HomeMy WebLinkAboutContract CAG-17-106
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SMALL WORKS CONTRACT AGREEMENT
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THIS AGREEMENT ("Agreement") is made as of the day of May, 2017, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
municipal corporation under the laws of the State of Washington ("Renton"), through its
Community Services Department and All City Fence CO, ("Contractor"), who are collectively
referred to as the "Parties", to (Install fence on p2 for PD, Renton City Hall 1055 South Grady
Way�. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment "A."
2. Chan�es in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services 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 signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no
later than 15 calendar days after the Agreement's Effective Date.
4. Term of A�reement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 20 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5. A�reement Sum: The total amount of this Agreement is the sum of ($3,529.90) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor's performance of the items and
responsibilities identified in the Scope of Services, Renton agrees to make payment of
the amount identified as the Agreement Sum.
7. Method of Pavment: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoice is submitted in a form
acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of
the Renton 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. Renton 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.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, 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 Renton 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 Renton, 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 liabitity 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
Renton 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 Renton will be named as an Additional Insured on a non-contributory primary
basis. Renton's insurance policies shall not be a source for payment of any Contractor
liability.
e. Subject to Renton's review and acceptance, a certificate of insurance
showing the proper endorsements, shall be delivered to Renton before executing the
work of this Agreement.
f. Contractor shall provide Renton 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:
a. Contractor, and Contractor's agents, employees, representatives, and
volunteers with regard to the services performed or to be performed under this
Agreement, shatl not discriminate on the basis of race, color, sex, religion, nationality,
creed, maritat 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 services 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, Renton 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 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.
12. Prevailin�Wa�e 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:JJwww.lni.wa.�ov/TradesLicensin�/PrevWa�eldefault.asp.
13. Record Keepin� and Reportin�: 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 and copies
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 Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton 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 services 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.
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. lurisdiction 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 #or the State of Washington at the Maleng Regional
Justice Center in Kent, King County,Washington,or its replacement or successor.
i. 5everability. 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 af 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
shail be canstrued 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
shatl not prevent either Renton 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 ta 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
