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HomeMy WebLinkAboutContract CAG-17-106 � �'�"°y�i . _,.._�"�`� � ,:F.��.3�:.,/�� ''`+:"� SMALL WORKS CONTRACT AGREEMENT _h__ 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 � Kelly, Bey er Ad inistrator y Fence 1055 South Grady Way 6 South Hudson Street Renton, Washingtan 9$057 Seattle, Wshington 98134 �1��1� ��� -�� � Date Date � � � � CITY OF RENTON COMMUNITY SERVICES DEPARTMENT -------""' �IK lIOri� City Of Renton SCOPE OF SERVICES ATTACH M E NT A ALL CITY FErNCE �CO. � 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 �� �1- � e`� - � JC f� �'�'�3' � �B � 7�8 ��8 l�� '��X 7' � "��7"s �c��cv A �� pa�to oa�wo SPECIALS �`F�,�,"�.�yl� 5�g �l TOTAL FOOTAGE � � � "" � ! 1�? � ''U � CIRGLE: �EVEL ` ` � HILLY �1�.� .� �-- EARTH ASPH C� �� \ ONC TTG ���' LEVEL T. �' �T J ONTOUR STEP `� ��, BIA ,�` '�i; ����,,,,l.J��!'� PLATES�x�' r�) 3,K(? � �� SKILC" 3 � B/W �'( . T/�W� I�� BRACE � IN . �r��a•�J►'��a.�'�*.!`"'e.t-��'�"a.af�C�.+�-�k!' _ UT�. JACKHAMMER WELDER GENERA70R `4�0�TQHAMME D / bIGGER ROCK DRILL CORE DRILL TO H LADDER,�, CHAIN SAW DISCOUNT MATERIA� LABOR HRS TOTAL $ $ OFFIGE COPY , AFA � � ��� 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. � 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