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Home My WebLink About17-195 - B R Fencing - Fencing for Dog ParkCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 17-195 Contract Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and B R Fencing Inc. hereinafter referred to as "the Contractor," whose principal office is located at PO BOX 60193 Renton, WA 98058. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto 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. 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 $39,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shalt request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shalt be in full force and effect for a period commencing November 20th , 2017, and ending December 30th , 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 0 ,p 02 0 CA Revised December 2016 Page 1 (4'4 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 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. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 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 the 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. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason. the City shall have the right to terminate this Agreement immediately. 11. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 4 Exl-ob;3 A w.11,‘ expand openitl9r-- asici hollorcl •ce • 11I.III 11 I I • Ia. 110. 1 x 20' ":.tit 14,1. ticjitIrc-rrd it ,1•1 • - ‘„,.t•.t st LACt ¼ te' . 11 91 I 1,3 C . I 1,9 rat L. t ,ilr sk.11.-t.ituj r. it. ,11 c • •,,c1.-nir c c• r- wIth pcstc-ts11,1 I • lr 1V:1• 1,1 990 I a • 1.11 47.45/1,18' Inn 111178110/Hod 489 ft I.- r B R Fencing Inc PO BOX 60193 Renton, WA 98058 BRFENRF953CQ Voice: 425-413-1099 Fax: 425-432-0713 B-R-Fencing@comcast.net Quoted To: City of Tukwila Park 12424 42nd Avenue South TUKWILA, WA 98188 QUOTATION Quote Number: 2067672332kris Quote Date: Sep 14, 2017 Page: 1 Customer ID Good Thru Payment Terms Sales Rep City of Tukwila Park 10/14/17 Net 30 Days Quantity Description Unit Price Amount ****DOG PARK****** 1,450.00 New 4' high black CLF 2-8-4' black bonded 2 3/8 lines, 2 7/8 end or gates, 1 5/8 top and bottom rail (all black) 18.50 26,825.00 3.00 New black walk gates 4"opening with hinges and fork latch's 250.00 750.00 1.00 Intent affidavit 80.00 80.00 1.00 New black double drive gates 12' 'opening with hinges and drop rod on 500.00 500.00 4' posts Subtotal 28,155.00 Sales Tax 2,815.50 TOTAL 30,970.50