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Kelly, Bey er Ad inistrator y Fence
1055 South Grady Way 6 South Hudson Street
Renton, Washingtan 9$057 Seattle, Wshington 98134
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CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
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City Of Renton
SCOPE OF SERVICES
ATTACH M E NT A
ALL CITY FErNCE �CO.
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www.ai lcityfence.com
NAME: CONTACT PERSON: �
ADDRESS: S c PHONE: �' j r 7� ���s���"Q"u
CITY: f�&�'�•�t� a..x.,C,. `'��`C'�>"9 - �.�� MAP PAGE REF: �+�5�— tl��"G6���
ACCESS:
FENCE OVERAtL j LENE P05TS TOP TERM GATE GATE FRAME_S______
TYPE HEIGNT FILL TY�'E Size T e RAIL POST POST SPAGNG Swin Slide
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SPECIALS �`F�,�,"�.�yl� 5�g �l
TOTAL FOOTAGE � � � "" � ! 1�? � ''U � CIRGLE:
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JACKHAMMER
WELDER
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ROCK DRILL
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DISCOUNT
MATERIA�
LABOR HRS
TOTAL $ $
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MASTER BUILDERS � ,,m.,,��
ASSOCIATI DN F°^p
of Xlup�nd Smnnmfah CaunNes � b�oeietlaa
36 South Hudson Street • Seattle, WA 98134 • Phone (206) 324-3747 • Fax (206) 324-1508
Bonded and Insured • Contractor Registration No. ALLCICF927KW
Pro osal and Contract
Cus#omer Phone Numbers
City Of Renton Home Business 425-430-6643
Aitn Jeffrey Minisci Fax Cell/Pager 425-'166-6159
1055 S Gradv N'ay Purchase Order# �
Renton Wa 98055-3232 Job Address same
jminiscia(�,rentonwa. ov
We propose to instali on your praperty the fencing materials listed below subject to the
TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PROPOSAL AND CONTRACT
Chain Link Specifcations Wood Fence Specifications �
FENCE HEIGHT �QA" FENCE HE{GHT
FABRIC SELVAGE K/K FENCE STYLE
SIZE/GAUGE OF WIRE Z" 9 Gauge MATERIAL GRADE
LINEAL FOOTAGE 25� LfNEAL FOOTAGE
LINE POST SIZE!TYPE 2 3/8" DQ 40 P�ST SIZE _
LINE POST DEPTH/ADAPTION Plated POST TYPE
TOP RAIL SIZE 1 TYPE l 5/8" DQ 4O POST SPACING
END/CORNER POST 51ZF1TYPE Z 7/$" DQ 40 POST DEPTH
RAIL SIZE
ENDlCORNER POST DEPTH Plated RAIL TYPE
GA7E POST SIZE/TYPE 2 7/8" DQ 40 gOARD SIZE
GATE SkZE/pESEGN 4' x 7' Walk Gate gpARDS SPACED
GATE FRAME SIZE/MATERIAL 1 _5/8" DQ 40 BOARDS FACED
GATE POST SIZE/TYPE FENCE CONTOUR
GATE SIZE!DESIGN GATE SIZE 1 TYPE
GATE FRAME SIZE!MA7ERIAL GATE SiZE!TYPE
BARBED WlRE OTHER
TENSION wIRE 7 C:auge �
BRACES ���TE 10.00% _ _
SLATS PRICE $3,209.00 �
07HER 8" X S"Plates STATE SALES TAX $320.90
Total $3,529.90
T Net 10 Days/Visa Mastercard
Cash or Check
Sp@CI�IS: Labar and Material to Install Fcnce and Gate(s}per Attached: (BlD IS COOD FOR 30 DAl'S>
Custamer to Clear and/or Show Fence Line �
[nstall new fence and�ate from floor to ceiling. Use 1/2" x 3/4"drop anchors.Cut wire to fit.cut fence to go around pipes
TH1S PROJEC7 COMES WITH A THREE YEAR WARRANTY ON MATERIALS AND LABOR
A AL BY
AI! City Fence Co., Inc. SIGNiNG AND DATING THIS AGREEMENT AT THE
Gene Claiborne 3584 4/2G/2017 SIGNATURE LINE AND DATELINE ON THE REVERSE
SIDE. WHEN SO SIGNED, THIS PROPOSAL SHALL
Reprasentative DATE BECOME A LEGALLY BINDlNG CON7RACT.
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1.PLACEMENL Customer is responsible for marking the location of all underground utilities, pipes, plumbing,sprinklers, w�nng, easements, nght-of-ways, and covenants.
Customer can obtain ihe location of akl undergrowid utilities by calling 7$00-124-5555.Customer is responsible for the conditwn oi the soil artd, in the absence of written
notice (rom Customer, ALl CITY will proceed with the work on the assumotion that the sal is suitab�e for ihe proposed construction and no extre excavation or backfill is
required. Cus1 umer is responsible to establish the fm,sh grade and dear the area wfiere the work is to be peAormed of all obstructions prior to the scheduled date of work.
