Loading...
HomeMy WebLinkAboutContract CAG-18-105 { rd SMALL PUBLIC WORKS CONTRACT AGREEMENT Single Craft under $40K under $25K THIS AGREEMENT("Agreement") is made as of the 10TH day of May, 2018, (the "Effective Date") by and between the City of Renton,a non-charter code city under RCW 35A, and a Washington Municipal Corporation ("City"), and Prime Electric INC, Contractor,who are collectively referred to as the "Parties", to replace a signal pole on the NE corner of NE 4th ST and Duvall AVE NE. The City and Contractor agree as set forth below. 1. Scope of Work: 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 Attachments"A" and "B." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Scope of Work 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 or Amendment signed by the Parties. 3. Time of Performance: Contractor shall commence performance of the Agreement no later than 115 calendar days after the Agreement's Effective Date. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, and shall terminate on 09/10/2018. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of $14,242.00 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6. Consideration: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Work, the City agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A. Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide a either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the City 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. (Unless the contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one—if contractor does not pick one then 5%with contract bond is required: To provide a payment and performance bond (contract bond) in the amount of 100%of the estimate including taxes with a 5% retainage. To waive a payment and performance bond (contract bond) and instead 4 the city will retain the remaining 10%will be retained for the purpose of completion of the project and fulfillment of claims and liens. B. The City 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. C. Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. D. Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 0. PAGE 2 of 8 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, 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 The City 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 The City, 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 The City that are excluded in the commercial general liability insurance. c. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington,shall also be secured. d. It is agreed that on Contractor's commercial general liability policy, the City of The City will be named as an Additional Insured on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Contractor liability. e. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before executing the work of this Agreement. f. Contractor shall provide the City 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: PAGE 3 OF 8 a. Contractor, and Contractor's agents, employees, representatives, and volunteers with regard to the Work 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 Work 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, the City shall have the right, at its option, to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of the City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to The City 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 Work 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 Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies • PAGE 4 OF 8 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 The City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. b. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton's prior express written consent. d. Compliance with Laws. Contractor and all of the Contractor's employees shall perform the Work 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. (;) PAGE 5 OF 8 g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. i. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. j. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. I. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either The City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR Ale( t • • • I I- - - Prime Electric Inc. 1055 South Grady Way GV1366 r Pffin 13301 SE 26TH ST Renton, Washington 98057 Bellevue, WA 98005 /1/.g 4-1--z/,43 Date Date PAGE 6 OF 8 Approved as to Legal Form Shane Moloney Renton City Attorney b), 11( ci Date Non-standard pw-&40K-$251(db 05-10-18 PAGE 7 OF 8 ATTACHMENT A SCOPE OF WORK CITY OF RENTON Signal pole replacement at NE 4TH ST and Duvall 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 Temporary signal pole on the NE corner of NE 4T"ST and Duvall AVE NE.All costs associated with this work will be paid by force account(FA)in accordance with Current WSDOT Standard Specifications.The work will include, but not be limited to: • Disconnect the electrical power to the existing signal pole. • Disassemble,and salvage useful components(Signal displays,Video detection equipment, pedestrian displays, push buttons,opticom,and street signs to be reused unless city provides new equipment to be install. • Drop temporary signal pole off at City Of Renton Maintenance yard located at 3555 NE 2nd ST. • Reinstall all salvaged or new signal components. • Connect to the power source and put the signal pole in operation. • 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. PAGE 8OF8 Exhibit B PRIME Prime Underground Signalization I Utilities I Design I Service 13301 SE 26th Street Bellevue,WA 98005 Contact: David Bendtsen Bob Bracco Tyler Boyer Andrew Hollenback Frani Schriner Phone:(425)747-5200 Fax:(425)747-5552 Quote to: City Of Renton Job Name: 4th And Duvall Pole reppacement Attn: Eric Cutsall Plans Utilized: Phone: 425-430-7423 Date of Plans: Fax: Email: Er, Cu,,,til Date Submitted: 5/8/2018 Bid Item Description Quantity Unit Unit Cost Extended Pole replacement 1 LS $14,242.00 $14,242.00 1 LS $0.00 $0.00 1 Remove existing Pole And Mast arm 1 LS $0.00 $0.00 2 Remove existing Signal Gear and relocate to new pole 1 LS $0.00 $0.00 3 Remove Existing signs and relocate to new pole 1 LS $0.00 S0.00 4 Remove existing wire and relocate to new pole 1 LS $0.00 $0.00 5 Furnish and install new signal pole to match new standard(Black) 1 LS $0.00 $0.00 6 Traffic control 1 LS $0.00 $0.00 7 UPO for signal work 1 LS $0.00 $0.00 1 L5 $0.00 $0.00 1 LS $0.00 $0.00 1 LS $0.00 $0.00 1 LS $0.00 $0.00 Grand Total $14,242.00 Qualifications: 5.WeaswrHe-normal business hours 6.This quote includes 2 mobilizations.Additional mob will be @$1,400.00 each 7. -.-• . • . 8.Acknowledge addenda:NONE 10.Bondia 2-1,-Payment-by evedit-card-will-be.cba Exclusions: 1.Engineering,Survey And Layout 7.Landscape Removal/Restoration 2.Hazardous material handling and disposal 8.Contouring grades around electrical features 3.Unforeseen Subsurface Conditions/Dewatering 9.Asphalt/Concrete Demo/Restoration 4.Utility company fees 5.Permanent Restoration Equal Opportunity Employer CONTRACT BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned as principal, and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations,as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of $ for the payment of which sum on demand we bind ourselves and our successors,heirs, administrators or person representatives,as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington,the Ordinance of the City of Renton. Dated at ,Washington,this day of ,20_ Nevertheless,the conditions of the above obligation are such that: WHEREAS,under and pursuant to Contract No. providing for construction of the Project Name;the Principal has accepted,or is about to accept,the contract,and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics,subcontractors, lower tier subcontractors,material persons,and all other persons or agents who supply labor, equipment,or materials to the Project; • Indemnifies and holds Owner, its officers,and agents harmless from and against all claims, liabilities, causes of action,damages,and costs for such payments for labor,equipment,and materials by satisfying all claims and demands incurred under the Contract,and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal;and • Indemnifies and holds Owner harmless from all claims,liabilities, causes of action,damages and costs,including property damages and personal injuries,resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. • Pays all taxes incurred on said contract under title 50 and 51 Revised Code of Washington (RCW) and all taxes imposed on the Principle under Title 82 RCW. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time,alteration, or addition to the terms of the Contract or the Work. Project Name Line 1 Bond to the City of Renton Project Name Line 2(if needed) Month Year This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County,Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of ,20_ Principal Surety Signature Signature Title Title Name and address of local office of agent and/or Surety Company: Project Name Line 1 Bond to the City of Renton Project Name Line 2(if needed) Month Year CITY OF This form must be submitted with the Bid Proposal or as a Supplement to the Bid no later than 24 hours after the time for delivery of the Bid Proposal. Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.