Loading...
HomeMy WebLinkAboutContract i AGREEMENT CONTRACT NO. CAG-18-216 THIS AGREEMENT, made and entered into this Z 0 day of ie 2 . , 2{j rlT by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and R. C.Zeigler Company, Inc., hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the City's Contract Bid Documents for the Project, including but not limited to Bid package, Instructions to Bidder, General Conditions Addenda, Proposal Form (Exhibit A attached), Supplemental Conditions, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call for Bids Documents;and any additional documents referenced as comprising the Contract and Contract Documents as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents. 2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Renton City Hall Elevator Modernization—Phase 2,CAG-18-216, including all changes to the Work and force account work, in accordance with the Contract Documents. 3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $115,207.40 (including sales tax), unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor,tools, materials and equipment for the Work. 4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5. Independent Contractor:Contractor's employees,while engaged in the performance of any of Contractor's services under this Agreement,shall be considered employees of the Contractor and not employees,agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor's employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor's obligation and responsibility. 6. 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. 7. 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. 8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs,including reasonable attorney's and expert witness fees. 9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 10. Counterparts. This Agreement is executed in two(2)identical counterparts, by the parties, each of which shall for all purposes be deemed an original. General Construction for Renton City Hall Elevator Modernization— Phase 2 ¢ < City of Renton "D 4 � , IN WITNESS WHEREOF,the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above-written. CONTRACTOR: CITY OF RENTON: � President/Partner ner `''Den��is/Law,Mayor ATTEST .�`�.�.1 o F�� Myp U ,r EAL *' Secretary J on Seth,City Cler % h i "0,,i°1? ff,EDSEQ4',.\\`\‘. FIRM INFORM TION d/b/a R.C.Zeigler Company,Inc. CHECK ONE: 0 Limited Liability Company I D Partnership I ® Corporation STATE OF INCORPORATION: WASHINGTON CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: P.O.Box 995 City of Renton 1055 South Grady Way Carnation,WA.98014 Renton,WA 98057 425-333-4797 425-430-6602 jczeigler@rczeigler.com rwoodruff@rentonwa.gov Attention: If business is a CORPORATION,the name of the corporation should be listed in full and both the President and Secretary must sign the contract. OR,if one signature is permitted by corporation by-laws,a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a PARTNERSHIP,the full name of each partner should be listed followed by d/b/a(doing business as) and firm or trade name. Any one partner may sign the contract. If the business is an limited Liability Company,an authorized managing member or manager must sign followed by his/her title. • General Construction for Renton City Hall Elevator Modernization— Phase 2 City of Renton General Construction for Renton City Hall Elevator Modernization-Phase 2 00 00Q3 City of Renton BID FORM CAG 18-216 EXHIBIT A CITY OF RENTON MAIL TO: CITY CLERK 1055 GRADY WAY, RENTON,WA,98057 HAND DELIVER TO: OFFICE OF THE CITY CLERK SEVENTH FLOOR, RENTON CITY HALL 1055 GRADY WAY, RENTON, WA, 98067 BID FORM In compliance with the contract documents,the following bid form is submitted: 1) BASE BID 1a) BASE BID: ar.e Ik. 4w- 4 t� se k,. +r,} r $ 10&(!13 Co ( ten) (Numeric) 1 b)SALES TAX ON BASE BID(The combined sales tax rate for Renton, WA is 10%): T oc r{sa 'ate.- ktki3re) se+ e -Nr.t, 5 $ 10114 (Written) (Numeric) 1 c) TOTAL BASE BID WITH SALES TAX ci L t, 4.06 9e 1)aw-s $ J 15, o1 Mrs ding) r ce>~,3 (Numenc) 2)ITEMIZED BID TAB TIME FOR COMPLETION: Contract Time-The undersigned hereby agrees to Substantially Complete all the work under the Base Bid (and accepted Alternates)within 456 calendar days after the date of Notice to Proceed. Final Completion —All the Work shall be fully and finally completed in accordance with the contract documents within 30 calendar days after the date of Substantial Completion, APPRENTICESHIP REQUIREMENTS The apprentice labor hours required for this project are 15% of the total labor hours. The undersigned agrees to utilize this level of apprentice participation. Page 1 of 2 General Construction for Renton City Hall 8evator Modernization•Phase 2 00 0003 - City of Renton BID FORM CAG 18-216 LIQUIDATED DAMAGES The undersigned agrees to pay the Owner as liquidated damages the sum of$500 for each consecutive calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the contract invoice after taxes and retainage. RECEIPT OF ADDENDA Receipt of the following addenda is acknowledged: Addendum No. Ll. Addendum No. Addendum No. Addendum No. Name of Firm 'R.C.. Z,e,� . �,r ,rev\ r1(~ . NOTE: If Bidder is a corpo ' rperatio►;if a perfivhhip,give fun names and addresses of a►I parties berow. Signed • Official Cppacityti Print Name .\s5e C',. 7 •� ' Address --PC)?-) SG S City c-no..o. State L$ Zip Code q8 01 Date 1' vial • 1 q Telephone 40.5.355.1-1-1G-1 FAX Ll 5•54C\ •C \63 State of Washington Contractor's License No. Federal Tax ID# D1 1- 1,11-5 9 8R E-mail address: c ze'. ti.�-tics ze e co,-, Employment Security Department No. 510 S'-15 0© b Page 2 of 2 00 8003 r ` This form must be submitted with 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. COPer\ceCt,s, 'Tr/NC Bidder's Business Neale Signature of Ae #tatzed Official* Printed Name Title ' PA* \C\ CP.X"-VVAlt)rs's Date City State Check One: Sole Proprietorship 0 Partnership 0 Joint Venture 0 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. 