2.PROPERTY OWNERSHIP. Cuslomer advtses and warrants ihat Customer is either the owner or the authorized agent of Ihe owner of the properly on which the work will
be performed.Customer agrees to be liable for all payments due under this contract whether or not paid by the owner.Ii Customer is not the awner of the property,Customer
states the actual owner ot the property is
NAME C!��_._ t�_ ___�V�.�i/1�� PHONE�� �Z f_ � �L C.!_ �I S�
aonRFss IOSS uv� t �^ �i/'ar.I-r r�wl _ _cirir �Zt n f c.1 ziP 9 f �.s' �-
3.DISPUTES AND REMEDIES. In the event either party to this contract alleges a breach of the contract by lhe other party,Contractor,All Ciry,but not customer,shaU have
the option oi elect�ng,by�iving written notice to cuslomer,of resolution of any such dispute by binding arbitralion pursuant to the provisions of chapter 7.04A,RCW,or,in the
altemative,contractor may e4ect a Superior Court lien foreclosure acGon to foreclase any claim of lien which contractor may have recorded agamst the property which is the
location of the work of the conhacL In any such dispute,it is specifically agreed that neither paRy shall be entitied to conseyuential,punit+ve,or exemplary damages.Regardless
of whether binding arh�traUon,or r,ourt iien foreclosure Is elected,the prevailing paRy in any such proceeding shall be e�titled to award of its reasonable attorney's fees and
COStS of litigation/arbitrahon
4.CANCELLATION,SCHEDULING AND PAYMENT.This signetl contract Is cancelable by eilher party prior to ALL CITY ordering maierial for Customer's job.PerFormance
of the work will be scneduled within a reasonable time aRer receipt by ALL CITY of a fully cornpleted and signed contract unless Customer specifies an exact time ta perform
work'rn the body oi this contract. ALL CITY shall nnt he liahle fnr any delays in completi�g ihe work.Interest on all past due accounts, whether liquidated or unliquidated,shali
be a1 the ra�e of 12%per annum.
5-HOLD HARMLESS. Customer agrees to indemnrfy and hold ALL CITY harmless from any and•all claims arising from or wh ch relate to Customer's responsibilities in this
contract.
6.PERMITS. llny governmental permits required to complele the scope of wwk to be performed under this contract shall be the responsi6ility of Customec All rcquired
permits will be obtained,pa�d for,and posted on the property by Customer prior ro the commencement ot work by ALL CITY
7-WARRANTIES.ALL CITY warrants that all labor,material and taxes will be paid for and that there will be np pntential lien claimants upon final payment by Customer. All
work will be performed fn a commercially reasonahla mannec ALL CITY warrants that all labor and materials will be free of any material defects for a perfod of 36 months from
the date of installation. The sole remedy far a warranty claim by Customer ia the rcpair or replacement of the defect and there are no other warranties expressed
or implied. All warranty claims mus!6e made in wnhng within the 36 month period or any Gaim based upon any warranry is waived.This warranty is vo�d it any other person
or entity oiher than ALL CITY attempts to repair or replace.ALL CITY is not rasponsihle for conaequential damages.
I ACCEPT THE ABOVE CONYftACT TERMS: ..__
`I,lZli Z�I�
SIGNATURE OF CUSTOMER DATE
NOTI E TO CUSTOMER
This contractor is registered with the state of Washington, registration number ALLCICF927KW, and
has posted with the state a bond or deposit of$6000.00 for the purpose of satisfying claims aga+nst the
contractor for breach of contract including negligent or improper work in the conduct of the contractor's
business. The expiratian date of#his contractor's registration is December 31 of each year.
THIS BOND OR DEPOSIT MIGHT NOT BE S�JFFICIENT TO COVER A CLAIM THAT MIGHT ARISE
FROM THE WORK DONE UNDER YOUR CC�NTRACT.
This bond ar depasit is nat for your exclusive use because it covers all work performed by this contractor.
The band or deposit is intended to pay valid ciaims up to $60Q0.00 that you and other customers,
suppliers, subcontractors, or taxing authorities may have.
fOR GREATER PROTECTION YOU MAY W1THH�?LD A PERCENTAGE O� XOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a
stated period of time to provide protection to you and help insure that your project will be compteted as
required by your contract.
YOl1R PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of your
contractor or subcontractors is not paid, your property may be liened to force payment and you could
pay twice for the same work.
FOR ADDITIONAL PROTECTION YOU MA,,Y REQUEST THE CONTRACTOR TO PROVIDE YOU
WITH�RIGINAL"LIEN RELEASE"DOCUMENTS FR�M EACH SUPPLIER OR SUBCONTRACTOR
QN YOUR PROJECT.
The cantractor is required to provide you with further information about lien release documents if you
request it. General information is also available from the state Department of Labor and Industries.
I have received a copy of this disclosure statement. '
Dated this � day of 2 � of the year � �� / '�
S� natu e of Customer