HomeMy WebLinkAboutContract CAG-18-259
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SMALL iNC�RKS CC}NTRACT AGREENIENT
THfS AGREEMEN7 "A reement" is made as of the r� da of W' "
{ g } ' � y �_ 1�','2018, {the Effettiue
[7ate") by and between th� City of Renton, a nan-charter code city under RCW 35A, and a
municipal corporatiort under the laws of the State af Washington ("Rentan"}, through its
Carnmunity Services department and All Around Fence C�mpany, ("Contractor"}, who are
coliectively referred to as the "Parties", to ir�stalE seeurity fencing at the Renton Parkfng �arage,
655 S.2"�St. Renton and �ontractor agree as s�t forth below.
1. Scoae o#Services: Contractor wifl provide all material and labor necessary to perfnrm aii
work described in the Proposal which is attached and fully ir�cnrporated inta this
Agreement by reference as Attachment "A."
2. Chan�es in Scope rs#5ervices: Ren#on, withaut invalidating this Agreement, rr�ay order
changes tt� the Scope of 5ervices cansisting of ad�itions, deletions or modificafi�ons, the
Agreernent Sum being adjusted accQrdingiy by Partfes r�nutuaf agreement. 5uch changes
in the work shall be authorized by anrritten Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance af the Agreement no later
than 30 caCendar days after the Agreernent's �ff�ctive Date.
4. Term of Agreement.The Term of this Agreement shall end at completion ofi the 5cope of
Services, no later than 9Q days from the Effective Date.This Agreement may be�xtenc3ed
to accomplish change orders, if required, upon mutual written agreement af Rentc�n an�
Contractar.
5, A reement Sum: The total arrtount af this Agreerr�ent is the �um af $4,521.00 which
includes Washington State Sales Tax. This amaunt may be adjusted to a mutu�lly�greed
amount based fln changes to the Scope of Services.
6. Considerationa In exchange for Contractor's perfc�rmance of the items and responsibifities
ident9fied in the Scope of Services, Reratc�n a�rees to make payment of the amount
identified as the Agreement 5um.
7. Method of Pavment: Payment by Rentorr for the Seruices will only be made after the
Services have been performed and a vaucher ar inv+�ice is submEtted in a ft�rm aeceptable
to Renton. Payment of the ir�itial 95% wilP be made in the next pay cycie of the Renton
Finance {7epartment afCer receip� c�f such vflucher c�r invoice (pay cyc8es are bi-v�reekly}.
The remaining 5%4 wil! be retained for the purpase af eompletic�n of the project and
fulfilimenY c�f claims and liens. Renton shail have the right to uvithhold payment to
Cantractor for any work not c�rrtpleted in a satisfactory manner untii such tis�s�e as
Contractor modifies such wmrk so khat the same is satisfactory.
8. Hold Ftarmless. Contractor shall indemnify,defend and hold harmless Rentan, its elected
officials, officer�, agents,employees and volunteers, frorr� �r1d aga�nst any�nd all ciaims,
losses or liability, or any portion of the same, including but not limited to reasonable
attarneys'fees,legal expenses and litigatic�n costs,arising fram injury or death tc�persans,
induding injuries, sickness, disease ar death c�f Contractar's own emplayees, agents and
vafu�teers, ar damage to praperty caused by Contractor's negiigent act or omission,
except for those acts caused by or resulting from a riegligent act crr omission by Renton
and its offcers,agents,employees and vafunteers.
Shauld a court of campetent jurisdictian determine that this agreement is subject to RCW
4.24.125, (Validi#y of agreement to indemnify against liability fcar negligence relative ta
canstruction, alteratian,improvement, etc., of structure or irnprovement attached to reai
estate...)then, in the event of liability for damages arising out of badily injury tn persons
ar damages to property caused by or resuiting from the cancurrent negligence of the
cantract�r and Renton, its afficers, afficial5, empioyees and volunteers, Cc�ntractor's
fiability shall be anly ta the extent of Contractor's negligence,
it is furth�er specifical9y and expressly understood that the indemnification provaded in this
Agreement constrtute Contractor's waiver of immunity under the Industrial lnsurance Act,
RC1N Title 51, sole{y for the purposes af this inderranification. The Parties haue mutually
negotiated and agreed ta this waiver. The provisions of this sectian shalk survive the
expirati4n or terminatian of this Agreement.
