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HomeMy WebLinkAbout15-185 - MOCON Fence Contractors - Thorndyke Safe Routes to SchoolCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 15 -185 Council Approval N/A CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: MOCON Fence Contractors Address: 12510 SE Petrovitsky Rd Renton WA 98058 -6706 Telephone: 425- 228 -2296 Project No. 9 12 ► 63C ... Budget Item: 10-5, 5I c.Ud Project Name: � - sctkoo -t Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works Department, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this I day of Deu-^^ 2015, by and between the City of Tukwila, hereinafter referred to as "City ", and MOCON Fence Contractors, hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform. those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. TIME OF COMPLETION. The work shall be commenced on December I.st 2015 and be completed no later than December 8`t', 2015. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $3235.73 at a rate of Lump Sum, except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall rn.ake payments on account of the contract at completion of the project. CA revised 2012 / S/d a ( /6 /41/ (_.—S Page 1 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. The contract includes this Agreement, Scope of Work and Payment Exhibit. • The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. • The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. • The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. S. MATERlALS,..APPLIANCE:S ANI) EMPLOYEES. • Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. • Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that. all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS. PERMITS .AND R. EGULATIC)NS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK,. PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 12. CIIANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall he in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT_ TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, .may without prejudice to any other remedy CA revised 2012 Page 2 the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall. be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 1.6. INSURANCE,. The Contractor shall procure and maintain for the duration of the Agreement, 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, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein 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. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall he 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. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed. under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement I,SO form CG 25 03 1.1. 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using .ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Coil sensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised 2012 Page 3 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. .Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business-days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against :funds due the Contractor from the City. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond. at 100% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City rnay, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after 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, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which. a lien could be filed, or a bond satisfactory to the City .indemnifying the City against any lien. 19. SEPARATE CONTRAC'T'S. The City h.as the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. CA revised 2012 Page 4 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised. Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim. brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with R.CW 39.1.2.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed. by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda. represents the entire and integrated. Agreement: between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall he of any force or effect unless it is in writing and signed by the parties. 26. SIV ;RAB1L1TY AND SURVIVAL. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 27. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 CA revised 2012 Page 5 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 28. APPLICABLE :LAW: VENUE. ATTORNErS FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. MY. OF TUKWILA Bv: Signature, Printed Name: 'o (;)\\WiCS Title: - '6\9\ \V \h S `JV c Date: 2--/ f"r CA revised 2012 By. Signature Printed Name:WY EiCk Title: 1 / rna.et 6✓ Date: «/ls /is-- Page 6 MOCON FENCE CONTRACTORS 12510 SE Petrovitsky Rd Renton WA 98058 -6706 Phone: (425) 228 -2296 Fax: (425) 228 -9969 Email: ron @moconfence.com PROPOSAL To: KPG Date: 10 /30/2015 Attn: "Travis Watt Via email From: Ron Bick # pages: Reference: 4019 S 150th St, Tukwila Subject: Wood. Fence Replacement We propose to furnish. and install approx 901.11 of 6' tall solid wood fence, including removal and disposal of existing,. Includes new 4x4 pressure- treated posts, (2) 2x4 pressure - treated rails and 1x6 dog -eared cedar boards. Lump Sum: 52,955.00 plus tax BE).7 TAX 9.5 ate, 3235. S -to k QA /Mee -(Tf M tvcn S 5 i0 9.7E-pa-NA t c, 156 NiltcV tArfTi-(y 10 Pcey S o F um Phi nv f //0 2-(< \ cov -KA c-r ; E c,`t /V 6. IZE u � Xf�F Sf�sT 6 <<) � � � •( v Pee S cam` - 11- --)N 27`� aF cv a&c. -(, . TER MS: 9lalttrtie Ititt- u} ic+ t- ti' oFithleti ott- wicI t-rtn-retainer- wif•Ii *[(f,i -.. STANDARD EXCLUSIONS: Clearing, grading, staking /locating of fence line. locating of underground utility, traffic control, electrical grounding, sleeves, hlockouts, asphalt patch, core drilling, sona tubes, padlocks, any locking devices, saw cutting, backlit!, extra mobilizations, removal of existing fence, post pulling, mowstrips, curbs, bollards, hazardous waste trainingg, and removal of, wood or plastic slats, pipe gates, painting, vinyl or powder coating, temporary fence, guardrail, wire mesh, tax bands, bid bonds, permits and union fees (non -union quote); all costs incurred for drug testing; warranties in excess of one year. QUALIFY: Survey and grade hubs supplied by others prior to us mobilizing. We must have access to fence line with digging equipment and concrete truck. Please allow minimum 2 weeks fbr powdercoatcd or vinyl coated finished materials. Insurance coverage of $1,000,000 each occurrence (52,000,000 General Aggregate) included. WA Contractor Lie. dl MOR1 AF:10277R3. This proposal expires 30 days from today's date. Prices stated will need to be confirmed at time of order. Please sign one copy and return for our files upon approval of proposal and terms. Date accepted: Company: By: on Bick, Project Manager ex AR °5 CERTIFICATE OF LIABILITY INSURANCE 5i�4i2oi5 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conover Insurance 155 108th Avenue NE, Suite 725 P.O. Box 90007 Bellevue WA 98004 CONTACT Cheril Cruden NAME: PHONE (425) 455 -5000 FAX 4 (A/C No. Fxtl• (A/C, No): ( 25) 454 -5550 E -MAIL cherilc @conoverinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INsuRERAAmerican Fire & Casualty 24066 INSURED Moriarty Enterprises, LLC, DBA: MOCON 12510 SE Petrovitsky Rd. Renton WA 98058 -6706 INSURER B :Oh10 Security Ins Co BKA55548617 INSURER C :Ohio Casualty Ins Co. 24074 INSURERD: $ 1,000,000 INSURER E : $ 1,000,000 INSURERF: CLAIMS -MADE COVERAGES CERTIFICATE NUMBER:15 -16 master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM /DD /YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY BKA55548617 5/15/2015 5/15/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES jECOT- PER: LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS BAS55548617 5/15/2015 5/15/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccidenq $ Hired Non -owned auto liability $ 1,000,000 C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE US055548617 5/15/2015 5/15/2016 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTON$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABIL TY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N NIA WA Stop Gap BKA55548617 5/15/2015 5/15/2016 I WC STATU- OTH- TORY LIMITS X ER E.L. EACH ACCIDENT 5 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance Only. CERTIFICATE HOLDER CANCELLATION * * * ** *FOR INFORMATION ONLY * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * ** SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matt Newton /CRUDEN ACORD 25 (2010/05) INS025 norms■ ni ©1988 -2010 ACORD CORPORATION. All rights reserved. Thn Ar:rlPfl n.rna onrf Innn ,ro raniefororf mnrlrc of AffPf Additional Named Insureds Other Named Insureds MOCON MOCON MOCON MOCON Doing Business As Doing Business As Doing Business As Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC