U VEHICLES(Attach ACORD 101,Additional Remade Schedule,N more space Is required) CITY OF RENTON IS ADDED AS ADDITIONAL INSURED AS REGARDS TO WORK PERFORMED ON THEIR BEHALF BY THE NAMED INSURED AS PER THE ATTACHED ENDORSEMENT CG 8583 10 05. CERTIFICATE HOLDER CANCELLATION (425)556-2363 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF RENTON ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS DEPARTMENT AUTNO REPRESENTATIVE ATTN: JAMES P. WILHOIT -��_-- 1055 SOUTH GRADY WAY 6TH FLOOR _.�----" "� RENTON, WA 98057 __,--""---- ACORD 25(2010105) 01988-2010 ACORD CORPORATION. All rights reserved. 1NS025(201005)01 The ACORD name and logo are registered marks of ACORD New tri/ COMMERCIAL GENERAL LIABILITY CG 8583 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II-Who Is An Insured is amended to include as an additional insured any person(s)or organizations)whom you have agreed to add as an additional insured in a written contract or written agreement, but only with respect to liability for"bodily injury"or"property damage"caused by"your work" performed for that additional insured and included in the"products-completed operation hazard". B. The following additional provisions apply to the additional insured 1. When the Named Insured is required to add an additional insured on this policy in a written contract or written agreement.the written contract or written agreement must be: a. Currently to effect or becoming effective during the term of this policy; b Executed prior to the"bodily injury,"or"property damage",and c. Between a Named insured and the additional insured 2. That person or organization is an additional insured only for liability caused by your negligence specifically resulting from"your work"for the additional insured which is the subject of the written contract or written agreement No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured,the Named Insured's employees or subcontractors 3. The Limits of Insurance applicable to the additional insured are the lesser of. a. Those specified in the written contract or written agreement, or b. Those provided by this policy and defined in Section III -Limits Of insurance These Limits of Insurance are inclusive of, and not in addition to,the Limits Of Insurance shown in the Declarations and defined in Section Iii-Limits Of Insurance. 4. The insurance provided to the additional insured does not apply to: "Bodily injury"or"property damage"arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, including. a. The preparing, approving, or failure to prepare or approve, maps,shop drawings,opinions, reports. surveys,field orders, change orders or drawing and specifications;and b. Supervisory, inspection, architectural or engineering activities CG 8583 10 05 Includes Copyrighted Matenai of ISO Properties,Inc,with its permission Page 1 of 2 E 585 00 rrMC 5, The following replaces Exclusion I. under Paragraph 2,, Excutsions of Section I-Coverage A- Bodily Injury And Property Damage Liability: t. Damage To Your Work This insurance does not apply to"property damage"to"your work"arising out of it or any part of it and included in the"product-completed operations hazard" 6. We have no duty to defend or indemnify an additional insured under this endorsement. a. For any liability due to negligence attributable to any person or entity other than the Named Insured, the Named Insured's employees or subcontractors. b. For any loss which occurs prior to our Named insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or"suit"from the additional insured as required in Section iV-Conditions, Duties In The Event Of Occurrence, Offense Claim Or Suit. C. Section iV- Conditions are amended as follows: 1. The following is added to Paragraph 2., Duties In The Event of Occurrence,Offense, Claim or Suit: An additional insured under this endorsement must comply with all provisions of this section 2. As respects the coverage provided under this endorsement. Paragraph 4.b., Other insurance is deleted and replaced by the following: 4. Other insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary,excess,contingent or on any other basis unless the written contract or agreement described in A.above specifically requires that this insurance be provided on either a primary basis or a primary and non-contributory basis. CG 8583 10 05 Includes Copyrighted Material of ISO Properties inc,with its permission Page 2 of 2 E 556 00