HomeMy WebLinkAboutContract NomeCAG-13-014
CITY OF RENTON
PUBLIC WORKS CONTRACT
This Agreement, made and entered into this I / day of , Oi3, by and between The City of
Renton, Washington, a municipal corporation of the State of Washington, hereinafter referred to as"City" and
All-Around Fence Company, hereinafter referred to as"Contractor" to install new perimeter security fencing
along West Perimeter Road at Apron B.
The City and Contractor agree as set forth below.
1. Documents of Contract
Scope of Work—The Contractor shall provide all material and labor necessary to perform all of the work
as described in the attached Scope of Service dated January 16,2013,and the Estimate Worksheet
dated January 4, 2013,which documents are hereby incorporated by this reference.
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
February 1,2013 and shall complete the full performance of the Contract not later than February 14,
2013 calendar days from the date of commencement.
4. Term of Contract—This contract shall remain in effect until February 28,2013.
5. Contract Sum—In consideration of the Contractor performing the specified services,the City agrees to
pay the Contractor the amount of$34,564.77(written amount:Thirty four thousand five hundred sixty
four dollars and seventy seven cents)which includes Washington State sales tax(9.5%).
6. Method of Payment—Payment by the City for the Services will only be made after the services have
been performed and a detailed invoice is submitted to 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. Prevailing Wages—Prevailing wages, in accordance with RCW 39.12, applies to this Contract.The
Contractor shall pay no less than the prevailing wage rate to all employees.The Contractor shall submit
a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" in compliance with
RCW 39.12.040.
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8. Warranty—The Contractor warrants for itself and all of its employees that they have the requisite
training, skill, and experience necessary to provide the services as detailed in the Scope of Service and
Estimate Worksheet and are appropriately licensed by all applicable agencies and governmental
entities.
9. Independent Contractor—The Contractor and the City agree that the Contractor is an independent
contractor with respect to the services provide under this Agreement. Neither the Contractor nor any
employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement.The Contractor shall be responsible for paying all applicable
taxes including income and business taxes.
10. Discrimination Prohibited—The Contractor,with regard to work performed under this agreement,will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of
any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees,
or procurement of materials or supplies.
11. Assignment and Subcontract—The Contractor shall not assign or subcontract any portion of this
Contract without express written consent of the City.
12. Recordkeeping 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.
13. Hold Harmless—The Contractor shall indemnify, defend, and hold harmless the City, its officers,
officials, employees, and volunteers from and against any and all claims, including claims from third
parties,for injuries, damages, losses, or suits, including attorney's fees arising out of a negligent act,
omission or failure of the Contractor in connection with the performance of this Contract except for
injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of the 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,the Contractor's liability hereunder shall be only to the extent of
the Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,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 Contract.
Consultant shall defend, indemnify,and hold the City, its officers, officials, employees, and volunteers
harmless from any and all claims, injuries, damages, losses,or suits including attorney fees, arising out
of or resulting from the acts, errors, or omissions,of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.Should a court of competent
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jurisdiction determine that this Agreement is subject to RCW 4.24.115,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 Consultant and the City, its officers, officials, employees, and volunteers,
the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of
the Consultant's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,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.
14. Termination—Prior to the expiration of the Term,this Agreement may be terminated with cause by
either party, subject to a 5(five) day written notice of termination.The termination notice must specify
the grievance and cause for termination, which must relate directly to a failure to meet specific contract
provisions.
15. City of Renton Business License—Prior to signing the Contract,the Contractor agrees to apply for, and
obtain a City of Renton Business License and maintain the license in full force and effect throughout the
work of the Contract. License may be purchased from the Finance Department located in the City of
Renton Municipal Building, 1055 South Grady Way, Renton, WA 98055.
16. 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.
17. Conflicts—In the event of any inconsistencies between Contractor's documents and this Contract,this
Contract shall prevail.
18. Insurance—The Contractor shall procure and maintain for the duration of the Contract, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
No Limitation
Contractor's maintenance of insurance as required by the Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance,or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
• Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage;
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NAN.,
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as a primary and non-contributory
additional insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City;
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington; and
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident;
• Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence,$2,000,000 general aggregate; and
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile
Liability, Professional Liability and Commercial General Liability insurance:
• The Contractor's General Liability coverage shall be primary and non-contributory insurance as
respect to the City. Any insurance, self-insurance,or insurance pool coverage maintained by the
City shall be excess of the Contractor's insurance and shall not contribute with it; and
• Should any of the above described policies be cancelled before the expiration date thereof,
notice will be delivered in accordance with the policy provisions.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement,evidencing the insurance
requirements of the Contractor before commencement of the work.
