HomeMy WebLinkAboutContract 109A5196
CAG-17-163
� CITY OF
_��/� �,�� ��� �
SMALL WORKS CONTRACT AGREEMENT FOR Remove Existing
Runway Marking AT MUNICIPAL AIRPORT
THIS AGREEMENT("Agreement") is made as of the 315T day of July, 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 Apply A Line, Inc. ("Contractor"), who are collectively referred to as the
"Parties",to perform remove existing Runway marking at Renton Municipal Airport. Renton and
Contractor agree as set forth below.
1. Scope of Services: Contractor will provide all material (water will be provided by airport)
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." All work
performed will be performed in each of the areas identified as "Remove Existing paint
Area" in Attachment 6. All work will conform to the standards and procedures set forth
in Attachments "A".
2. Changes 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 30 days 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 90 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 will be based on actual work, at the
rates set forth in and as otherwise in compliance with attachment "A". Attachment A
anticipate a total amount of $48,400.00, including Washington State Sales Tax. This
amount may be adjusted to a mutually agreed amount based on a mutually agreed
Page 1 of 6
increase to the quantities shown on Attachment A; provided that the amount of this
Agreement shall not exceed $48,400.00(including Washington State Sales Tax).
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 liability 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.
Page 2 of 6
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, shall not discriminate on the basis of race, color, sex, religion, nationality,
creed, marital 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
Page 3 of 6
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�Wage 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://www.lni.wa.�ov/TradesLicensin�/PrevWa�e/default.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
Page 4 of 6
i
i
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. Jurisdiction and Venue. Any lawsuit or tegal 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 lustice
Center in Kent, King County, Washington,or its replacement or successor.
i. 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.
j. Sole and Entire Agreement. This Agreement contains the entire agreement
of 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
shall be construed 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
shall 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 to 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
P'�-
�����
IMayor Den s Law Mict iljes om, President
1055 South Grady Way
Renton, Washington 98057
� 08/01/17
D te Date
Page 5 of 6
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Approved as to Legal Form Attes -
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Shane Moloney Jason Seth
Renton City Attorney Renton City Clerk
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D e ate
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Page 6 of 6
Pro osal dated 7 21 2017
p
in the amount of
44 000 . 00 P I u s Ta x
�
APPLY-A-LINE, INC.
�'YYApA 175 Roy Road SW, Bidg G • Pacific, WA 98047 ���
k:���,�n�,��n,�srh>�r:����n,���,,<,,x,�,;,,� Phone(253)298-4200 • FaX(253)299-1250
' maii@appiyaline,com • LIC.#APPLYI*161RU
REVISED PROP4SAL
RTfENTION: KAMRAN YAZDIDOOST/RENTON AIRPORT
PROJECT:' RENT�N MUMCIPAL AIRPORT RESTRIPE RUNWAY
BID DATE:' 7/26J2017
tTEM ' DESCRIPTION PLAN UNIT TOTAL
# Q�' BID BID
REMOVE RUNWAY MARKINGS(APPROX 40,80Q F) 1 LS 44000.00 44,QOO.OQ
REMOVE FROM NORTH AIM POINTS SOUTH
APPRQX 4 NIGHT SHIFTS
STIPULATlQNS: i .BOND NOT INCI.UDED
' 2.AIRPORT TO PROVIDE RAD10 ESCORT
3.THIS PROPOSAL TO BE INCLUDED WITH CONTRAC7 DOCUMENTS
' 4. INCLIDES NtGHT WORK
' S. INCLUDES PREVAILING WAGE
' 6.AIRPORT TO PROVIDE WATER FOR PAINT REMOVAL
7HANK YOU FOR THE OPPORTUNITY TO QUOTE THlS RROJECT W1TH
YCIUR COMPANY.
SINCERELY,
PRICES INCLUDE MATERIAL,
INSTALLATION&INSURANCE.
��C ����� PRICES GOC?D IF COt�iTRACT IS
�..--.� RECEIVED WITH(IV 30 DAYS OF
AWARD.
AFTER 30 DAYS PRICES MUST
RUSS STE7SON BE RENEGOTlATED.
ESTIMATOR
Existin Paint Removai
g
Ma
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