9. tnsurance: Contractor shal(secure and maintain:
a. Comrnercial general liability insuranee in the minimum amounts c�f$1,0OO,OL1t7 far each
nccurrencej$2,000,000 aggregate fc�r the Term of this Agreement.
b. Professianal {iabilifiy insurance, in the minimurrt amaunt of $1,00O,OOa for each
occurrence, shall also be seeured for any professional services being provided ta
Renton tF�at are excluded in#he commercial general liability insurance.
c. Workers' compensation coverage, as required by the industria! Insurance laws of the
State of Washington,shall also be secured.
d. it is agreed that an Contractor's commercial general liability policy,the City af Renton
wili be named as an Additfonal Insured+an a non-contributory primary basis. Renton`s
insurance policies sha#f not be a source for payment of any Contractor liability.
e. Subject to Renton's review and accep�ance, a certificate of insuranee showing the
proper endarsements, shal! be deliuered to Renton before executing the work af this
Agreement.
f. Contractor shalf provide Renton with written notice of any policy cancellation, within
two(2) business days af their receipt€�f such notice,
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1C1a Discriminatian Prahibited: Except tc� the extent permitted by a bona fide occupafiianal
qualification, the Contractor agrees as ft�llaws:
a. Contractor, and Ccrn�racfar°s agents, employees, representat°rves, and valunteers with
regard ta the seruices perfr�rmed Qr ta be performed under this Agreement, shaf! nc�t
discriminate an the basis of race,color,sex, religion, na�'ronality,creed, marita(status,
sexual orientation or preference, age {exeept minimum age and retirement
provisions}, han+orably diseharged veteran or miditary status, or the presence of any
sensory, mental or physicaf hand�cap, unless based upon a bona fide occupationa!
qualification in refationship to hErir�g and emp(oyment, in employmerrt ar applicat�or�
for employment, the adminis#ratic�n af the d�livery of services or any other benefits
under this Agreement, Qr procurement of materfals or supplie�.
b. The Cor�tractor will take affirmative actiQn t� insure that applicants are employed and
that ernployees are treated during em�loyment withaut regard to th�ir race, creed,
color, national origin, sex, age, sexu�l orientatic�n, pi�ysica{, sensary or mental
handicaps, ar rnarital status. Such actian shall include, but not be limited tcs the
following employment, upgrading, derr�oCion or trans�er, reeruitment or recruitmertt
advertising, lay+off or termination, rates uF pay or other forms of compensatir�n and
selection for training.
c. if Contractar fails ta comply with any of this Agreernent's r�on-discrimina#ian
provisions, Rerttan shall have the right, at its option,to cancel the Agreement in whr�le
or in part.
d. Contractor is respc�nsible ta be aware of and in compl�ance with afl #ederal, state anc!
loca[ laws and regulations that rnay affect the satisfactory completion af the praject,
which incfudes but is not limited to fair labor laws and worker`s corz�pensation.
11. Indeaendent Contractor: Contractc�r's emplc�yees, while engaged in the perfc�rmance af
any of Contractor's services under this Agreement, shall be considered emplayees o�the
Contractor and not emplayees,agents, representatives of Rentan and as a resuit,shal(not
be entitled to any coverage or benefits from the Ci#y c�f Ren�an. Cantractor's relation tc�
Renton shall be at all times as an independent contractor. Any and alf Warkman's
Campensation Act claims c�n behalf of Contractor employees,and any and all clairras made
by a third-party as a consequence of any negligent act or omission on the part of
Con#ractcrr's empinyees, while enga�ed in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation �nd respansibility.
12. Prevailin�Wa�e Rates: Cc�ntractor mus#comply uvith the State of Washington prevailing
wage requirements. Contractar rnust file an Intent Ta Pcry Prevaitrng L�lage at the
beginning of the praject and an Affidavlt af Wages Paid at the end af th� project with the
Washington State D�partment of Labar and industries,
http:llwww.lni.wa.�ov(TraciesLicensinglPrevWa�eldefauft.asp.
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13. Record Keepin�; and Reportin�: Contractor shal! rrs�intain accounts and records, wh�ch
properly r•e�lect a11 direet and indirect costs exp�nded aa�d S�rvi�es �rovided in tE-�e
perfnrmance c�f this Agreement. The Contractor agrees tv provide access to and copies of
any records refated ta this Agreement as required by fihe City to audit expenditures and
charges and/or �ra comply with the Washington State Public Record�Act (Chapter 42.56
RCW}.
14. Public Reeards C�rnpliance. To the fuil ex�ent the CiYy determin+es necessary to comply
with the Washington State Public Records Act,Contractor sha11 make a due diiigent search
of alf recards in its possessi�r,, induding, but not fimited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and {arovide them to
the City far production.!n the event Cantractor beiie�es said records need to be protected
from disclosure, it sha{I�8�COC1tC8CtCit''S OWCt �X�.12C1SE'.'� seek jud'ecial protection. Cantractar
shall indemnify,defend,and ho#d harmiess the City for all costs, including attorneys'fees,
attendant to any ciaim or litigation related to a Fublic Recnrds Act request for which
Contractar has responsive recards and for which Contractor has withheld recarcls or
information cantained therein, ar not provided them to the C9ty in a timely manner.
Contractor shall produce for distribution any and ali records responsive ta the Pubiic
Records Act request in a tirnely manner,unless those records are protected by court order.
15. Other Pravisions:
a. Administration and Notices. Each individual executing this Agreement on beha6f of
Rentan and Contractor represents and warrants that such individuals are duly
authorized ta execute and deliver this Agreement on behalf c�f Renton or Cantractor.
Any nntices required to be given by the Parties shall be delivered at the addresses set
forth beiow. Any notices may be delivered personally to the addressee of the natic�
or may be deposited in the llnited States mail, postage prepaid, tcs the address set
farth below. Any notice so posted in the United States rnail shall be deemed received
three(3�calendar days after the date of mailing. This Agreement shaii be admini�tered
by and any natices shoufd be ser�t ta the undersigned individuals or their designees.
b. Amer►drnent and Modification. This Agreement may be amended only by an
instrument in wri�ing, duly executed by both Parties.
c. Assignment and Subcnntract. Contractar shall not assign or subcontract any portion
of this Agreement without the Ciiy of Renton's priar express written consent.
d. Comp{iar�ce with Laws. Contract+ar and all of the Contractor`s emplayees shall perform
the services in accordance with ali applicable federal,state,caunty and city laws,codes
and ordinances. A capy of this language must be made a part of any contractor or
subcontractor agreernent.
e. Confiicts. ln the event of any inconsistencies between contractor propasals and this
contract,the terms of this cantract shall prevail,
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f. Governing Law. This Agreernent shaCl be made in and shail be governed by and
interpreted in accordance with the laws of the State af Washington,
g. Jaint Drafting E#fort. This Agreement shall b�cansidered for alf purposes as prepared
by the jc�it�t efforts of the Parties and shal( nat be construed against c�ne party ar the
other as a result of the preparatic�n, substitution, submission or other event of
negotiation,drafting or executican.
h. Jurisdictit�n and Venue. Ar�y lawsuit or legal ac�ion brought by any party to enForce or
interpret this Agreement nr any of its terms or couenants shall be brought in the Kin�
County Superior Court for the State af Washington ai the Maleng Regional lustice
Center in Kent, King County,Washington, or its replacem�nt or�uccessor.
r. Severability. A court af cornpetent jurisdiction's deterrr�inatic�n that any provisiQn ar
part of this Agreement is illegal ar unenforceable sha61 not cancef €�r invalidate the
remainder af this Agreerrrent, which shail remain in fulf fc�rce and effect.
j. 5ole and Entire Agreernent. Thi� Agreement contains �he entire a�reement of the
Parties and any representatians or understandings, whether oraf pr v,rritten, nc�t
incorporated are excluded.
k. Third-Party Benefic�aries. Nothing in this Agreement is intended �o, nor sha[I be
construed to give any rights ar benefits in the Agreemen# to anyone crther than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreertaent will
be fc�r the sole and exclusive benefit of the Parties and no one else.
I. Waivers. All waivers shall be in writ€ng and signed by the waiving party. Either party's
faiiure to enforce any provisian af this Agreement shall nat be a waiver �nr9 sh�ll ncat
prevent either Renton or Contractar from enforcing that pravision or any cath�er
provision of this Agr�ement ir� the future, Waiver vf breach o�any provisic�n o�this
Agreement shal! not b� deemed to be a vvaiver of any prior or subseq�ent breach
unless it is ex�ressl�r waived in writin�.
IN 1NtTNESS WHEREOF, the Partfes have vtaluntarily entered intc� this Agreement as of
Effective Date.
CITY OF RENTC)N CaNT�ACTOR��
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ICe11y Beymer, dminist tor Ron Dagley �
1055 South Grady Way All Arc�und Fence C�dmpany
Renton,Wa�hingtan 98057 P.O. Box 1029 �
Ravensdale,WA. 98051
`Z'�3 ���j t� �����
Date pag�
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PAGE 5 C�F 6
Approved as to Legal Farm
.r9�'�7.A�'1L� '���
Shane Moloney
Rentan City Attorney
�__1� 3 l U(�'` _�.___
Date
Contract Tempiate UpdaYed 09J13/2018
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PnGE 6 0�6
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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ATTACH M E NT A
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`�, ���uc�c�,_, Ravensda1e 1t�lA 98051
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� Name j �ddre�s ;��b ���� �i�dr���
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Renton City Hali City Parking Garage ;
1055 S Grady VVay �55 S 2nd S� !
Renton WA 98t�57-3232 Renton W�1 98057 �
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? Description Total �
Supply labar and materials to: Block off stainrvelis- SE stairwell 2# � 4,i10.U0T�
custom panel and 1#custom gate per walk w/ Paul- SW stairweli 1# �
custom panel and 3#custom gate per walk si Paul- Materials all black �
chain link wl privacy sfats 80°lo blockage �
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Signature Uat�_._____�
We look forward tc�workir�g wit}x ycru? �Ub'�O�c'1�
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Phane # Fa�c # Salss Tax (10.0°l0) ����s��
253-863-4895 253-863-0704 T`1�t �
$4,521.D0
E-mail VV�b Site
aliaroundfence a�allaroun�lfen�sv�a.com www.all�rc�undfencewa.com