HomeMy WebLinkAbout16-008 - MOCON Fence Contractors - Security Fence for Police Records Sheet 1 of 1
far r11i �9s2�',
CITY OF TUKWILA
0,N..• jam,
CONTRACT CHANGE ORDER NO 1
1908 _
DATE: March 15,2016 BUDGET NO.: 303.98.594.180.65.00
PROJECT NO.: 91530307 CONTRACT NO.: 16-008 (G,,)
PROJECT NAME: 571 Strander Boulevard—Security Fence
TO: Mr. Michael Moriarty, Owner
MOCON Fence Contractors
12510 SE Petrovitsky Rd
Renton WA 98058
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not
included in the plans and specifications on this contract:
NOTE: This change order is not effective until approved by the"Owner"and a notice to proceed is issued.
Conditions:
A. The following change, and work affected thereby, are subject to all contract stipulations and covenants;
B. The rights of the"Owner"are not prejudiced;
C. All claims against the"Owner"which are incidental to or as a consequence of this change are waived; and
D. The Contractor must submit all Field Overhead and Home Office Overhead Rates
for approval in advance of all change orders.
CHANGE: Contract 16-008,Agreement Section 3 Specifies $10,220 including tax, however the Exhibit B Proposal states
$7294.00 without tax. The correct revised Proposal now attached to this Change Order No. 1 is labeled as
Exhibit B-1 for$10,220.00 without tax.
We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above, and perform all services
necessary for the work above specified,and will accept as full payment therefore the prices shown above and below.
ACCEPTED: Date `//3 7/(p Contractor, O(lee,CP,,r?CP G"D i�G751 Ys
By_, . / r , Title fird),¢d �n.a-e-�tg
Original Contract(without tax) $ 7,294.00 ✓ APPROVED BY THE CITY OF TUKWILA
Previous Change Order $ 0 Date S"'t (6
This Change Order(without tax) $ $2,926.00 //%
By Akiti
REV. CONTRACT AMOUNT $;/n,.2y A7
(11/2014)
MOCON E-gf-t s \ 1J-I MEMBER OF THE
LOAF,AA American Fence
%di ® Association.Inc.
FENCE CONTRACTORS
12510 S. E. Petrovitsky Rd.
Renton,WA 98058-6706
P:(425)228-2296 F:(425)228-9969
e-mail: mike(a�moconfence.com
Internet:www.moconfence.com
REVISED PROPOSAL
To: City of Tukwila, Public Works Director Date: 1/15/16
Attention: Bob Giberson bob.giberson @tukwilaWA.gov
From: Michael Moriarty
No. of pages: 1
Project Name: 571 Strander Blvd, Tukwila, WA
Subject: 8' high all galvanized chain link fence and gates
We propose to furnish and install the following all galvanized chain link fence items for this project. Includes 2 3/8"
od line posts with 2 7/8" od terminal posts (all mounted to concrete floor by means of welding 6"x6" flange plates to
base of posts, attaching to concrete floor with (4) each, 1/2"x 2 3/4"wedge anchor bolts). The gate posts for(4) 15'
double swing gate leafs to be 4" od posts, with 2 7/8" at the recently added 5' single swing gate. The 15' double
swing gate posts to be core drilled (at (6) locations) and set directly into the 8"thick slab verse plating down for
additional set needed to support these large gate loads. Fence to be comprised of 7' high(2" mesh, 9 gauge) all
galvanized chain link fabric plus (3) strands of barbwire overhead with razor wire attached to barbwire for 8' high
overall. Also includes 1 5/8" od top and middle rail throughout, as well as bottom tension wire throughout the fence
line. All gate frames to be 1 7/8" od with strong arm (fulcrum type) latches that will accept common padlock.
Layout of fence to be provided by City of Tukwila.
Includes following quantities:
• Up to 100 LF of 8' high chain link fence
• (2) 5' single swing gate
• (4) 15' double swing gates
All security wire/contact alarm items to be by others.