19. Surety Bond and Retainage-The Contractor shall furnish a surety bond or bonds as security for the
faithful performance of the Contract, including the payment of all persons and firms performing labor on
the construction project under this Contract or furnishing materials in connection with this Contract;
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said bond to be in the full amount of the Contract price as specified in Paragraph 12. The surety or
sureties on such bond or bonds must be duly licensed as a surety in the State of Washington.
Alternatively, pursuant to RCW 39.08.010, on contracts of Thirty-Five Thousand Dollars($35,000) or less,
at the option of the Contractor,the City may, in lieu of a bond, retain fifty percent (50%) of the Contract
amount for a period of thirty(30)days after the date of final acceptance,or until receipt of all necessary
releases from the Department of Revenue and the Department of Labor and Industries and settlement
of any liens filed under Chapter 60.28 RCW, whichever is later.
20. Notices-Any notice from one party to the other party under the Contract shall be in writing and shall be
dated and signed by the party giving such notice or by its duly authorized representative of such party.
Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing
same in the United States mail, postage prepaid,certified or registered mail.
Notices should be mailed to:
To the City:
Renton Airport
616 West Perimeter Rd, Unit A
Renton,WA 98057
To the Contractor:
All-Around Fence Company
PO Box 1029
Ravensdale,WA 98051-8101
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This Agreement is entered into as of the day and year written above.
CONTRACTOR CITY OF RENTON
Signature Signature
i (J P (i'flS1OY1Q _Gregg Zimmerman_Public Works Administrator
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Printed Name and Title Printed Name and Title
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City, State, Zip Attest
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Telephone and Ema' Printed Name and Title
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Approved as to legal form
CIL64,06.4e7A-24.4-.%,i%_
Lawrence J. Warren, City Attorney
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Renton Airport / Clayton Scott Field
Scope of Service
Apron B Fence Project
January 16,2013
All-Around Fence Company, (Contractor)shall provide all of the materials and services below:
1. Remove and dispose of all existing fence,fence hardware,gates, conduit, and signage (except
"No Trespassing" signage which shall be replaced on the new fence);
2. Completely remove existing gate line and terminal posts to include the concrete bases;
3. Provide and install new gate line posts or terminal posts,as appropriate, at ten foot intervals
beginning at the line post at the north end of the project area;
4. Backfill and top with concrete any fence post holes that are unused;
5. Provide and install new fencing,fencing hardware, barb wire, and barb wire hardware per the
detail sheet C12 and drawing sheet C5; and
6. Thoroughly clean the project area each day and at the end of the project.
Other Conditions/Notes:
1. Contractor shall provide at least three days notice to the Assistant Airport Manager before
proceeding with any work.
2. Any and all holes must be hand dug beyond 8" deep. Power equipment such as a jack hammer
or power auger may be used for the first 8" of any new hole to be dug.
3. Contractor have locates completed before commencing any work.
4. Contractor shall work from the West Perimeter Road side of the fence line at all times
5. Contractor shall provide dedicated flagging and other traffic signage as appropriate during all
hours of active construction.
6. New fencing shall be a maximum of 2" above the grade over the entire fence distance.
7. Contractor shall provide and install any and all temporary fencing so that each night the
perimeter fencing is continuous.
err/
Renton Airport
Apron B Perimeter Fence Project
January 4, 2013
Estimate Worksheet
Company Name: l'At1 1/27o .\ Vence ao)
Authorized Representative Signature: it
Date form filled out: I r ' / R
Please indicate line item pricing or write "included"for each line.
i70
1. Demolish existing fence $ (0 LI S-3'
a. Completely remove and dispose of all fabric, hardware,and old conduit
b. Pull out and dispose of old fence posts(with minimal damage to surrounding asphalt)
c. Fill in unused post holes and patch with concrete
d. Remove and dispose of all waste offsite
2. Install 975'of new fence per Detail and Drawing attached $ I51 (UI.)
a. New posts in line should be at 10' intervals starting at north line post,no shorter than 9'
b. New posts,fabric,extension arms,and all hardware to specification detail on C12
c. All new holes to be hand dug(first 12"ok for power equipment)and to detail on C12
d. Patch asphalt as needed around fence post locations
3. Install temporary fence as needed to maintain fence continuity $ S (D•VV
a. The perimeter fence should be continuous at the end of each day
4. Dedicated Flagger(s)for traffic control for entire duration of project $ a�7 OQ�GO
5. Purchase of performance bond $ � OLI
6. Any cost for insurance changes to meet Renton's standard $ N
Sub Total $ 1'tU(Q i
Sales Tax(9.5%) $ gq t 6). 7
Grand Total $ 3t4 5`1"I 3 7
Notes:
Wages are State Prevailing—will need Intents and Affidavits
Contractor is responsible for utility locates
All work to be done from the Perimeter Road side of existing fence
Flaggers must be separate from work crew,appropriate signage must be deployed each day