00 8004 NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says,that he is the identical person who submitted the forgoing proposal or bid,and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein ramed, and further, that the deponent has not erectly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding,and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over the other Bidder or Bidders. AND CERTIFICATION RE:ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore,vendor hereby assigns to purchaser arty and all claims for such overcharges as to goods and materials purchased in connection with this order or contract,except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. in addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I,the undersigned, having been duly sworn,deposed,say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer,workman,or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract:that I have read the above and foregoing statement and certificate,know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT,ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT General Construction for Renton City!Hail Elevator Moderrdzetion—Phase 21 City of Renton Zl C t-C' \t'�' kf^,f+'1f Name otdefs Firm Signature Authorized Representative of Bidder Subscribed and sworn to before me on this day of C 114:--,41 , 20 // x Notary Public �) State of Washington KLR Y C M i1SS ON1 EE PIRR.ES ER �(11 1111 2,.r,y tA".!./1.J✓.!Y✓J✓J✓.11ll1l✓llJtllI..CJ� General Construction for Renton City Hall Elevator Modernization—Phase 2 00 8000 City of Renton PROPOSAL BID BOND CAG-18-216 %le Proposal Bid Bond {4 s= KNOW ALL MEN BY THESE PRESENTS,That we, [Contractor]R.C.Zeigler Company,Inc. of[address)P.O.Box 995,Carnation,WA 98014 as Principal, and[Surety] North American Specialty Insurance Company a corporation duly organized under the laws of the State of New Hampshire and authorized to do business in the State of Washington, as Surety, are held and firmly bound unto the City of Renton in the sum of five(5)percent of the total amount of the bid proposal of said Principal for the work hereinafter described,for the payment of which,well and truly to be made,we bind ourselves. our heirs, executors, administrators and assigns,and successors and assigns,jointly and severally,firmly by these presents. The condition of this bond is such, that whereas the Principal herein is herewith submitting his/her or its sealed proposal for the following construction,to wit: General Construction for Renton City Hall Elevator Modernization-Phase 2 City of Renton CAG-I 8-216 said bid and proposal. by reference thereto, being made a part hereof. NOW,THEREFORE, if the said proposal bid by said Principal be accepted,and the contract be awarded to said Principal,and if said Principal shall duly make and enter into and execute said contract and shall furnish performance bond as required by the City of Renton within a period of ten(10)days from and after said award, exclusive of the day of such award,then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. IN THE EVENT the Principal,following award, fails to execute an Agreement with the City of Renton in accordance with the terms of the Proposal and furnish a performance bond with Surety or Sureties approved by the City of Renton within ten(10)days from and after said award,then Principal shall forfeit the Bid Bond/Bid Proposal Deposit or Surety shall immediately pay and forfeit to the City of Renton the amount of the Proposal Bid Bond,as set forth in RCW 35A.40.200 and RCW 35.23.352. IN TESTIMONY WHEREOF,the Principal and Surety have caused these presents to be signed and sealed this 29th day of January , 2019 R.C.Zeigler Company,Inc. North American Specialty Insurance Company [Surety] [SignatureftzefZ - > l [Signature of authonzed official] �es5e C. -ea%lam- By: Nicholas Fredrickson,Attorney-in-Fact January 1 2019 00 8000-1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal General Construction for Renton City Hall Elevator Modernization—Phase 2 00 8000 City of Renton PROPOSAL BID BOND CAG-18-216 [Title] [Attorney-in-Fact] 2233 112th Avenue NE [Address] Bellevue,WA 98004 (425)709-3600 [Telephone Number] January 1,2019 00 8000-2 Provided to Builders Exchange of Wh, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington international Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park.Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri.and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: SUSAN B.LARSON,SCOTT FISHER,MINDEE L.RANKIN,DEANNA M.FRENCH,RONALD J.LANGE,ELIZABETH R.HAHN, JANA M.ROY,ROGER R.KALTENBACH,GUY P.ARMFIELD,SCOTT McGILVRAY,ANDREW P.LARSEN,and NICHOLAS FREDRICKSON JOINTLY OR SEVERALLY its true and lawful Attorney(s)-in•Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION(S125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." �,wrr, �r �,�zttx+�i jt.‘2___ a` �.7 vo, (0ksootipbitql„ By "••. E a• L SEALt Stens P.Anderson,Sera Vice Preadern a Wtlb4erw I4tdtdrMYr Insurance Company _ SEAL $: I &Sealer Vice President of Korth Antrim Specialty Iawnmte Company •SEAL �#i EA i r &Senior vice rankles"(Westport hsmrenee Cornered.* Vti �t taalN� * By Mae A.tea Senior Vice President of Washington International Insurenee Company * &Senior Vice President of North Americas Specialty zesmr me Company &Senior Vice President eV/anon Insurance Cerperaties IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 13 day of DECEMBER ,20 17. North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 13 day of DECEMBER,20 17.before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL NatnyN�Pc SitioalMoon �• i Y I. Ah+y tboeoaer:�tt'pie M.Kenny,Notary Public 1, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 29 day of January ,20 19 Jeffrey Goidbery,Vice Preadem&Amnion Seaman of Washout=lienauonsl Innrance Company& North American Specialty Insumme Company&Vice President&Amino Seaway of Westport Insunnee Corpor eon