LUMP SUM $10,220.00 Resale W g �� '��
C
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contractor)
Vendor Name:
Address:
Telephone:
Contract Number: 16 -008
Council Approval N/A
CITY OF TUKWILA
Short Form Contract
MOCON Fence Contractors
12510 E. Petrovitsky Rd.
Renton, WA 98058 -6706
(425) 228 -2296
Project No.
Budget Item:
Project Name:
7/530367
303. (e„ 1 C75e G(�
571 Strander Blvd
*Security Fence*
Please initial all attachments, then sign and return copies one and two for
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 f 5-ai day of 3 2016, by and
between the City of Tukwila, hereinafter referred to as "City', and MOC N 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 by February 1, 2016 and be
completed no later than March 1, 2016.
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
$10,220.00,including sales tax, 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 make payments on account of the contract at completion of the
project.
CA revised 2012
I5-1 ab 2 ecr'n 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.
8. MATERIALS, APPLIANCES AND 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 REGULATIONS. 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. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be 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'
CA revised 2012 Page 2
written notice to the contractor, and his surety, if any, may without prejudice to any other remedy
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.
16. 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 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.
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 ISO form CG 25 03 11 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' Compensation 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. Contractor shall name "IIT ANDOVER DC LLC" as owner of
building.
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 may, 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 CONTRACTS. The City has 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 hidustrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnify, defend and hold hannless 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 RCW 39.12.040.
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 be of any force or effect unless it is in writing and signed by
the parties.
26. SEVERABILITY 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; ATTORNEY'S 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 tern 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.
CITY OF TUKWILA
By: 1�1� �� By:
Signature, Bob Giberson, Public Works Director
Signature," Mic ae Moriarty, MOCON
Printed Name:. rNag 61 A) Printed Nanie: 6i.4e5-e.. eme_
Title: -- Pvf3'c..Zc_ 1A/ ' Qfk arc._ Title: 00/0/70
_
Date:
CA revised 2012
/is/6
Date: / // //�
Page 6
MOCON
FENCE CONTRACTORS
12510 S. E. Petrovitsky Rd.
Renton, WA 98058 -6706
P: (425) 228 -2296 F: (425) 228 -9969
e -mail: mike(amoconfence.com
Internet: www.moconfence.com
PROPOSAL
To: City of Tukwila, Public Works Director
Attention: Bob Giberson
From: Michael Moriarty
No. of pages: 1
Project Name: 571 Strander Blvd, Tukwila, WA
Subject: 8' high all galvanized chain link fence and gates
We propose to furnish and install the following fence items for this project. Includes 2 3/8" od line posts with 2 7/8"
od terminal posts (all mounted to concrete floor by means of welding 6" x6" flange plates to base of posts, attaching
to concrete floor with (4) each, ' /2" x 2 3/4" wedge anchor bolts). The gate posts for the 15' single gate leafs and the
one support post that has (2) 7' -6" gate leafs to be 6 5/8" od posts with 4" od posts at the (2) additional 7' -6" gate
leafs that only have one leaf supported on the post. The 4' single swing gate will hinge on the 6 5/8" common suppo
with the 15' single swing gate as well. All gate posts to be core drilled and set directly into the 8" thick slab
verse plating down for additional set needed to support these large gate loads. Fence to be comprised of 7' high (2"
mesh, 9 gauge) all galvanized chain link fabric plus (3) strands of barbwire overhead with razor wire attached to
barbwire for 8' high overall. Also includes 1 5/8" od top and middle rail throughout, as well as bottom tension wire
throughout the fence line. All gate frames to be 1 7/8" od with strong arm (fulcrum type) latches that will accept
common padlock.
MEMBER OF THE
�AFA American Fence
'/�® Asaociation,Inc.
Date: 9/25/15
bob.giberson@tukwilaWA.gov
Layout of fence to be provided by City of Tukwila.
Includes following quantities:
• Up to 66 LF of 8' high chain link fence
• (1) 4' single swing gate
• (2) 15' double swing gates
• (2) 15' single swing gates
All security wire /contact alarm items to be by others.
LUMP SUM $7,294.00 Resale